RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2004
         DOCKET NUMBER: AR2003090614


         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
Ms. Stephanie Thompkins		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. William D. Powers		Member
Mr. Allen L. Raub		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).


1. The applicant requests, in effect, a military education waiver for the Command and General Staff Officers Course (CGSOC) and promotion reconsideration to lieutenant colonel (LTC) under the 2002 criteria.

2. The applicant submits a letter of explanation dated 10 May 2003, wherein he states that he turned in all requirements for promotion to LTC in a timely manner, but due to delays in the grading system of the CGSOC he was unable to receive his 50 percent completion certificate in a timely manner disqualifying him in the eyes of the promotion board. He enrolled in the CGSOC in August/September of 2001 and was activated on 11 September 2001. Because of his duties, soldier readiness processes, and mobilizations he was often gone from his home of record (HOR) for 3-4 weeks at a time. All of his correspondence goes to his HOR and he was unable to get his mail due to being deployed. Also, during that time he was unaware that due to mobilization of instructors at the CGSOC, the time lag for return of graded documents was greatly increased. He did not get word that he needed to rewrite his unit training assessment until 21 December 2002, after coming back from a mobilization.

3. The applicant also states that the suspense for the rewrite was 18 September 2002. He resubmitted the rewrite on 24 February 2003 and received a passing confirmation on his paper at his HOR on 4 April 2003, graded by a different instructor. Therefore, he respectfully requests the opportunity for a relook due to his current assignments, his time away from his HOR, and the time lag for graded requirements to be returned from the CGSOC due to their instructor shortages.

4. The applicant provides copies of his Personnel Qualification Record, his 50 percent completion certificate, his unit training assessment cover sheet, electronic mail correspondence from the CGSOC school, his priority mail and return mail receipts, and his mailing envelopes for the writing assignment and retests.

CONSIDERATION OF EVIDENCE:

1. The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 23 May 1981.

2. The applicant was ordered to active duty effective 22 February 1982. He was promoted to first lieutenant effective 27 November 1982.




3. He was separated from active duty effective 31 June 1984 and transferred to the USAR Control Group (Reinforcement). He was promoted to captain effective 1 June 1985.

4. He was appointed in the Texas Army National Guard effective 2 August 1986. He was promoted to major effective 1 February 1995.

5. The records show the applicant received officer evaluation reports (OER) for the period 1 February 1995 through 31 August 1995 and 1 September 1995 through 31 August 1996. In those OER's, the rated stated, "the applicant should complete CGSOC immediately."

6. The applicant's records also show an OER for the period 1 September 1996 through 30 June 1997. In this OER, the rated stated, "the applicant will complete CGSOC by December 1998."

7. The applicant's records further show OER's for the period 30 April 1999 through 29 April 2000 and 30 April 2000 through 29 April 2001. In those OER's the rater stated, "the applicant has enrolled in CGSOC and is working toward qualification for next promotion."

8. The applicant was considered and not selected for promotion to LTC by the 2001 and 2002 Reserve Components Selections Boards (RCSB), which convened 5 September 2001 and 4 September 2002, respectively.

9. The applicant was notified on 22 April 2003, that he had completed 50 percent of the CGSOC. Based on his two non-selections he was discharged from the Reserve effective 1 August 2003.

10. The electronic mail correspondence and mail receipts provided by the applicant show his progress in the course with grades.

11. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the officer was considered for promotion to LTC by the 2001 and 2002 RCSB's and not recommended because his records did not contain evidence that he had completed 50 percent of the CGSOC. The officer is a member of the National Guard. Coordination with the National Guard Bureau revealed that he could have attended the course as a captain provided the state had funds. He was promoted to captain on 1 June 1985 and completed an advanced course on 16 May 1987. Therefore, he had over 13 years to complete the education but he did not even enroll in the course until he received notification that he was being considered for promotion to LTC. In view of this information, he recommended the application be denied.

12. The opinion was forwarded to the applicant for acknowledgement/rebuttal on 14 July 2003. He did not respond.

13. Army Regulation 135-155 specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or material, which existed in the record at the time of consideration. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. The regulation provides that boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military schooling.

14. The regulation also specifies that 50 percent completion of the CGSOC is required for promotion to LTC on or before the convening date of the respective board.

DISCUSSION AND CONCLUSIONS :

1. In view of the circumstances in this case, the applicant is not entitled to a military education waiver for the CGSOC and promotion reconsideration to LTC under the 2002 criteria. He has not shown error, injustice, or inequity for the relief he now requests.

2. The applicant’s contentions that due to his duties, soldier readiness processes and mobilizations, often being gone from his HOR for 3-4 weeks at a time and notification delays for his rewrite have been noted. However, the applicant was advised as early as 1995 that he should complete the CGSOC immediately. In 1998, his OER stated that he would complete the CGSOC in December 1998 and OER's in 1999, 2000 and 2001 stated he was enrolled in the CGSOC and working toward qualification for promotion. The applicant has not satisfactorily shown that extenuating circumstances prevented him from completing 50 percent of the CGSOC as early as 1998, 1999, or 2000, which was ample time before he could expect promotion consideration to LTC and in advance of the 2001 and 2002 RCSB's. Therefore, the applicant is not entitled to the relief he is now requesting.

3. Based on the fact that the applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion. He is also not entitled to promotion reconsideration to LTC under the 2002 criteria. The requirement for 50 percent completion of CGSOC is a long-standing requirement for promotion to LTC. He had no reasonable expectation of immediate grading and mailing of his course work based on his last minute scheduling.

4. Implicit in the Army's promotion system is the universally accepted and frequently discussed principle 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 RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications. Given that the applicant became a captain in 1985 and major in 1995 and that he had to be considered by an RCSB so that, if selected, he could be promoted by the time he had served 7 years in each grade, the applicant knew, or should have known, that he would be considered for promotion to LTC by an RCSB as early as 2001 and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__mp___ __wp___ ___ar__ DENY APPLICATION


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.





                  ____Margaret K. Patterson___
                  CHAIRPERSON

---

INDEX

CASE ID	AR2003090614
SUFFIX
RECON
DATE BOARDED	20040115
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	131.00
2.	131.01
3.
4.
5.
6.