RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 September 2006
DOCKET NUMBER: AR20060001997
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. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Eric N. Andersen | |Chairperson |
| |Ms. Rose M. Lys | |Member |
| |Mr. Richard O. Murphy | |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 an educational waiver and
that he be considered for promotion to Lieutenant Colonel (LTC) by a
special selection board.
2. The applicant states that, due to an administrative error, he was not
considered by a promotion selection board. He enrolled in the Command and
General Staff Course (CGSC) in December 2001. In December 2003, he was
activated for Operation Iraqi Freedom and deployed to Iraq from January
2004 through December 2004. Upon his return, he continued working on CGSC.
At the time of the 2005 LTC, Army Medical Department (AMEDD), his records
were not reviewed by the board because his file was incorrectly coded as
“Promoted.” He did not apply for an educational waiver since he was not
notified of the board and was unaware that it was an option. He completed
the 50 percent requirement by 30 August 2005 and the remaining phases of
CGSC by December 2005.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant was appointed a Second Lieutenant in the U. S. Army
Reserve on 17 May 1987 in the Medical Service Corps. He served on active
duty from 21 October 1987 through 15 November 1993. He was promoted to
Major on 27 October 1999.
3. In the processing of this case, an advisory opinion was obtained from
the Office of Promotions, Reserve Components, U. S. Army Human Resources
Command – St. Louis, MO (USAHRC – STL). That office noted that the
applicant was omitted from the 2005 LTC AMEDD Reserve Components Selection
Board because of an administrative error. The board convened on 10 May
2005. The applicant was working on the required military education
(completion of 50 percent of CGSC) at the time. He was also deployed for a
period of time while working on his education. The applicant completed the
required military education on 30 August 2005. That office recommended the
applicant be granted an education waiver for the 2005 LTC AMEDD promotion
selection board.
4. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. On 28 July 2006, he concurred with the advisory
opinion.
5. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers) states, in pertinent part, that the
Office of Promotions, Reserve Components, USAHRC - STL is the approval
authority for all requests for exceptions to nonstatutory promotion
requirements.
DISCUSSION AND CONCLUSIONS:
1. The regulatory military education requirement for promotion to LTC is
completion of 50 percent of CGSC. The applicant began CGSC in December
2001. He would have been eligible for promotion consideration to LTC by
the promotion board that convened in May 2005. He was deployed to Iraq for
almost the whole year of 2004.
2. The applicant was administratively omitted from consideration by the
2005 LTC promotion selection board. Had he been informed he was eligible
for consideration, he could have requested a waiver of the military
education requirement (which he completed in August 2005). In accordance
with the advisory opinion, it would be equitable to correct his records to
show he was granted a military education waiver and to have his records
considered for promotion to LTC by a special selection board under the 2005
criteria.
BOARD VOTE:
__ern___ __rml___ __rom___ 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 requested a military education waiver in time for
consideration by the 2005 LTC AMEDD Reserve Components Selection Board and
that his request was granted; and
b. forwarding his records to a special selection board for
consideration for promotion to LTC under the 2005 criteria.
__Eric N. Andersen____
CHAIRPERSON
INDEX
|CASE ID |AR20060001997 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060914 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |131.11 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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