RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2006
      DOCKET NUMBER:  AR20050005727


      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. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 civilian education waiver and
promotion consideration to captain by a special selection board (SSB) under
the 2004 criteria.

2.  The applicant states that based on the fact that he was and still is on
the Reserve Active Status List (RASL), he was in the zone for consideration
by the 2004 captain's selection board (2 November 2004).  He was omitted
from the board because he did not have a bachelor degree at the time the
board convened.  He received his Bachelor Degree in General Studies on
17 December 2004 from Northwestern State University.  He was mobilized in
support of Operation Enduring Freedom and Operation Iraqi Freedom for the
period 21 January 2003 through 15 January 2005.  He is currently enrolled
in the Reserve Components Transportation Officer Advanced Course (OAC) and
has completed 2 of 12 sub courses.

3.  The applicant provides a letter from the Officer in Charge (OIC), Unit
Movement Section, 4013th Garrison Support Unit (GSU), Fort Polk, Louisiana;
copies of his bachelor degree diploma and college transcripts; his
assignment and active duty orders; his reply from the Chief, Office of
Promotions, Reserve Components, Human Resources Command (HRC) – St. Louis,
Missouri; his recommendations for awards and certificates; and his
enrollment messages for the Transportation OAC.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve (USAR) as a second lieutenant effective 29 May
1993 and appointed in the Louisiana Army National Guard (LAARNG) as a
second lieutenant effective 6 October 1993.

2.  He was promoted to first lieutenant effective 29 May 1996.  He was
separated from the LAARNG effective 17 September 1996 and transferred to
the USAR Control Group (Reinforcement).  He was assigned to a troop program
unit effective 10 April 2002.

3.  He was mobilized in support of Operation Enduring Freedom effective
17 January 2003.

4.  He was considered and not selected for promotion to captain by the 2002
and 2003 Reserve Components Selection Boards (RCSB) that convened on
4 November 2002 and 3 November 2003, respectively.  He was not qualified
for promotion based on the lack of the required civilian education, a
bachelor degree.

5.  On 23 June 2004, his active duty assignment was amended from 12 months
to, not to exceed 730 days.

6.  He was not considered for promotion to captain by the 2004 RCSB that
convened on 2 November 2004.

7.  On 23 April 2004, he submitted an application to the Army Board for
Correction of Military Records (ABCMR) and requested a waiver of the
civilian education and special board consideration for promotion to
captain.  On 23 November 2004, the ABCMR denied his request for a civilian
education waiver and SSB consideration under the 2002 and 2003 criteria.

8.  He was awarded a bachelor degree from Northwestern State University on
17 December 2004.

9.  In a letter, dated 18 March 2005, the Chief, Office of Promotions,
Reserve Components, HRC - St. Louis, responded to the applicant's
19 January 2005 letter, wherein he requested promotion consideration by a
SSB.  The letter advised the applicant that he was considered but not
selected for promotion by the 2002 and 2003 RCSB's.  His BA degree was
conferred on 17 December 2004, after the boards were convened; therefore,
he was not educationally qualified for promotion.  On 23 April 2004, he
submitted an application to the ABCMR and requested a waiver for the
education.  As he was advised on 11 March 2005, the ABCMR denied his
request for a waiver; therefore, he did not have a basis for special board
consideration under the 2003 criteria.

10.  The letter also stated that based on the fact the applicant was still
on the RASL, he was in the zone for promotion consideration by the 2004
RCSB; however, his file was omitted from the board.  Since his BA degree
was awarded after 2 November 2004, the convening date of the board, he
would have to apply to the ABCMR and request a waiver for the education
under the 2004 criteria.  If granted a wavier by the ABCMR, he would be
eligible for special board consideration under the 2004 criteria.

