MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2001065911

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

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Ms. Jennifer L.Prater		Chairperson
Mr. Thomas Lanyi		Member
Ms. Barbara J. Ellis		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: That his Command and General Staff Officer Course (CGSC) graduation date be changed from 8 February 2001 to 1 September 2000.

APPLICANT STATES: That circumstances upon which he exercised no control affected his opportunity and ability to complete the CGSC prior to the 6 September 2001, convening date of the Lieutenant Colonel Army Reserve Components Selection Board (RCSB). He underwent two required surgeries, survived a tornado and flooding of his residence, and endured an endless work schedule, was able to receive a 50 percent Completion Certificate on 15 September 2000, and graduated from CGSC on 8 February 2001. Upon completion of his certificate, the West Virginia Army National Guard (WVARNG) Military Personnel Office (MILPO) faxed his certificate to the RCSB and assured him that it would be placed in his file; however, this was not the case. Consequently, he lost his commission and position as a military technician. He explained his situation to the Special Selection Branch of the Office of Promotions, Reserve Components, Army Reserve Personnel Command
(AR-PERSCOM). He also explained the circumstances for not completing CGSC prior to the RCSB and was informed to request a change in his completion date and appearance before a Standby Advisory Board (STAB). In 1995, he began and completed all but one assignment of the CGSC Phase 1 through a United States Army Reserve School. However military assignments and knee surgery necessitated his withdrawal from the course. In 1997, the MILPO of the WVARNG contacted the CGSC and was able to coordinate re-enrollment into the CGSC correspondence course. In the Spring of 1998, prior to mailing the completed CGSC Phase II tests, he contacted a CGSC counselor, who advised him that he needed to write a leadership essay assignment to complete Phase I. Prior to completing the Phase I requirement, a tornado damaged his residence and some of the contents therein, which included CGSC material. In support of his application, he submits copies of: two memorandums; a facsimile transmittal sheet concerning his re-enrollment; two Standard Form 600 (Chronological Record of Medical Care); a CGSC Form 128 (Notice of Enrollment); a 50 percent Completion Certificate; a DA Form 1059 (Service School Academic Evaluation Report), dated 8 February 2001; and several documents pertaining to his losses and damages.

EVIDENCE OF RECORD: The applicant's military records show he was appointed as a second lieutenant in the West Virginia Army National Guard (WVARNG) on 17 May 1980.

He was promoted to the rank of major/0-4 on 18 August 1993.




The applicant’s Standard Form 600, dated 9 February 1996, states that the applicant was issued a 113111 temporary profile (T-3) due to his anterior (situated in front of or in the forward part of) cruciate (crossed) deficient knees until 31 August 1996.

On 4 October 1997, he was issued a 112111 temporary profile due to an
anterior cruciate tear in the left knee and was assigned an alternate Army Physical Fitness Test (APFT) event of the bicycle.

The applicant provided a copy of his CGSC Form 28, which stated that he was
reenrolled in the CGSC (1-250-C3) on 26 November 1997, and must complete the course by 26 November 2000. It also stated that there would be no extensions and that if he does not complete the course in the time allowed, he would be permanently disenrolled.

The applicant provided a copy of a course completion certificate which shows that he had completed 50 percent of the CGSC on 15 September 2000.

The applicant provided a copy of his DA Form 1059, which shows that he attended the CGSC (1-250-C3) from 26 November 1997 to 8 February 2001.

On 1 September 2001, the applicant was honorably separated from the WVARNG.

Informal coordination with the staff of the Promotions and Notifications Branch, Office of Reserve Components Promotions, Total Army Personnel Command (PERSCOM) revealed that the applicant was considered, but was not selected, for promotion to lieutenant colonel by the 1999 (8 September 1999) RCSB because he did not meet military education requirements. He was again not selected by the 2000 (6 September 2000) RCSB. Information also revealed that the applicant had not completed 50 percent of the CGSC prior to the convening date of the RCSB, that he had completed 20 years of commissioned service, and
he had to be retired/discharged in accordance with Title 10, United States Code, section 14506.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers. The regulation provides that mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to captain through lieutenant colonel. The regulation provides that in order to be qualified for promotion to lieutenant colonel an individual must have completed 50 percent of the CGSC, 7 years of time in grade (TIG) as a major, and an officer advanced course (OAC) on or before the convening date of the respective promotion board. The regulation also states that an officer who twice fails to be selected for promotion to the next higher grade will be removed from an active status.
Command and General Staff College Nonresident Catalog describes the nonresident educational programs offered by the CGSC. It states that each student is provided a Notice of Enrollment when enrolled in the nonresident course and that this notice indicates the official date of enrollment. Three years from the enrollment date is the end date the student must complete the entire course. It also stated that students must complete all four phases in 36 months and once enrolled, a student has a maximum of 36 months to finish. For planning purposes, students need to have their Phase IV requirements into Nonresident Studies at least 120 days in advance prior to the convening date of their Promotion Board.

Title 10, United States Code (USC), section 14506, states that an officer in the grade of major who twice fails to be selected for promotion to lieutenant colonel will be separated no later than the first day of the month after the month in which the officer completes 20 years of commissioned service.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant was properly considered for promotion by the 1999 and 2000 RCSB’s. He was not selected for promotion and was subsequently removed from the Ready Reserve based on his nonselections.

2. The Board notes that the applicant was previously enrolled in the resident course of CGSC in 1995, and had completed all but one assignment of the Phase 1 through a US Army Reserve School. It was also noted that his military duty assignments and knee surgery necessitated his withdrawal from the course.

3. In 1997, the MILPO of the WVARNG was able to recoordinate the applicant’s re-enrollment in the CGSC. He later completed 50 percent of the CGSC on 15 September 2000, and graduated from CGSC 8 February 2001.

4. The Board acknowledges the evidence provided by the applicant which details his circumstances that arose that prevented him from completing 50 percent of the CGSC prior to the convening date of the RCSB’s. The Board notes that the applicant had not completed 50 percent of the CGSC prior to the convening date of the second RCSB. Therefore, there is no basis to change his CGSC graduation from 8 February 2001 to 1 September 2000.

5. The evidence of record shows that he had completed 20 years of commissioned service instead of 20 years of qualifying service prior to 7 June 2000, and had to be discharged in accordance with Title 10, USC, section 14506.

6. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

7. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__jp___ ___tl___ __be______ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001065911
SUFFIX
RECON
DATE BOARDED	20020521
TYPE OF DISCHARGE
DATE OF DISCHARGE	Active guard
DISCHARGE AUTHORITY	AR active guard
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.