| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Roger W. Able | Member | |
| Mr. Kenneth W. Lapin | Member |
2. The applicant requests that he be promoted to Captain with a date of rank and effective date of 31 March 2001.
3. The applicant states that he submitted his request for waiver of the statutory educational requirements for promotion to Captain on 4 February 2000. His Branch either never received his request or lost it and did not notify him until 14 March 2001, only 17 days prior to his scheduled promotion date.
4. The applicant’s military records show that, after having had prior enlisted service, he was commissioned in the U. S. Army Reserve out of Officer Candidate School (OCS) on 25 September 1997. He was selected for promotion to Captain by the Fiscal Year 1999 Captain Army Promotion Selection Board with a promotion eligibility date to Captain of 31 March 2001.
5. Title 10, U. S. Code, section 12205 states that no person may be appointed to a grade above the grade of First Lieutenant unless that person has been awarded a baccalaureate degree by a qualifying educational institution. The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 authorized the Secretary of the Army to waive, until 30 September 2000, this requirement for any officer who was commissioned through the Army OCS before 17 October 1998. The waiver would be made on a case-by-case basis and may continue in effect for no more than 2 years after the waiver is granted. The applicant submitted a waiver under this authority on 4 February 2000.
6. An advisory opinion was obtained from the Promotions Branch, U. S. Total Army Personnel Command. That office recommended approval of the applicant’s request. It noted that the applicant’s waiver had been misplaced by his Branch. Had it not been misplaced, it would have been approved and he would have been promoted to Captain with a date of rank and an effective date of 31 March 2001.
7. A copy of the advisory opinion was provided to the applicant for comment. He concurred in the advisory opinion.
CONCLUSIONS:
1. In accordance with the advisory opinion, the applicant’s records should be corrected to show that his request for a waiver of the statutory educational requirement was received by the appropriate office in February 2000, approved, and that he was promoted to Captain with a date of rank and an effective date of 31 March 2001.
2. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that applicant’s request for a waiver of the statutory educational requirement was received on 4 February 2000, approved, and that he was promoted to Captain with a date of rank and an effective date of 31 March 2001.
BOARD VOTE:
__kak___ __rwa___ __kwl___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Karol A. Kennedy
______________________
CHAIRPERSON
| CASE ID | AR2001057454 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010710 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 131.04 |
| 2. | 131.05 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001055424C070420
The evidence shows that Engineer Branch received the applicant’s request for an education waiver almost two months prior to the suspense date and for unknown reasons the request was not processed. The applicant’s records should be corrected to show that his request for a waiver of the statutory educational requirement was received and processed by the appropriate office on 8 August 2000, approved, and that he was promoted to captain with a date of rank and an effective date of 1 March 2001....
ARMY | BCMR | CY2008 | 20080019718
IN THE CASE OF: BOARD DATE: 9 JUNE 2009 DOCKET NUMBER: AR20080019718 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The regulation establishes civilian educational requirements and states an original appointment as a commissioned officer in the Regular Army in the basic branches may be given only to a person who has a baccalaureate degree, except OCS graduates who have completed 90 semester hours of college study and who are able to complete a baccalaureate degree from an accredited...
ARMY | BCMR | CY2008 | AR20080015632
If the applicant had already completed his degree requirements he would have been promoted on 1 October 2002, his Promotion Eligibility Date (PED). It was also noted that officers commissioned through OCS are briefed on the requirement to complete their degree before being eligible for promotion to captain but they are not notified individually to submit a waiver for the education requirement prior to the captains board. As a result, the Board recommends that all Department of the Army...
ARMY | BCMR | CY2003 | 2003091294C070212
The National Defense Authorization Act for Fiscal Year 2002 reinstated the waiver, but the applicant did not find out about it until after he was promoted on 1 October 2002. In the processing of this case, an advisory opinion was obtained from the Promotions Branch, US Total Army Personnel Command (PERSCOM) which states, in essence, that there was no waiver authority in effect at the time of the applicant's promotion eligibility to Captain. It would appear that the intent of Congress was...
ARMY | BCMR | CY2001 | 2001058653C070421
The applicant states that if his request for waiver had been considered, it would have been approved. However, he was told on 24 September 2000, the date he began school, that the requirements for waiver had been changed, that he had to submit a request for waiver by 29 September 2000. To fix this error, the Board will recommend that the applicant’s records be corrected to show that the ASA M&RA approved the applicant’s request for waiver on 30 September 2000 and, based on that waiver...
ARMY | BCMR | CY2006 | 20060010007
The opinion stated that the applicant was considered for promotion by the 2002 and 2003 CPT DA RCSB and was not selected because his records did not contain evidence that he had completed a baccalaureate degree. However, based on the information provided in the advisory opinion, the applicant had submitted a request for a civilian education waiver in accordance with Title 10, U.S. Code, section 12205(d) prior to the convening date of the 2003 DA RCSB through his chain of command overseas. ...
ARMY | BCMR | CY2001 | 2001062562C070421
The applicant requests, in effect, that his records be corrected to show that his discharge from the Army Reserve was revoked and that he was reinstated into the Retired Reserve. He indicates he was passed over for promotion a second time and was honorably discharged from his Reserve status. That all of the Department of the Army records related to this case be corrected by showing that AR-PERSCOM Letter Order Number D-03-019527, dated 31 March 2000, with an effective date of 1 August...
ARMY | BCMR | CY2007 | 20070007799C071029
The applicant provided a 7 August 2006 letter from HRC-STL to his Congressman, which indicated the applicant had been identified to, but removed from, the 2000 CPT, Army Promotion List, Department of the Army Reserve Components Selection Board (RCSB) due to his time spent in the Inactive Army National Guard as of 1 February 2000. Department of the Army Personnel Policy Guidance, chapter 13, states that a commissioned officer who is notified of a two-time nonselect for promotion, and is not...
ARMY | BCMR | CY2005 | 20050002346C070206
The applicant requests, in effect, a civilian education waiver, promotion reconsideration to captain by a special selection board (SSB), and reinstatement in an active Reserve status. The HRC sent a memorandum to the applicant, dated 8 April 2004, second time non-select for promotion to captain, due to civilian education requirement. As a result, the Board recommends that all State of Florida and Department of the Army records of the individual concerned be corrected by deleting his 2002...
ARMY | BCMR | CY2010 | 20100020360
He was promoted to the rank of first lieutenant (1LT) on 28 January 2006 and was ordered to active duty on 10 February 2007. The evidence of record clearly shows that the applicant submitted his request for a waiver in sufficient time to be considered by the selection board and through no fault of his own, his waiver was not provided to the board for consideration. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...