Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003090552C070212
Original file (2003090552C070212.rtf) Auto-classification: Denied




RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 13, 2004
         DOCKET NUMBER: AR2003090552


         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. Jessie B. Strickland Analyst


The following members, a quorum, were present:

Ms. Lana E. McGlynn Chairperson
Mr. Patrick H. McGann Member
Mr. Roger W. Able 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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:


1. The applicant requests, in effect, that he be granted a retroactive waiver of the baccalaureate degree completion requirement and that his date of rank (DOR) for promotion to the rank of captain be changed from 1 March 2003 to 1 July 2002.

2. The applicant states, in effect, that he was improperly informed that there was no waiver of the requirement to have a baccalaureate degree before he could be promoted to the rank of captain and therefore was unable to submit such a waiver. However, he subsequently discovered that there was a waiver and that he should have been able to apply for such a waiver. He goes on to state that because he was misinformed, he was not promoted until 1 March 2003, 8 months later than he should have been, had he been granted a waiver.

CONSIDERATION OF EVIDENCE:

1. He enlisted on 16 May 1989 and served through a series of continuous reenlistments until he was honorably discharged in the pay grade of E-6 on 15 December 1998, upon graduation from officer candidate school (OCS), to accept a United States Army Reserve (USAR) appointment as a second lieutenant (2LT), with a concurrent call to active duty.

2. He was appointed as a USAR 2LT on 16 December 1998 and was detailed as an engineer officer. He was promoted to the rank of first lieutenant on 16 June 2000. He was selected for promotion to the rank of captain by the Fiscal Year (FY) 2002, Captain Army Promotion Selection Board with a promotion eligibility date of 1 July 2002.

3. On 6 January 2002, the applicant was enrolled in a full-time degree completion program in Fayetteville, North Carolina, to complete his baccalaureate degree. However, he did not complete his degree until 28 February 2003, and thus was not promoted to the rank of captain until 1 March 2003.

4. In the processing of this application an advisory opinion was provided by the Total Army Personnel Command (PERSCOM) Promotions Branch, which opined that the applicant had been promoted immediately after completing his degree requirements and that there was no waiver authority in force during the period the applicant contends that he should have been granted a waiver. Furthermore, since he had obtained his degree, the waiver did not apply to him. The opinion was provided to the applicant for rebuttal or concurrence and to date, the Board has only received a request for a 30-day extension dated 21 August 2003.


DISCUSSION AND CONCLUSIONS :

1. The Board has noted the applicant's contention that he should have been afforded the opportunity to request a waiver and finds it to be without merit. During, the period in question, there was no waiver authority in effect. The previous waiver authority expired on 30 September 2001, prior to his consideration for promotion and another waiver authority did not go into effect until March 2003, when he was actually promoted. By that time he had completed his degree requirements and was no longer eligible for a waiver.

2. 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.

3. Accordingly, the evidence of record shows that he was properly promoted to the rank of captain on 1 March 2003, the day after he completed his degree requirements necessary to accept such a promotion.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

phm ____ lem _____ rwm _____ DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ___Lana E. McGlynn___
                  CHAIRPERSON




INDEX

CASE ID AR2003090552
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20040113
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1.131.0500 315/DOR
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2006 | 20060017761C071029

    Original file (20060017761C071029.doc) Auto-classification: Approved

    The advisory opinion noted that the applicant’s promotion eligibility date (PED) to 1LT was 30 June 2003. The applicant did not file within the 3- year statute of limitations; however, based on the available evidence and argument, it would be in the interest of justice to excuse failure to timely file in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she was promoted to first lieutenant with an...

  • ARMY | BCMR | CY2003 | 2003091294C070212

    Original file (2003091294C070212.doc) Auto-classification: Approved

    The National Defense Authorization Act for Fiscal Year 2002 reinstated the waiver, but the applicant did not find out about it until after he was promoted on 1 October 2002. In the processing of this case, an advisory opinion was obtained from the Promotions Branch, US Total Army Personnel Command (PERSCOM) which states, in essence, that there was no waiver authority in effect at the time of the applicant's promotion eligibility to Captain. It would appear that the intent of Congress was...

