RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 October 2005
      DOCKET NUMBER:  AR20050002227


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 his file was erroneously omitted
from the 2003 and 2004 Department of Army (DA) LTC Reserve Component
Selection Board (RCSB) by the Human Resource Command-St. Louis, based on
not meeting the education requirement.  He states that he did not receive
prior notification of his eligibility for consideration by the 2003 and
2004 DA LTC RCSB so that he could correct, update, or complete his records
to show that he met the necessary requirements.

3.  The applicant provides the following in support of his application:
United States Army Human Resources Command (HRC)-St. Louis, Office of
Promotions Letter, dated 21 December 2004; HRC-St. Louis Memorandum; and
Command and General Staff Officer Course (CGSC) 50% Completion Letter,
dated
9 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record confirms his file was inadvertently omitted from
consideration for promotion to LTC by the 2003 and 2004 DA LTC RCSBs.

2.  The applicant’s record also confirms he 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), HRC-St. Louis.  This RC promotion official
confirms the applicant was in the zone for consideration for promotion to
LTC by the 2003 and 2004 DA LTC RCSB, and was inadvertently omitted from
consideration.  He further indicates the applicant did not meet the
military education requirement for promotion until 9 November 2004.  This
official further stated that based on the information provided by the
applicant and a review of his record, his office would support granting the
applicant a military 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 25 June 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 contention that he was not given an opportunity to
correct, update or complete his records prior to the 2003 and 2004 LTC DA
RCSB and other mitigating factors were carefully considered.  In view of
his circumstances, and given the favorable recommendation of HRC-RC
promotion officials, it would be appropriate to correct the applicant’s
record to show he was granted a waiver of the military education
requirement prior to the convening date of the 2003 and 2004 LTC RCSBs.

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
2003 and 2004 LTC DA RCSB.  If the applicant is selected for promotion by
the SSB, it would be appropriate to promote him effective and with a date
of rank of 9 November 2004, the date he completed the military education
requirement, and to provide him all back pay and allowances due as a
result.

BOARD VOTE:

___JTM _  __JBG_ _  __JRM __  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 he was granted a waiver of the military education
requirement for promotion consideration to LTC prior to the convening date
of the 2003 and 2004 DA LTC RCSBs;


      b.  referring his record to a SSB for promotion reconsideration to LTC
under the criteria used by the 2003 and 2004 DA LTC RCSBs; and


      c.  if selected for promotion by the SSB, by establishing his
promotion effective date and date of rank as 9 November 2004, and providing
him all back pay and allowances dues as a result.




            ____John T. Meixell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002227                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-10-20                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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