| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Harry B.Oberg | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, removal of her second non-selection for promotion to major and a waiver of her civilian education requirement for promotion.
APPLICANT STATES: That she did not receive notification or a promotion packet prior to the promotion boards.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed an Army Nurse in the Reserve Components effective 25 May 1989. The address on her appointment memorandum is the same as on her application to the Board. She completed the Officer Basic Course on 19 December 1990 and the Officer Advanced Course on 31 July 1998. She had been promoted to captain effective 23 November 1993. She was assigned to Army Reserve medical units during her entire career and her officer evaluation reports contain the same home address as her application to the Board.
She was not selected for promotion to major by the 2000 and 2001 Army Medical Department (AMEDD) Reserve Components Selection Boards (RCSB). She was discharged effective 1 February 2002. Her records did not indicate that she had completed the required civilian education prior to the convening dates of each board. Her first notice of non-selection for promotion to major, dated 24 July 2000, is present in her records.
In the processing of this case an advisory opinion was provided by the Office of Promotions, Reserve Components, Total Army Personnel Command. The opinion noted that the applicant had not completed the required civilian education (Bachelor of Science in Nursing) prior to the convening dates of the promotion boards and was not eligible for selection. The opinion also notes that, regardless of the home address on file, promotion board notifications are announced through the unit chain of command to appropriate individuals.
In her rebuttal to the advisory opinion, the applicant acknowledges that she is still in the process of completing her required civilian education for promotion and requests a waiver of the time limit so she may continue her career in the Army Reserve.
Army Regulation 135-155 provides the policy for promotion of Reserve Component officers. It provides, in pertinent part, that the educational requirements for promotion to major must be met no later than the date the selection board convenes. Among the educational requirements listed in the regulation is the requirement for Army Nurse Corps officers to complete a baccalaureate degree in nursing prior to promotion to major. There are no waiver provisions provided in the regulation.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The applicant knew, or should have known, that she must complete the educational requirements for promotion to major prior to the board convening dates. She had been an Army Nurse since 25 May 1989, serving in Army Reserve medical units.
2. The applicant had 10 years from her date of appointment to complete her prerequisites for promotion. There are no provisions for waivers of these requirements. She was discharged in accordance with law and regulation.
3. Implicit in the Army's promotion system is the universally accepted principal that officers have a responsibility for their own careers. The general requirements and workings of the system are widely known and specific details such as selection board dates, eligibility requirements, and promotion zones are widely published in official and quasi-official publications and official communications.
4. 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
__fe____ ___rd___ ___ra___ DENY APPLICATION
| CASE ID | AR2002066772 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020611 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.03 |
| 2. | 131.10 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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