SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 September 2004
DOCKET NUMBER: AR20040006444
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 24 February 2004 were affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Luis Almodova | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated 24 February 2004.
| |Mr. Luther L. Santiful | |Chairperson |
| |Mr. John T. Meixell | |Member |
| |Ms. Marla J. N. Troup | |Member |
The Board considered the following additional evidence:
Exhibit C – Record of Proceedings dated 24 February 2004
CONSIDERATION OF ADDITIONAL EVIDENCE:
10. On 28 July 2004 new information was received from the applicant in
regard to the decision of the Army Board for Correction of Military Records
(ABCMR) in Docket Number AR2003091729, dated 24 February 2004.
11. The evidence submitted consists of a request that his original
application to the ABCMR be amended to read that he also desires a waiver
of military education for consideration for a Special Selection Board
(SSB).
12. A representative of the Office of Promotions, Reserve Components,
Promotions Branch, Special Actions, Human Resources Command-St. Louis,
confirmed that without a waiver of the military education requirement, the
applicant was not eligible to have his records submitted to a SSB despite
the removal of the record of the applicant's nonselection for promotion to
major in 1997.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
7. At the time of the decision of the ABCMR in Docket Number AR2003091729,
dated 24 February 2004, it was the intent of the ABCMR to make the
applicant’s record as administratively correct as it should properly have
been at the time.
8. The ABCMR's decision in Docket Number AR2003091729, failed to identify
that a waiver of the military education requirement was necessary to fully
qualify the applicant to have his records presented to a Special Selection
Board.
9. The applicant was appointed in the Reserve as a Second Lieutenant on
10 December 1982. He was promoted to Captain on 26 March 1991. Based on
the required 7 years time in grade for promotion to major, his promotion
eligibility date (PED) was 25 March 1998.
10. The applicant sought to clarify, from personnel officials in his unit
and in the office of the State Adjutant General, if he was being considered
by the board for promotion to major in 1997; however, he was misled in
believing that he was not to be considered for promotion until 1998 and
therefore completion of an advance course was less of a priority.
11. The applicant completed the Armor Officer Advance Course on 2 July
1998.
12. He was considered but not selected for promotion to major by the 1997
Reserve Components Selection Board that convened on 11 March 1997. The
board did not divulge the reason(s) for his nonselection except that it was
not for a lack of military education.
13. AR 135-155, specifies that to qualify for selection, commissioned
officers (other than commissioned warrant officers) must complete the
military educational requirements, in Table 2-2, not later than the day
before the selection board convene date.
14. Since the record of the applicant's nonselection to major in 1997 was
removed, it would be in the interest of justice that the applicant be given
a waiver of the military education requirement so that his records can be
submitted to a SSB.
BOARD VOTE:
__lls___ __jtm___ __mjnt___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
6. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR2003091729, dated 24 February
204, to show that the applicant has been granted a waiver of the military
education requirement for promotion to major.
Luther L. Santiful
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040006444 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20040916 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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