RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2006
      DOCKET NUMBER:  AR20050014401


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 date of rank to the grade
of lieutenant colonel be adjusted to show the date of his selection by a
Department of the Army Reserve Components Selection Board.

2.  The applicant states that he was involuntarily disenrolled from the
Command and General Staff Officers College (CGSC) because he was deployed
to Iraq.  The applicant further stated that his promotion was delayed due
to being found not educationally qualified for promotion to the grade of
lieutenant colonel.

3.  The applicant provides a self-authored letter and a copy of his
educational waiver in support of this application.

CONSIDERATION OF EVIDENCE:

1.  Records show that the applicant was enrolled in the nonresident course
of CGSC during the fall of 2002.

2.  The applicant's records contain a certificate for award of the Bronze
Star Medal, dated 7 May 2003.  This certificate shows the applicant was
awarded the Bronze Star Medal for exceptionally meritorious performance of
duty during Operation Iraqi Freedom during the period 19 March 2003 through
1 May 2003.

3.  On 14 July 2003, US Total Army Personnel Command granted a waiver for
military education requirements for promotion to the grade of lieutenant
colonel under the criteria of the 2003 promotion consideration Board.  The
education waiver stipulated that, if selected for promotion to the grade of
lieutenant colonel, the applicant would have 18 months from the approval
date of the board to complete the education requirements.

4.  Headquarters, 24th Infantry Division (MECH) and Fort Riley Orders
Number 048-0089, dated 17 February 2004, show that the applicant was
returned from deployment and released from active duty effective 12 March
2004.

5.  The applicant's records contain a DD Form 214 (Certificate of Release
or Discharge from Active Duty) which shows that he entered active duty on
9 February 2003 and was released on 13 March 2004 after serving 1 year,
1 month, and 4 days of active service.  This form further shows that he
served in Iraq and Kuwait during the period 9 February 2003 through 14
February 2004.


6.  Records show the applicant was considered for promotion to the grade of
lieutenant colonel by a Department of the Army Reserve Components Selection
Board which convened on 3 September 2003.  Records further show that this
board adjourned on 19 September 2003 and the results were approved on
26 January 2004.

7.  Records show that, on 14 July 2005, the applicant completed 50 percent
of CGSC.

8.  U.S. Army Human Resources Command Orders Number B-07-504319, dated 20
July 2005, show the applicant was promoted to the grade of lieutenant
colonel with effective date and date of rank of 14 July 2005.

9.  The applicant provided a one-page self-authored statement for
consideration with this application.  The applicant stated that he is a
member of 3rd Corps Support Command which is an Army Reserve Unit.

10.  The applicant contends that he was enrolled in the nonresident program
for Phase I of CGSC in 2002 and that the CGSC class starting meeting one
weekend each month in September 2002 in order to complete the requirements
for promotion to lieutenant colonel.  The applicant continues that the
projected completion date of the required 50 percent CGSC studies for
promotion to lieutenant colonel was June 2003.

11.  The applicant further stated that, in January 2003, he was mobilized
with his unit to execute Operation Iraqi Freedom for the invasion and
liberation of Iraq.  The applicant contends that his mobilization resulted
in his involuntary disenrollment from CGSC.  The applicant continues that
he was unable to complete the education requirements for promotion to the
grade of lieutenant colonel prior to the convening date of the September
2003 promotion Board.

12.  The applicant stated that prior to the convening date of the board he
requested and was granted an education waiver so that he would be
considered "educationally qualified" for promotion to the grade of
lieutenant colonel.

13.  The applicant argues that he was notified, in February 2004, he was
selected for promotion to the grade of lieutenant colonel and that when he
inquired about the promotion he was informed that the education waiver was
only for selection and not for promotion as his waiver stated. The
applicant further argues that he was not told his date of rank would be the
date he completed the CGSC requirement.

14.  The applicant requested that his date of rank be adjusted to February
2004 which is the time that the selection board results were published.
The applicant stated that he feels fortunate to be part of Operation Iraqi
Freedom but being disenrolled from CGSC caused him to fall behind his peers
with regard to promotion.

15.  The applicant concluded that had he not been mobilized in support of
Operation Iraqi Freedom, he would have completed 50 percent of CGSC at the
beginning of May 2003 and Phase II in the middle of June 2003.  He further
concludes that had he not been mobilized, he would have been promoted with
his peers in February 2004.

