RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20040009345


      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. Gale J. Thomas                |     |Analyst              |


      The following members, a quorum, were present:

|     |MR. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 his records be corrected by showing that
his bachelor’s degree from Illinois State University was conferred on 10
August 2002, and that he be reconsidered for promotion to Captain based on
that correction.

2.  The applicant states that his records showed that his Bachelor of
Science degree from Illinois State University was conferred on 14 December
2002, when in fact it was conferred on 10 August 2002.  As a direct result
of this error the promotion board that reviewed his packet to captain
retuned an unfavorable decision believing he did not meet the minimum
educational requirements.

3.  The applicant provides copies of transcripts from Illinois State
University in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the Illinois Army National Guard in
August 1989, and was discharged in July 1991 and transferred to the Reserve
Officer’s Training Corps (ROTC) Control Group and entered the ROTC program
at Illinois State University.  He reenlisted in the Illinois Army National
Guard on 11 July 1991, for a period of 8 years as a cadet.

2.  The applicant accepted a commission in the Illinois Army National Guard
as a second lieutenant on 24 July 1995, and was later promoted to the grade
of first lieutenant.

3.  On 26 March 2002, the applicant was notified that he had been
considered by a Department of the Army Reserve Components Mandatory
Selection Board for Promotion to Captain that had convened on 12 November
2001; however, he had been nonselected for promotion because he had not
completed the required civilian educational requirement prior to the
convening date of the board.

4.  On 10 August 2002, the applicant received a Bachelor of Science degree
in Environmental Health from Illinois State University.

5.  On 17 April 2003, the applicant was notified that he had been
considered by a Department of the Army Reserve Components Selection Board
for Promotion to Captain that convened on 4 November 2002, however he was
not selected for promotion.  His notification did not give a specific
reason for his nonselection.  As a result of his being nonselected for a
second time he was scheduled to be discharged under the provisions of Title
10, United States Code, section 14513, or Army Regulation 140-10, no later
than 1 October 2003.

6.  Orders 090-116, dated 30 March 2003, separated the applicant from the
Army National Guard and the Reserve of the Army, effective 1 October 2003,
as a result of being a two time non-select for promotion to Captain.

7.  The applicant’s Federal Recognition was withdrawn in orders issued on
20 October 2004.

8.  In the processing of this case an Advisory Opinion was obtained from
the National Guard Bureau which recommended that the applicant’s request be
approved and that his records be sent to a Special Selection Board for
consideration under the criteria of the 2002 Captain Promotion Board.  The
opinion noted that Army Regulation 135-155, Chapter 3, paragraph 3-19a
states that officers who were erroneously not considered for promotion
through administrative error may be considered for promotion by either a
Promotion Advisory Board or a Special Selection Board, as appropriate.
Paragraph
3-19e states that one example of material error is if the record
erroneously reflected that an officer was ineligible for selection for
educational reasons.  The applicant was provided a copy of the advisory
opinion and has not responded.

9.  Army Regulation 135-155, states in pertinent part, that effective 1
October 1995, no person may be selected for promotion to the Reserve grade
of Captain unless, not later than the day before the selection board
convene date, that person has been awarded a baccalaureate degree from an
accredited institution recognized by the Secretary of Education.

DISCUSSION AND CONCLUSIONS:

1.  The applicant received a Bachelor of Science degree from Illinois State
University on 10 August 2002 and his records should be corrected to reflect
his civilian educational status.

2.  The applicant completed the civilian educational requirement of having
a baccalaureate degree prior to consideration for promotion by the November
2002 Captain Selection Board.

3.  Although there is no confirmation that the applicant was nonselected a
second time for failure to meet the educational requirement, the fact that
the Advisory
Opinion implies that was the reason for nonselection, his records should be
referred to a special selection board under the criteria of the November
2002 Board.

BOARD VOTE:

__JH____  __TO___  ___PM __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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
showing he received a Bachelor of Science degree on 10 August 2002, and
that his records be reviewed by a Special Selection Board under the
criteria of the 2002 Captain Selection Board.




                                  ______ James Hise________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009345                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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