RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 December 2005
      DOCKET NUMBER:  AR20050002736


      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. Prevolia A. Harper            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 military education waiver
and promotion reconsideration to captain by a special selection board
(SSB).

2.  The applicant states that he was not selected for promotion and is
scheduled to be separated from the United States Army Reserve (USAR) due to
his failure to meet educational requirements for the second captain
promotion board.

3.  The applicant further states that he would have completed all
graduating requirements in May 2003 prior to the convening of the Captain
Promotion Board; however, his education was interrupted in the fall
semester in 2002 due to mobilization for Operation Iraqi Freedom.

4.  The applicant argues that as a result of his mobilization, he was
unable to complete coursework for the fall 2002 semester and spring/summer
terms which were key to completing his degree on time to meet the 2003
promotion board requirements.

5.  The applicant provides:

      a.  A copy of Orders Number 2-361-00027, Headquarters, 99th Regional
Support Command, Corapolis, Pennsylvania, dated 27 December 2002.

      b.  Orders Number 059627, 99th Regional Support Command, dated
17 June 2003.

      c.  Orders Number M-364-0002, Headquarters, 99th Regional Support
Command, dated 30 December 2002.

      d.  Orders Number 063351, 99th Regional Support Command, dated 8 July
2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant in the Maryland
Army National Guard (MARNG) on 15 August 1996.  The applicant accepted a
commission in the United States Army Reserve (USAR) on 25 November 1998.

2.  There is no letter in the available records which show the applicant
was notified that he had been considered but not selected for promotion to
captain.

3.  Orders Number M-364-0002, Headquarters, 99th Regional Support Command,
dated 30 December 2002 ordered the applicant to active duty for a period of
365 days as a member of the USAR for mobilization in support of Operation
Enduring Freedom.

4.  The applicant was considered for promotion to captain by the 2002 and
2003 Department of the Army Reserve Components Selection Board (DA RCSB).
He had not completed his educational requirements at that time.

5.  The applicant provided a copy of his college credits from the
University of Baltimore, Office of the Registrar.  This document confirms
that the applicant was enrolled in 3 courses at the University of Baltimore
in the Fall of 2002.  However, transcripts show he only completed one of
the three courses for the semester.

6.  In the processing of this case, an advisory opinion was obtained from
the Chief, Promotions Branch, Office of Promotions, Reserve Components, U.
S. Army Human Resources Command – St. Louis.  The advisory opinion stated
that the applicant had not completed his educational requirement when he
was considered for promotion by the captain 2002 and 2003 Reserve
Components Selection Boards (RCSB).  The opinion noted that prior to
consideration by the 2003 Selection Board the applicant was mobilized on 27
December 2002 and returned to Reserve status in June 2003.  The opinion
also noted that the applicant had completed an associate degree in May
1996.

7.  The advisory opinion also stated that the applicant submitted no
documentation to verify that he was enrolled and pursuing a baccalaureate
degree when mobilized and recommended that his request be disapproved.  The
opinion noted that if the applicant provides verification that he was
pursuing his degree when he was mobilized, that his request will be
reevaluated for a waiver for the baccalaureate degree and promotion
consideration by a Special Selection Board (SSB) under the 2003 criteria.

8.  The applicant submitted a rebuttal response to the advisory opinion.
He stated, in part, that he had been enrolled in a degree seeking program
at the University of Phoenix since 1997 and after missing selection to
promotion in 2002, he realized that he needed an alternate way to satisfy
his educational requirement.

9.  The applicant stated that he was enrolled in 3 classes at the
University of Baltimore.  He explained that upon mobilization he was only
able to complete the final examination requirements for one of the classes
which he passed.  He further explained that he was unable to complete the
final requirements for the other two classes due to his departure to Fort
Dix, New Jersey as a member of the 300th Chemical Company Advanced Party
and since he was the Executive Officer, he was required to be on the ground
at Fort Dix ahead of the other Soldiers.

10.  The applicant further noted that when he returned home he did not
resume classes until 2004.  He contends that he only required 19 credits in
2002 to graduate and successful completion of classes in the fall 2002 and
spring
2003 would have given him what he needed to have graduated prior to the
2003 Promotion Board.

11.  Army Regulation 135-155 specifies that promotion reconsideration by an
SSB may only be based on erroneous non-consideration or material error
which existed in the record 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 that had such error(s) been corrected at
that time the individual was considered a reasonable chance would have
resulted that the individual would have been recommended for promotion.

12.  Army Regulation 135-155, table 2-2 states that, 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, or within the three years preceding promotion,
the officer has earned a baccalaureate degree from an unaccredited
educational institution that has been recognized by the Department of
Defense for purposes of meeting officer educational requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for reconsideration by a Special Selection
Board under the 2003 criteria has been carefully considered and found to
have merit.

2.  During the initial review by HRC-RC promotion officials, the applicant
had not provided sufficient proof that he was enrolled in classes prior to
being ordered to active duty in support of Operation Enduring Freedom.
However, after receiving HRC-RC’s advisory opinion, the applicant provided
documentation which shows he was enrolled in classes at the University of
Baltimore during the Fall 2002 semester.  It is evident that the
applicant’s schooling was interrupted by his mobilization and he was not
able to complete final requirements for classes for the fall, spring, and
summer term.

3.  The applicant’s mobilization during his fall 2002 semester was
carefully considered.  In view of his mobilization, it would be equitable
to show he requested a waiver of the military education requirement prior
to the convening date of the 2003 promotion board and that his waiver was
granted

4.  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 captain by a SSB using the criteria used by
the 2003 Captain RCSB.

BOARD VOTE:

__TSK __  __RLD __  __JBM __  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 was granted a waiver of the military education requirement for
promotion to captain prior to the convening date of the 2003 Reserve
Component Selection Board and referring his record to a Special Selection
Board for promotion reconsideration to captain under the criteria used by
the 2003 Reserve Component Selection Board.





                                  ____Ted S. Kanamine____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002736                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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