RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2006
      DOCKET NUMBER:  AR20060004124


      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. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John G. Heck                  |     |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 reconsideration to captain by a special selection board (SSB)
under the 2005 year criteria.

2.  The applicant states, in effect, that he was not qualified for
promotion to captain due to the lack of a degree.  He had a Bachelor of
Science degree on file, but it was not considered for promotion.

3.  The applicant provides copies of his transcript from Buxton University
and his memorandum to the Human Resources Command (HRC), St. Louis,
Missouri, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was appointed in the
North Dakota Army National Guard, as a second lieutenant, effective 17
November 1999, with prior enlisted service.

2.  The applicant submitted documentation that shows he was awarded a
Bachelor of Business Administration degree in 2005 from Buxton University,
London, United Kingdom.

3.  In a memorandum, dated 14 March 2005, the applicant advised HRC that he
had completed his civilian education with a Bachelor of Business
Administration degree in 2005 and submitted it in his board file for review
for his promotion to captain.  When his promotion board file was reviewed,
his educational qualification code was not changed.

4.  He was considered and not selected for promotion to captain by the 2005
Reserve Components Selection Board (RCSB) that convened on 13 November 2005
and recessed on 14 December 2005.  He was not qualified for promotion based
on the lack of required civilian education, a baccalaureate degree from an
accredited college or university.

5.  In an advisory opinion, dated 4 April 2006, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, HRC, St. Louis, Missouri,
stated that the applicant's transcript for his baccalaureate degree from
Buxton University was viewed by the 2005 RCSB.  For the education to be
valid, the degree must have been conferred by a college or university that
is accredited by the US Secretary of Education.  Based on the fact Buxton
University was not an accredited university, the applicant was determined
to be not educationally qualified for promotion.  On 14 November 2005, the
applicant submitted a request for a waiver for the education; therefore, he
was aware the degree was not official.  Due to the fact the applicant did
not know at the time the degree was conferred that Buxton University was
not an accredited university, it was recommended that he be granted a
waiver for the education.  If granted a waiver, he would be identified to a
SSB under the 2005 year criteria, and if selected for promotion he could
not be promoted prior to completion of a baccalaureate degree from an
accredited university.

6.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 16 August 2006.  He did not respond.

7.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve and Army National Guard 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 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 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 civilian and/or military schooling.

8.  Army Regulation 135-155 also specifies that for a first lieutenant to
be eligible for promotion to captain, the officer must be awarded a
baccalaureate degree from an accredited educational institution prior to
the convening date of the promotion board.  This policy has been in effect
since 30 September 1995.

9.  The regulation further specifies that the Chief, Office of Promotions,
is the approval authority for all current year 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 in this case, it would be appropriate to
grant the applicant a civilian education waiver and promotion
reconsideration to captain by a SSB under the 2005 year criteria.

2.  The applicant's contention that his bachelor degree was on file but he
was not qualified for promotion has been noted.

3.  The applicant was awarded a Bachelor of Business Administration degree
in 2005 from Buxton University.  In a memorandum to HRC, the applicant
stated that he had completed his civilian education and had submitted it
with his board file for review for promotion to captain.  Based on the fact
Buxton University was not accredited by the US Secretary of Education, he
was found not qualified for promotion to captain.

4.  The HRC, Office of Promotions, Reserve Components, has recommended the
applicant be granted a civilian education waiver since he did not know at
the time the degree was conferred that Buxton University was not an
accredited educational institution.  The ABCMR has the authority to grant
an exception to policy and grant a waiver for the civilian education
requirement considering the circumstances of this case.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__RR____  _T _____  _JGH___  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 reconsideration for promotion to captain under
the 2005 year criteria.

2.  That following administrative implementation of the foregoing, the
applicant's records be submitted to a duly constituted SSB for promotion
reconsideration to captain under the 2005 year criteria.


3.  That, if selected, his records be further corrected by showing he was
promoted to captain on his date of eligibility, as determined by
appropriate Departmental officials, using the 2005 year criteria, provided
he was otherwise qualified and met all other prerequisites for promotion.

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




                                  _____Marla J. N. Troup________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004124                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.10                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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