RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           9 November 2004
      DOCKET NUMBER:  AR2004105003


      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. Mark D. Manning               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 promotion reconsideration to captain.

2.  The applicant states that he completed the requirements for his
Bachelor of Science degree in October 2002; however, the degree was not
conferred until   30 November 2002, after the promotion board convened.

3.  The applicant provides his transcripts; a certificate of degree
completion; a status report; a letter to the president of the promotion
board dated 30 October 2002 with a biographical summary; a letter from
Charter Oak State College dated 21 October 2002; and a memorandum dated 17
April 2003.

CONSIDERATION OF EVIDENCE:

1.   The applicant’s military records are not available to the Board.  This
case is being considered using reconstructed records which primarily
consist of the documents provided by the applicant and a Soldier Detail
printout.

2.  After having had prior enlisted service, the applicant was commissioned
a second lieutenant in the Army National Guard on 6 August 1995.  He was
promoted to first lieutenant on 2 October 1997.

3.  The applicant was apparently considered but not selected for promotion
to captain for the first time in 2001.

4.  By letter dated 21 October 2002, the Vice President for Academic
Affairs, Charter Oak State College, informed the president of the 2002
captain promotion board that the applicant had met the requirements for a
Bachelor of Science degree with honors and that the degree would be
conferred on 30 November 2002.

5.  The 2002 Captain Department of the Army Reserve Components Selection
Board convened on 4 November 2002.  By letter dated 17 April 2003, the
applicant was notified that he had not been selected for promotion and, as
a result of his second nonselection, he would have to be discharged not
later than 1 October 2003.

6.  The applicant's DD Form 149 is dated 20 October 2003, at which time he
indicated his status was "mobilized active duty."

7.  Army Regulation 135-155 prescribes policy and procedures used in the
selection and promotion of commissioned officers of the Army National Guard
of the United States and of commissioned and warrant officers of the U. S.
Army Reserve.  Paragraph 2-9 states 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.  It also states that promotion reconsideration may only be
based on erroneous non-consideration or material error which existed in the
records 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, 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.

8.  Title 10, U. S. Code, section 12205 provides that no person may be
appointed to a grade above the grade of first lieutenant in the Army
Reserve or be federally recognized in a grade above the grade of first
lieutenant as a member of the Army National Guard unless that person has
been awarded a baccalaureate degree by a qualifying educational
institution.

9.  In the processing of this case, an advisory opinion was obtained from
the Office of Promotions, Reserve Components, U. S. Army Human Resources
Command.  That office noted that when the applicant's file was considered
by the 2002 Department of the Army Reserve Components Selection Board, he
was not educationally qualified because his degree had not yet been
conferred.  It noted the Board has the authority to grant him a waiver for
the date that the degree was awarded.  If he is granted a waiver for the
date of the degree, he would have a basis to be considered by a special
selection board under the 2002 criteria.  That office recommended that the
applicant's request be approved.

10.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  Regulatory and statutory guidance is that, in order to be selected for
promotion to the Reserve grade of captain, a person must be awarded a
baccalaureate degree from an accredited institution not later than the day
before the selection board convene date.  In this case, the selection board
convened on 4 November 2002.  The applicant had completed the requirements
for the degree on 21 October 2002 and it was only because of the
university's administrative policy that he was not awarded the degree prior
to the convene date of the selection board.

2.  In view of the foregoing, it appears that it would be equitable to
reconsider the applicant for promotion to captain under the 2002 criteria.


BOARD VOTE:

__mdm___  __lds___  __lgh___  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.  showing that he was awarded his baccalaureate degree on 21 October
2002 (but ceremoniously presented his degree on 30 November 2002); and

     b.  submitting his records to a duly constituted special selection
board under 2002 criteria for promotion reconsideration to captain.

2.  That, if selected, his records be further corrected by showing he was
promoted to captain on his date of eligibility as determined by appropriate
officials provided he was otherwise qualified for promotion.

3.  That, if not selected, he be so notified.




            __Mark D. Manning_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004105003                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041109                                |
|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.                      |                                        |


-----------------------
[pic]