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ARMY | BCMR | CY2005 | 20050000004C070206
Original file (20050000004C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 September 2005
      DOCKET NUMBER:  AR20050000004


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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, in effect, a military education waiver and
reconsideration for promotion to lieutenant colonel (LTC) by a Special
Selection Board (SSB).

2.  The applicant states, in effect, that she enrolled in the Command and
General Staff Course (CGSC) in October 2002.  In November 2002, she
volunteered for a Global War on Terrorism (GWOT) mobilization at Fort
Bragg, North Carolina.  Subsequently, due to confusion on where and what
course she could attend, and later based on delays due to a return to
civilian employment to her GWOT mobilization, she was unable to complete
the required percentage of the CGSC until July 2004.  Ultimately, she
completed 50 percent of the course work on 9 November 2004.

3.  The applicant provides the following documents in support of her
application:  Mobilization Orders; E-Mail Messages with CGSC Trainers; 50%
Completion Certificate; Certified Senior Industrial Technologist (CSIT)
Certificate; and Master of Business Administration Degree Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record confirms that she was considered and not
selected for promotion to LTC by the 2004 Reserve Component Selection Board
(RCSB) because she had not satisfied the military education requirements
for promotion.

2.  The applicant’s record also confirms she completed 50% percent of the
CGSC as of 9 November 2004.

3.  In connection with the processing of this case an advisory opinion was
obtained from the Chief, Special Actions Branch, Office of Promotions,
Reserve Components (RC), Human Resources Command (HRC), St. Louis,
Missouri.  This RC promotion official confirms that the applicant was
considered and not selected for promotion to LTC by the 2004 RCSB because
she had not completed the military education requirement.  This official
further stated that based on the information provided by the applicant, his
office would support granting the applicant an education waiver and
reconsideration for promotion by a SSB.

4.  The applicant was provided a copy of the HRC advisory opinion and
concurred with its contents on 12 April 2005.
5.  Army Regulation 135-155 prescribes policy and procedures used for
selecting and promoting commissioned officers of the Army National Guard of
the United States (ARNGUS) and of commissioned and warrant officers (WO) of
the U.S. Army Reserve (USAR).  Paragraph 2-8 contains military education
requirements for promotion.  It states, in pertinent part, that to qualify
for selection, commissioned officers must complete the military educational
requirements not later than the day before the selection board convene
date.  It further indicates that the military education requirement that
must be completed to qualify for promotion to LTC is fifty percent of the
CGSC.  Paragraph 2-15 provides provisions for waivers of the military
education requirement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s mobilization and other mitigating factors were
carefully considered.  In view of her circumstances, and given the
favorable recommendation of HRC-RC promotion officials, it would be
appropriate to correct the applicant’s record to show she was granted a
waiver of the military education requirement prior to the convening date of
the 2004 LTC RCSB.

2.  Further, based on the military education waiver outlined in the
preceding paragraph, it would also be appropriate for the applicant to be
reconsidered for promotion to LTC by a SSB using the criteria used by the
2004 LTC RCSB.  If the applicant is selected for promotion by the SSB, it
would also be appropriate to promote her effective the date she would have
been promoted had she been originally selected by the 2004 RCSB, and to
provide her any back pay and allowances due as a result.

BOARD VOTE:

___JNS _  __ENA __  __CAK__  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:


      a.   showing she was granted a waiver of the military education
requirement for promotion to lieutenant colonel prior to the convening date
of the 2004 Reserve Component Selection Board;


      b.  referring her record to a Special Selection Board for promotion
reconsideration to lieutenant colonel under the criteria used by the 2004
Reserve Component Selection Board; and


      c.  if selected for promotion by the Special Selection Board, by
establishing her promotion effective date and date of rank on the date she
would have been promoted if originally selected by the 2004 RCSB, and by
providing her any back pay and allowances due as a result.




            ___John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000004                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  310  |131.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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