| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret V. Thompson | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: In effect, that she be reinstated in the U. S. Army Reserve (USAR).
APPLICANT STATES: That due to her personal family situation, she was unable to pursue the education requirements required to be promoted to major. She provides her application for [re]appointment packet; a letter from her Representative in Congress; and a letter from the commander of the 2d Battalion, 3d Brigade, 84th Division as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
She entered active duty as a Regular Army second lieutenant after graduating from the U. S. Military Academy on 22 May 1985. She was promoted to captain on 1 October 1989. She was honorably separated on 23 May 1990 after submitting an unqualified resignation. She was appointed a first lieutenant in the USAR on 23 May 1990. She was promoted to captain in the USAR on an unknown date.
By memorandum dated 6 June 1997, the applicant was notified that she had been considered but not selected for promotion. Her records indicated she had not completed the required civilian or military education (apparently the Officer Advanced Course) by the date the board convened (11 March 1997).
Apparently, the applicant was not selected for promotion a second time. She was discharged from the USAR effective 19 February 1999.
Army Regulation 135-155 prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States and commissioned and warrant officers of the USAR. Table 2-1 states that service requirements for promotion from captain to major by a mandatory board are 7 years in the lower grade. In pertinent part, it states that, to qualify for selection, commissioned officers must complete the educational requirements in table 2-2 not later than the date the selection board convenes. Table 2-2 states that to qualify for promotion from captain to major the officer must complete any Officer Advanced Course.
Army Regulation 135-175 prescribes the policies and criteria governing the separation of Reserve officers of the Army. In pertinent part, it states that an officer in the grade of first lieutenant, captain, or major, who has completed his or her statutory military service obligation, will be discharged for failure to be selected for promotion after second consideration by a Department of the Army Reserve Components selection board.
Army Regulation 135-100 provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army. In pertinent part it states that commissioned officers twice passed over for promotion or otherwise released from active duty or active status are not eligible for appointment. Individuals in this category are eligible to apply for appointment as a USAR warrant officer if otherwise qualified.
Title 10, U. S. Code, section 14505 states that a captain on the reserve active-status list of the Army, who has failed of selection for promotion to the next higher grade for the second time and who has not been selected for continuation on the reserve active-status list, shall be separated in accordance with section 14513 of this title not later than the first day of the 7th month after the month in which the President approves the report of the board which considered the officer for the second time.
Title 10, U. S. Code, section 14513 states that each reserve officer of the Army who is in an active status and whose removal from an active status or from a reserve active-status list is required by section 14505 shall (1) be transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be required to meet the mobilization needs of the officer's armed force; (2) be transferred to the Retired Reserve, if the officer is qualified and applies for such transfer; or (3) if the officer is not transferred to an inactive status or to the Retired Reserve, be discharged form the officer's reserve appointment.
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. 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.
2. The Board has considered the circumstances behind the applicant failing to complete the required education to qualify for promotion to major. However, it appears that at the time of her second nonselection for promotion to major the Secretary did not determine that she had skills which could be required to meet mobilization needs. Regardless of whether she now has such skills, since she did not meet the criteria for transfer to an inactive status or transfer to the Retired Reserve at the time, she was required by statute to be discharged from her reserve appointment.
3. It would not be equitable to grant the applicant a waiver of the education requirement (presumably completion of an Officer Advanced Course) when all other captains are required to complete the same educational requirements prior to becoming eligible for promotion to major. The Board concludes that neither would it be equitable to reinstate the applicant in the USAR when, by regulation, being twice nonselected for promotion to the next higher grade makes one ineligible for appointment in the USAR.
4. Regrettably, 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
__fne___ __mvt___ __jtm___ DENY APPLICATION
| CASE ID | AR2003086624 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030819 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 102.09 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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