  • ARMY | BCMR | CY2007 | 20070005230

    Original file (20070005230.txt) Auto-classification: Approved

    A memorandum for Army National Guard Personnel Center, United States Army Personnel Command, dated 27 January 1995, stated that the applicant was eligible for promotion to captain effective 23 June 1995; and that he was extended Federal recognition in this grade effective 16 December 1994. It stated that the applicant was transferred to a captain's position effective 1 April 1996. In the applicant's case, he was not assigned to a captain's position until 1 April 1996.

  • ARMY | BCMR | CY2008 | AR20080015632

    Original file (AR20080015632.txt) Auto-classification: Approved

    If the applicant had already completed his degree requirements he would have been promoted on 1 October 2002, his Promotion Eligibility Date (PED). It was also noted that officers commissioned through OCS are briefed on the requirement to complete their degree before being eligible for promotion to captain but they are not notified individually to submit a waiver for the education requirement prior to the captain’s board. As a result, the Board recommends that all Department of the Army...

  • ARMY | BCMR | CY2008 | 20080018300

    Original file (20080018300.txt) Auto-classification: Denied

    The waiver stipulated that it was granted for promotion consideration only and that the applicant must complete the required education in order to be promoted. This official further stated that the applicant's waiver was granted for promotion consideration only and stipulated that the applicant was required to complete the civilian education requirement not later than 24 October 2007 in order to be promoted. The evidence of record confirms that although the applicant was granted a civilian...

  • ARMY | BCMR | CY2002 | 2002080392C070215

    Original file (2002080392C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that he be granted constructive credit for his date of rank (DOR) as a second lieutenant (2LT). He was assigned to the USAR Control Group (Officer Active Duty Obligor (OADO)) in the Medical Service Corps and was granted an educational delay to attend physician assistant school.

  • ARMY | BCMR | CY2002 | 2002074559C070403

    Original file (2002074559C070403.rtf) Auto-classification: Approved

    It indicates that the applicant is entitled to an additional 4 years and 5 days of constructive credit based on his prior commissioned service between 1988 and 1996. The USAREC opinion finally includes a recommendation that the applicant receive a total of 5 years, 9 months, and 7 days of constructive credit instead of the 1 year, 9 months, and 23 days he was previously awarded by his 29 May 1998 appointment memorandum. It also authorizes an entry grade of 1LT, which requires 3 years of...

  • ARMY | BCMR | CY2003 | 2003080111C070212

    Original file (2003080111C070212.rtf) Auto-classification: Approved

    The applicant requests, in effect, waiver of his military education requirement for promotion to major and appearance before a Special Selection Board (SSB). The evidence of record shows the applicant completed all requirements for his baccalaureate degree four months prior to the March 2001 RCSB; however, Excelsior University failed to confer the applicant's degree prior to the convening date of the March 2001 RCSB. As a result, the Board recommends that all Department of the Army records...

  • ARMY | BCMR | CY2005 | 20050011134C070206

    Original file (20050011134C070206.doc) Auto-classification: Approved

    Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), effective 1 September 1994, paragraph 4-17 stated a qualified 1LT would not be promoted before the date of completion of 3 years of promotion service with two specified exceptions (neither of which applied to the applicant). Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) provides policy for selecting and promoting...

  • ARMY | BCMR | CY2007 | 20070012724

    Original file (20070012724.txt) Auto-classification: Denied

    The applicant provides a memorandum, dated 23 September 1999, which appointed him as a Reserve commissioned officer of the Army; two DD Forms 214 (Certificate of Release or Discharge from Active Duty) which covered his active duty service from 11 September 1999 to 15 December 1999 and from 16 January 2003 to 23 May 2004; certificates awarding him the Air Medal and the Bronze Star Medal; a memorandum, dated 2 February 2006, which informed the applicant that he was selected for promotion to...