RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 DECEMBER 2005
      DOCKET NUMBER:  AR20050002904


      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. Ronald Blakely                |     |Member               |
|     |Ms. Jeanette 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 that his records be corrected to show
completion of his baccalaureate (BA) degree and reconsideration for
promotion to Captain.

2.  The applicant states that he completed the requirements for his BA
degree prior to 2 November 2004, the convening date of the 2004 Captain
Reserve Component Selection Board.  His records did not reflect completion
of his 4 year baccalaureate degree because it was not conferred until 30
November 2004.

3.  The applicant provides a copy of his transcripts from Charter Oak State
College, a statement from the Education Officer at the Georgia National
Guard verifying his BA degree in Individualized Studies, and a memorandum
for record concerning his request for Standby Board consideration.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he was considered and not selected for
promotion by the 2003 and 2004 Captain Reserve Component Promotion
Selection Boards.  The applicant was not selected for promotion because he
did not meet the educational requirement of having a BA degree prior to the
convening date of the boards.

2.  The applicant’s transcript shows completion of a BA degree from Charter
Oak State College.  Charter Oak College has no academic residency
requirements, and allows students to earn extra credit for learning
acquired through military service schools and experience evaluated by the
American Council on Education.

3.  The applicant’s transcript indicates that he earned college credits
beginning with basic and advanced individual training courses in 1989, as
well as other courses completed at Columbus State University, the U.S. Army
Infantry School, Georgia Perimeter College, Georgia Southern University,
and the University of Phoenix between 1995 and 2003.

4.  The applicant’s transcript indicates he enrolled at Charter Oak State
College on 7 October 2004.  After an evaluation of his existing credits and
military schooling he was awarded a BA degree in Individualized Studies on
30 November 2004.  The 2004 Captain promotion selection board convened on
2 November 2004.

5.  During the processing of this case an Advisory Opinion was obtained
from the U.S. Army Human Resources Command – St. Louis, which recommended
that the applicant’s request be approved.  The opinion notes that the
applicant was not educationally qualified at the time the board convened;
however, because he had completed all requirements for a BA degree prior to
the board it was recommended that his request be approved.  The Advisory
Opinion further recommended that if the applicant is granted a waiver for
the educational requirement, that his records be consideration by a DA
Special Selection Board under the criteria of the 2004 Board.

6.  The applicant was provided a copy of the Advisory Opinion and concurred
with the recommendation.

7.  Army Regulation 135-155, states in pertinent part, that for a
commissioned officer to be promoted he must meet the educational
requirement prior to the convening date of the promotion board.  The
educational requirement for promotion to Captain was completion of a
baccalaureate degree.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not selected for promotion by the 2003 and 2004
Captain Reserve Component Promotion Selection Boards because he did not
meet the educational requirement of having a BA degree prior to the
convening dates of the boards.

2.  The applicant enrolled in Charter Oak State College for the purpose of
having his credits and military schooling evaluated for award of a BA
degree.  He enrolled at the college on 7 October 2004 and his degree was
conferred on
30 November 2004.  His evaluation was accomplished using credits and
military schooling he completed between 1989 and 2003.

3.  The applicant completed the requirements for a BA degree prior to the
convening date of the 2004 Captain Reserve Component Promotion Selection
Board.  In the interest of justice and equity, and in concert with the
support of the U.S. Army Human Resources Command - St. Louis, his records
should be corrected to show he was educationally qualified prior to the
2004 promotion selection board in view of the fact that it was merely an
administrative exercise conducted by Charter Oak State College to evaluate
the applicant's college level credit based on past experience and
education, and no requirement for him to take additional classes.
4.  In view of the foregoing, the applicant’s records should also then be
considered by a DA Special Selection Board under the criteria of the 2004
Captain Reserve Component Promotion Selection Board.

BOARD VOTE:

__JH  ___  __RB ___  __JM ___  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 prior to the convening
date of the 2004 Captain Reserve Component Promotion Selection Board, and
further that his records be reviewed by a Special Selection Board under the
criteria of the 2004 Captain Reserve Component Promotion Selection Board.




                                  ______ James Hise________
                                            CHAIRPERSON


           INDEX

|CASE ID                 |AR20050002904                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051220                                |
|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.                      |                                        |


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