PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 14 February 2002
         DOCKET NUMBER: AR2001062834


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul A. Petty		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. John E. Denning		Member
Ms. Barbara J. Ellis		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that his record be corrected to show that he met the educational requirements for promotion to captain in the U. S. Army Reserve (USAR), that he be reconsidered for promotion to captain USAR, and if selected, that his discharge from the Individual Ready Reserve (IRR) be revoked and that he be so promoted.

3. The applicant states, in effect, that he did not discover until 2001 that he had been discharged in 1992 from the IRR for two time non-selection for promotion to captain in 1991 and 1992 due to not being educationally qualified. He had thought that he had been discharged at the end of his service obligation and he had never received notification that he was being considered for promotion or was non-selected for promotion to captain. He learned of the two time non-selection in 2001 when he applied to reenter the Army Reserve. He states that he was educationally qualified for promotion to captain as a result of completing the Field Artillery Officer Basic Course in 1985 and his Bachelor of Science in Agriculture in 1987 and that he had provided these documents to his Reserve unit, were in his Reserve unit personnel file, and were forwarded to the U. S. Army Reserve Personnel Command (AR-PERSCOM). He provides copies of these documents.

4. The applicant’s military records show that he was an enlisted member of the Reserve Components from 23 March 1982 through 24 October 1982. He enrolled in Reserve Officer Training Corps (ROTC) at the University of Wisconsin –Madison and enlisted in the ROTC Simultaneous Membership Program (SMP) on 25 October 1982. On 20 May 1984, he was commissioned early as a second lieutenant, USAR, in the Field Artillery, and assigned to a Reserve Troop Program Unit (TPU): F Battery, 3/224/3 Brigade Field Artillery One Station Unit Training, 84^th Training Division in Milwaukee, Wisconsin. He received a center of mass, average Officer Evaluation Report (OER) for his first year as a battery training officer. He attended Field Artillery Officer Basic Course at Fort Sill, completing it on 18 December 1985, achieving course standards. He returned to F Battery and served as the battery commander.

5. There is no OER in his record for the period of 21 December 1985 through
26 August 1986. However, the applicant provides a copy of this OER showing average remarks but no evaluation by the senior rater due to lack of required rating time.

6. For the next rating period, 27 August 1986 through 5 May 1987, as a battery commander, the applicant received a below center of mass, change of rater, OER. On 22 May 1987, he was promoted to first lieutenant. For the period
6 May 1987 to 1 December 1987, as battery commander, the applicant received a below center of mass, often failed requirements performance rating, change of duty, referred OER.

7. On 23 December 1987, the applicant received a degree of Bachelor of Science in Agriculture from the University of Wisconsin-Madison. On 11 January 1988, the applicant submitted a request to the Headquarters, 84^th Training Division, for a zip code search to locate another officer position for assignment. On this request, he states that he has bachelor degree. On 20 September 1988, the applicant requested transfer to the Headquarters and Headquarters Company, 633^rd Support Group in Madison, Wisconsin. The gaining commander approved the request and orders were so issued by the 84^th Training Division on 19 October 1988. There is no OER in his record for the period prior to this transfer.

8. The applicant did not report for drill at this new unit in February, March, April, and May. He was properly notified of each unexcused absence. On 6 June 1988, he was declared an unsatisfactory participant. On 12 February 1990, he was transferred to the IRR as a “MTA No Show” under authority of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 1-8a(7). This regulation provides that soldiers who have been assigned to a TPU and fail to report or cannot be located within 90 days, will be reassigned to the IRR.

9. There is no record in his personnel files of his consideration for or non-selection for promotion to captain. On 8 April 1992, AR-PERSCOM issued orders D-04-211426, honorably discharging the applicant from the Ready Reserve, effective 8 May 1992, by authority of Army Regulation 135-175 (Separation of Officers). No specific reason for the discharge is shown.

10. According to Army Regulation 135-155 on Reserve officers promotions, a first lieutenant must have completed a resident officer basic course to be educationally qualified for promotion to captain and a captain must have completed an officer advanced course to be educationally qualified for promotion to major. Prior to 1996, completion of a bachelor degree was not required for promotion eligibility for captain. The applicant’s automated data DA Form 2B (Standard Installation Division Personnel System [SIDPERS] – USAR, Personnel Qualification Record), prepared on 12 November 1988, shows that the applicant had completed the Field Artillery Officer Basic Course and had a 3^rd year college civilian education. His DA Form 2-1 (Personnel Qualification Record), last reviewed by the applicant on 2 February 1986, shows that he completed the Field Artillery Officer Basic Course in 1985.

10. The Office of Promotions, Reserve Components, U. S. Total Army Personnel Command, provided an opinion stating that the applicant was considered for promotion to captain by the 1991 and 1992 Captain, Department of the Army Reserve Components Selection Board and non-selected due to not being military

education qualified. The Office of Promotions also provides the opinion that, based on the applicant’s performance record, he would not be selected for promotion and recommends denying the applicant’s request. The applicant provides rebuttal, contending that his performance record does support consideration for promotion and, in effect, that he was educationally qualified but the system failed to properly post his records or notify him of promotion consideration or non-selection.

CONCLUSIONS:

1. The applicant was educationally qualified for promotion to captain. His officer basic course academic report was in his record and both his DA Form 2-1 and his SIDPERS DA Form 2B showed that he had completed the officer basic course. He had no reason to doubt that he was not educationally qualified for promotion consideration. He should not have been non-selected based on not being educationally qualified. To correct this error and injustice, the applicant should be reconsidered for promotion against both the 1991 and 1992 promotion criteria. If he is selected for promotion, he should be so promoted with a date of rank as though he had been correctly selected and promoted. If selected for promotion, his discharge from the IRR should also be revoked and he should be transferred to the Standby Reserve effective the date of his promotion. He should be permitted to enroll in an officer advanced course and be given a suspense of three years time from notification of this completed action, to complete the advanced course to be educationally qualified for consideration for promotion to major. At the end of the three years, he should be transferred to the IRR.

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 for the individual concerned, as an exception to policy, by:

         a. correcting his records to show that he completed his Field Artillery Officer Basic Course and received his degree of Bachelor of Science in Agriculture;

         b. reconsidering him for promotion to captain, USAR, under 1991 and 1992 promotion criteria;

         c. and, if selected for promotion, so promoting him with a date of rank as though he had been properly selected and promoted;

         d. and, if promoted, revoking his discharge from the IRR and place him in the Standby Inactive Reserve effective the date of his promotion;

         e. and, if promoted, authorizing him to enroll in an officer advanced course and give him a suspense of three years time from notification to complete the advanced course to become educationally qualified for consideration for promotion to major; and

         f. after thee years time, transferring him to the IRR.

BOARD VOTE:

___js___ ___jd____ __be____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___John N. Slone____
                  CHAIRPERSON

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INDEX

CASE ID	AR2001062834
SUFFIX
RECON
DATE BOARDED	20020214
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	131 - Promotion
2.
3.
4.
5.
6.