RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      17 August 2006
      DOCKET NUMBER:  AR20060004733


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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).
He also requests that his application be processed expeditiously.

2.  The applicant states that since the convening and disposition of the
captain selection board, he has received his bachelor's degree.  He is now
in compliance with applicable educational requirements for selection and
promotion to captain.  He also states that he is currently an Active Guard
Reserve (AGR) Soldier with the Florida Army National Guard (FLARNG).  He
also states that if no action is taken prior to 27 August 2006, he will be
discharged from the Army and removed from the AGR program.  While he did
fail to meet the civilian education requirements for promotion to captain
prior to his second Department of the Army Reserve Components Selection
Board (RCSB), the one extenuating circumstances that led to this was his 15-
month deployment to Iraq in support of Operation Iraqi Freedom II.  Upon
his return from Iraq, he was re-enrolled and completed his degree from
Florida State University while continuing to work as a battalion assistant
S3 and M-Day company commander.

3.  The applicant provides memorandums from the Administrative Officer,
Headquarters, 417th Signal Battalion and the Education Services Officer,
FLARNG, supporting his request.  He also provides a copy of his college
transcript in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
FLARNG, as a second lieutenant, effective 31 July 1998.  He was promoted to
first lieutenant effective 14 March 2001.

2.  He was ordered to active duty in support of Operation Noble Eagle and
Enduring Freedom effective 15 December 2003.

3.  He was considered and not selected for promotion to captain by the 2004
and 2005 RCSBs, which convened on 2 November 2004 and 7 November 2005,
respectively.  He was not qualified for promotion based on the lack of the
required civilian education, a baccalaureate degree.

4.  He was released from active duty effective 22 February 2005 and
transferred to a FLARNG unit.

5.  His Florida State University transcript, dated 13 January 2006, shows
he was awarded a Bachelor of Science degree on 17 December 2005.

6.  In a memorandum, dated 20 January 2006, the Education Services
Officer, FLARNG, verified that he had seen the original/official (raised
seal) transcript issued by Florida State University stating that the
applicant had acquired a degree or had obtained the listed number of
semester hours.

7.  In a memorandum, dated 6 February 2006, the Administrative Officer,
Headquarters, 417th Signal Battalion, FLARNG, requested special board
consideration for the applicant.  He stated that the applicant was
deployed for 18 months after being cross-leveled for the Global War on
Terrorism which delayed him meeting the required civilian educational
requirements.  He also stated that the applicant was an excellent officer
and had been an outstanding and consistent performer of the 417th Signal
Battalion.  The applicant's selfless and professional service while
obtaining his civilian education was proof of his dedication to his
country and to the FLARNG.

8.  In an advisory opinion, dated 20 April 2006, the Chief, Promotions
Branch, Office of Promotions, Reserve Components, Human Resources Command –
St. Louis, Missouri, stated that the applicant was considered but not
selected by the 2004 and 2005 RCSBs because he did not meet the required
civilian education (Bachelor Degree) prior to the convening date of either
board.  The 2005 RCSB convened on 7 November 2005.  The applicant's degree
was conferred on 17 December 2005, the date the board recessed.  Based on
the foregoing, it was recommended the Army Board for Correction of Military
Records (ABCMR) grant him a civilian education waiver for the 2005 captain
RCSB.  If granted, the Office of Promotions would assign the applicant to
the next available SSB for reconsideration under the 2005 year criteria.

9.  The advisory opinion was forwarded to the applicant for acknowledgement
and/or rebuttal on 26 July 2006 and he concurred on 7 August 2006.

10.  Army Regulation 135-155 prescribes the policies and procedures for the
promotion of Reserve and ARNG officers.  This regulation specifies that
promotion consideration/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.  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.

11.  Army Regulation 135-155 further 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.

12.  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 year criteria.

DISCUSSION AND CONCLUSIONS:

1.  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.

2.  The evidence of record shows that based on the applicant's deployment
in support of Operation Noble Eagle and Enduring Freedom from December 2003
through February 2005, he was unable to continue and complete degree
requirements prior to the convening date of the 2005 RCSB.

3.  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. The applicant, upon demobilization,
reenrolled in Florida State University and completed his degree on 7
December 2005, the recessed date of the 2005 RCSB.

4.  The applicant's command supports his efforts and considers him a
valuable asset to his country and the FLARNG.  Therefore, based on the
circumstances presented, the officer's mobilization and subsequent
deployment in support of Operation Iraqi Freedom, he is entitled to an
exception to policy for the civilian education requirement for promotion
reconsideration to captain under the 2005 year criteria.

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

__RTD___  __r____   ___DAC_  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 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 selected for promotion and he has been separated, his records
be further corrected to show:

      a.  that his discharge or transfer to the Retired Reserve, as
applicable, is void, and of no force or effect, that he was credited with
qualifying service for Reserve retirement for his respective retirement
years, from the dates of his now-voided discharge or transfer to the
Retired Reserve to the date of his return to the active Reserve;

      b.  that an adequate explanation be placed in his official personnel
files to show that the gap in his officer evaluation reports, from the
dates of his now-voided discharge or transfer to the Retired Reserve to the
date of return to active
Reserve status, was not caused by any fault on his part, and to insure that
he is not prejudiced thereby in the consideration of any future personnel
actions; and

      c.  that all documents related to his now-voided non-selection for
promotion to captain by the 2005 RCSB, and his transfer be expunged from
his official military records.

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




                                  _____Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004733                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|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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