MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003087930

         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret V. Thompson		Member
Mr. John T. Meixell		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 he be granted a waiver of the educational requirement for completion of the Officer Advanced Course (OAC) and reconsideration for promotion to major.

APPLICANT STATES: That he was promoted to captain on 22 July 1994 while serving with a troop program unit (TPU) Military Intelligence unit. Since that time, he has become a Special Agent with the Drug Enforcement Administration (DEA). He joined the 19th Special Forces Group (Army National Guard) in 1995 and dedicated a great deal of time and energy to that unit over a 6-year period. Furthermore, during the last 8 years he has acquired language skills in Chinese and Thai. In February 2001, he was assigned, with DEA, for 6 months to the U. S. Embassy in Beijing, China. During his time in China, he transferred to the Individual Ready Reserve (IRR) because he felt it was unfair to the 19th Special Forces Group since he was unable to drill. He is currently attending Thai language instruction for an assignment to Bangkok, Thailand as a DEA Special Agent for 3 to 6 years.

The applicant further states that since 1994 he has attended more than 25 professional military and law enforcement schools. Over the last 2 years he has completed about 55 credit hours of phase I of the Military Intelligence OAC and about 30 credit hours of phase I of the Civil Affairs OAC. This was challenging because his civilian employment with the DEA requires him to travel domestically and internationally on a regular basis. He understands that his military education is solely his responsibility and that he has fallen short by not finishing an OAC. However, he believes that he is an asset to the U. S. Army and that his experiences, special abilities, and knowledge make him a well-rounded Army officer.

As supporting evidence, the applicant provides a resume of his civilian, military, and DEA education/training, military assignments and awards, civilian ratings and awards, and miscellaneous information; his Officer Evaluation Reports (OERs) for the periods ending 22 October 1995, 10 August 1996, 10 August 1997, 31 May 1998, 16 May 1999, and 16 March 2001; and about 35 award certificates, training certificates, letters of appreciation, etc. from both the military and DEA.

EVIDENCE OF RECORD: The applicant's military records show:

After having had prior enlisted service, he was commissioned a second lieutenant in the U. S. Army Reserve (USAR) in May 1987. He was promoted to captain with an effective date of rank of 22 July 1994 and a promotion eligibility date of 25 May 1994. He was appointed a captain in the Army National Guard effective 18 April 1995. He was separated from the Army National Guard effective 1 February 2001 and transferred to the USAR Control Group (Reinforcement).
By memorandum dated 26 July 2001, the applicant was notified that he had been considered but not selected for promotion. His records indicated he had not completed the required civilian or military education by the date the board convened (6 March 2001).

By memorandum dated 16 July 2002, the applicant was notified that he had been considered but not selected for promotion. As a result of his second nonselection, he was required to be discharged no later that 1 January 2003.

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 OAC.

Department of the Army Pamphlet 600-3 (Commissioned Officer Development and Career Management) introduces the Captains' Career Course which combines the branch Advance Course and the Combined Arms and Services School. It states that the branch Captains' Career Course prepares company grade officers to command and train at the company, battery, or troop level and to serve as staff officers at battalion and brigade levels. The course is in two phases. The first phase provides advanced branch training and common core instruction. It prepares students to, among other things, establish and maintain a disciplined command climate; execute the unit's assigned missions; command, control, lead, supervise, discipline, train, develop, and mentor subordinate leaders and care for subordinates and their families; plan, supervise and evaluate unit leader training and development and personnel, administration, supply, maintenance, safety, and security actions; and administer the Uniform Code of Military Justice at the company level. The second phase provides staff training. It develops officers to function effectively as staff officers by improving their abilities to analyze and solve military problems, interact as staff members, and broaden their understanding of Army operations, organizations, and procedures. This course is unique in that it provides an officer's first integrated instruction with officers from different branches of the Army.

On 14 August 2003, the U. S. Army Reserve Personnel Command explained that the Reserve OAC is transitioning to the Captains' Career Course. The first phase of the Captains' Career Course consists of two phases -- phase 1 is correspondence and phase 2 is resident attendance -- and is basically the same course of instruction provided by the old OAC. The second phase of the Captains' Career Course also consists of two phases. Again, phase 1 is correspondence and phase 2 is resident attendance and is basically the same course of instruction provided by the old Combined Arms and Services School.

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 all the supporting evidence provided by the applicant and acknowledges that he is well trained, especially in areas dealing with drug enforcement. However, the OAC (or phase 1 of the Captains' Career Course) is designed to provide even further training in military-specific areas at a higher level than he has worked at. It would not be equitable to grant him a waiver of this educational requirement when all other captains are required to complete this course prior to becoming eligible for promotion to major.

3. 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

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

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INDEX

CASE ID	AR2003087930
SUFFIX
RECON
DATE BOARDED	20030819
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	131.00
2.
3.
4.
5.
6.