16.  An advisory opinion was obtained from the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, U.S. Army Human Resources
Command.  The Chief, Special Actions Branch opined that the applicant was
granted an education waiver for the 2003 lieutenant colonel promotion board
and allowed 18 months from the approval date of the board to finish the
education requirements.

17.  The Chief, Special Actions Branch further stated that the applicant
was recommended for promotion and that the board which selected him was
approved by the President on 26 January 2004.  He continued that the
applicant did not complete the education requirement until 14 July 2005 and
was promoted to lieutenant colonel with the effective date and date of rank
of 14 July 2005.

18.  The Chief, Special Actions Branch stated that paragraphs 4-18 and 4-21
of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers Other Than General Officers) state that the date of rank and
effective date will be when the officer meets all requirements for
promotion.

19.  The Chief, Special Actions Branch concluded that the applicant was not
fully qualified for promotion until he completed the required education and
recommended that the applicant's request be denied.

20.  On 22 March 2006, the advisory opinion was forwarded to the applicant
for review and comment.

21.  On 17 April 2006, the applicant provided a one-page response to the
advisory opinion.  In this opinion, the applicant stated that he was fully
aware of the fact that he had to complete 50 percent of CGSC prior to
promotion to the grade of lieutenant colonel.

22.  The applicant contends that the reason that he was unable to complete
this requirement was due to being mobilized in support of Operation Iraqi
Freedom and that had he not been mobilized he would have completed the
education requirements prior to consideration for promotion to the grade of
lieutenant colonel.

23.  The applicant argues that officers attending the resident CGSC were
allowed to remain in the program until completion even when their units
were mobilized and that this "double standard" caused him to fall a year
and a half behind his peers for promotion.

24.  Paragraph 4-21 of Army Regulation 135-155 states that the effective
date of promotion may not precede the date of the promotion memorandum.  An
officer is promoted after selection if all qualifications are met.  When an
officer does not meet the qualifications for promotion, the effective date
of promotion will not be earlier than the later date all qualifications are
met.  In no case, will the date of rank or the effective date of promotion
be earlier than the date the board is approved, or, if require, the date of
Senate confirmation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of rank to the grade of lieutenant
colonel be adjusted to show the date of his selection by a Department of
the Army Reserve Components Selection Board which was February 2004.

2.  The applicant was mobilized in support of Operation Iraqi Freedom. As a
result of being mobilized, the applicant was involuntarily disenrolled from
the nonresident course of CGSC.

3.  The applicant requested and was granted an education waiver for the
requirements for selection for promotion by a Department of the Army
Reserve Components Selection Board.  Subsequently, he was selected for
promotion to the grade of lieutenant colonel.

4.  Evidence of records show that the applicant was mobilized during the
period 9 February 2003 through 14 February 2004 and the board that
considered him for promotion to lieutenant colonel convened on 3 September
2003 and adjourned on 19 September 2003.  Therefore, due to the fact that
the applicant was mobilized he was unable to complete 50 percent of CGSC
prior to the release date of the board.


5.  Although, the applicant was granted an education waiver for completion
of 50 percent CGSC which is a requirement for promotion to the grade of
lieutenant colonel, this waiver was only valid for selection for promotion
and regulations require that an officer meet all promotion requirements
prior to promotion to the next higher grade.

6.  However, the applicant was not afforded the opportunity to complete the
requirements due to the fact that he was mobilized with his unit in support
of Operation Iraqi Freedom.  Additionally, records show that the applicant
completed 50 percent CGSC immediately upon his release from active duty.

7.  The results of the promotion board that selected the applicant for
promotion to lieutenant colonel were approved on 26 January 2004.

8.  Records show that had the applicant not been mobilized with his unit,
he would have completed Phase I (50 percent) of CGSC in the beginning of
May 2003 and Phase II in the middle of June 2003.

9.  Based on the foregoing, it would equitable in this case to grant the
applicant's request for adjustment of his date of rank to lieutenant
colonel.  Therefore, the applicant's records should be amended to show that
the applicant was promoted to the rank of lieutenant colonel with a date of
rank and effective date of 26 January 2004, the date the results of the
promotion board were approved.

BOARD VOTE:

_BJE___  __DLL___  __JEV___  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 that he was promoted to the rank of lieutenant colonel with a date
of rank and effective date of 26 January 2004, the date the results of the
promotion board were approved.





                                     __James E. Vick___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014401                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060719                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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