11.  In a letter, dated 5 April 2005, the OIC, Unit Movement Section,
4013th GSU, Fort Polk, recommended approval of the applicant's request for
civilian educational requirements waiver and promotion reconsideration.
The letter

stated that the applicant's timeline of events prevented him from
fulfilling his educational requirements.  The applicant was commissioned
with an Associate Degree in 1993 and served 6 years in the Individual Ready
Reserve and 3 years with the LAARNG.  During this period, the applicant
attempted to complete a bachelor degree program but was not successful due
to the officer basic course and university requirements conflicts.  The
applicant continued his degree pursuit in 2000 and joined the 4013th GSU in
2002.  He was mobilized with the 4013th GSU in January 2003 and
subsequently volunteered to deploy with the 285th Engineer Company.

12.  The letter also stated that due to the applicant's mobilization and
deployment, he was not able to complete his educational requirements to be
considered for promotion to captain.  Following his redeployment in April
2004, the applicant did not delay in his civilian educational pursuit and
enrolled in a degree program at Northwestern State University.  The
applicant graduated in December 2004 with a Bachelor of General Studies.
The applicant is an outstanding junior officer with exemplary initiative
and dedication and should be given every opportunity to continue his
service to the nation and the Army.  The applicant should be granted a
wavier by the ABCMR and given promotion consideration by a SSB under the
2004 criteria.

13.  Based upon review of the applicant’s records by the Office of
Promotions, Reserve Components, HRC – St. Louis, it was determined the
applicant was erroneously not considered and was eligible for consideration
for promotion to captain by a SSB under the 2004 criteria as an omit.

14.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve officers.  This regulation specifies that promotion
reconsideration by a SSB 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, that 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.  The regulation also provides that boards are
not required to divulge the proceedings or the reason(s) for non-selection,
except where an individual is not qualified due to non-completion of
required education.

15.  The regulation further specifies that the Chief, Office of Promotions,
is the approval authority for all current criteria requests for exception
to non-statutory

promotion requirements (i.e., civilian education), and that requests must
contain complete justification and be received prior to the board convening
date.  The ABCMR has the authority to grant a waiver for the civilian
education for a past criteria.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances, the applicant is entitled to a civilian
education waiver and special board consideration for promotion to captain
under the 2004 criteria.

2.  The applicant's, and his command's contention, that he was unable to
complete his degree due to mobilization and deployment have been noted and
are found to have merit.

3.  The evidence of record shows that the applicant was non-selected by the
2002 and 2003 RCSB's.  He was mobilized in support of Operation Enduring
Freedom on 17 January 2003.  His request for an education waiver and
special board consideration under the 2002 and 2003 criteria was denied by
the ABCMR on 23 November 2004.

4.  Following his redeployment in April 2004, he did not delay in his
civilian educational pursuit and was awarded a bachelor degree on 17
December 2004.  Based on the fact that he was still on the RASL, he was in
the zone for promotion consideration by the 2004 RCSB that convened on
2 November 2004; however, his file was omitted from the board.  His
bachelor degree was awarded after 2004 RCSB convening date.  He was advised
to apply to the ABCMR and request an education waiver for the 2004
criteria, as the ABCMR has the authority to grant an exception to policy
and grant a waiver for the civilian education requirement considering the
circumstances of the individual officer concerned.

5.  The applicant's command supports his efforts and considers him an
outstanding junior officer with exemplary initiative and dedication and
that he should be given every opportunity to continue his service to the
nation and the Army.  Therefore, based on the circumstances presented, the
officer's deployment and redeployment in support of Operation Iraqi Freedom
and completion of his degree in December 2004, he is entitled to an
exception to policy for the civilian education requirement for promotion
consideration to captain by a SSB under the 2004 criteria.

6.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.
BOARD VOTE:

__CD___  __KSJ___  _SLP ___  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 to show that the applicant was granted a waiver of the civilian
education requirement for consideration for promotion to captain under
the 2004 criteria.

2.  That following administrative implementation of the foregoing, the
applicant's records be submitted to a duly constituted SSB for promotion
consideration to captain under the 2004 criteria.

3.  That, if selected, his records be further corrected by showing he was
promoted to captain on his date of eligibility therefore with entitlement
to back pay and allowances, as determined by appropriate Departmental
officials using the 2004 criteria, provided he was otherwise qualified and
met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.




                                  ___Shirley L. Powell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005727                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.10                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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