RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 May 2005
      DOCKET NUMBER:  AR20040006707


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred N. Eichorn               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      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 that he be granted a waiver of the military
education requirement of having completed 50 percent of the Command and
General Staff Officer Course (CGSOC) applicable to the September 2001 Army
Reserve Lieutenant Colonel (LTC) promotion board.

2.  The applicant states that he received a corrected date of rank for
promotion to major (MAJ) of 5 May 1995 effective 11 April 2003.  He was
notified in July 2004 that he would be considered by a special selection
board (SSB) for promotion to LTC under the 2001 criteria.  His recent
backdating of eligibility precludes his ability to have possessed a waiver
for the required military education requirement.

3.  The applicant provides an email dated 26 July 2004 and his MAJ
promotion memorandum.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned a second lieutenant in May 1983 and
entered active duty.  He accepted an appointment in the Regular Army in
December 1983.  He was promoted to captain effective 1 December 1987.

2.  The applicant completed the Combined Arms and Services Staff School on
 14 December 1989.

3.  The applicant was released from active duty on 1 August 1993 under the
early release program and accepted an appointment as a captain in the U. S.
Army Reserve.

4.  Effective 11 April 2003, the applicant was promoted to Reserve MAJ with
a date of rank of 5 May 1995.  With that date of rank, he would have been
eligible for consideration for promotion to LTC by the selection board that
convened on    5 September 2001.

5.  In the processing of this case, an advisory opinion was obtained from
the Office of Promotions, Reserve Components, U. S. Army Human Resources
Command – St. Louis.  That office noted that, since the applicant had not
completed 50 percent of CGSOC, he would not be considered educationally
qualified for promotion to LTC.  That office stated that Army Regulation
135-155, paragraph 2-15 states that if an education waiver is granted the
applicant would be given 18 months to complete the required military
education from the approval date of the board.  Therefore, an education
waiver would not benefit the applicant due to his date of rank being the
completion date of the course under 2001 criteria.  That would be a gap of
a period of at least 5 years.  (Example:  criteria year 2001, course
completed 2005, date of rank would be 2005).  Therefore, that office
recommended denial of the education waiver.

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He did not respond within the given time frame.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers), Table 2-2 states that, to be
promoted to LTC, an officer must have completed 50 percent of the CGSOC.
Paragraph      2-15b states that the Office of Promotions, Reserve
Components, U. S. Army Human Resources Command – St. Louis is the approval
authority for all requests for exception to nonstatutory promotion
requirements.

8.  Army Regulation 135-155, paragraph 2-15a(4) states that officers who
completed the Combined Arms and Services Staff School or Reserve Combined
Arms and Services Staff School after 1 November 1984 and before 1 September
1989 are considered to have met the educational requirement for promotion
to LTC.

9.  Department of the Army Pamphlet 600-3 (Commissioned Officer Development
and Career Management), paragraph 4-6 (Military Schools), subparagraph d
states that, to be eligible for selection to attend a Command and Staff
College (e.g., CGSOC), officers must be promotable captains or higher and
have less than 14 years of Active Federal Commissioned Service as of the
date the selection board convenes.

DISCUSSION AND CONCLUSIONS:

1.  The Board notes the advisory opinion's objection to granting the
applicant an education waiver for not completing CGSOC.  However, it also
notes that the applicant could not possibly have completed any portion of
CGSOC prior to the convene date of the 2001 LTC promotion selection board.
Even though he was awarded a date of rank to major of 5 May 1995, he was
not selected for promotion until April 2003.  He could not have even been
considered for attendance at CGSOC until April 2003, 2 years after the
convene date of the board.

2.  Nevertheless, it is further noted that the applicant completed the
Combined Arms and Services Staff School on 14 December 1989.  Officers who
completed the Combined Arms and Services Staff School after 1 November 1984
and before 1 September 1989 are considered to have met the educational
requirement for promotion to LTC.  Correction of his records to show he
completed the Combined Arms and Services Staff School on 31 August 1989
would make him educationally qualified for promotion to LTC.

BOARD VOTE:

__fne___  __lds___  __mjf___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by:

     a.  correcting his records to show he completed the Combined Arms and
Services Staff School on 31 August 1989; and

     b.  following administrative implementation of the foregoing, his
records be submitted to a duly constituted SSB for consideration for
promotion to LTC under the 2001 and, if necessary, later criteria.

2.  If he is selected for promotion his records be further corrected by
promoting him to LTC and assigning the appropriate date of rank.

3.  That if he is not selected for promotion, he be notified accordingly.




            __Fred N. Eichorn_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006707                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050512                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |131.11                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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