RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2006
      DOCKET NUMBER:  AR20060009001


      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             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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 waiver regarding her civilian
education and reconsideration for promotion to major by a Special Selection
Board.

2.  The applicant states, in effect, that she was called to active duty for
a total of 14 months and deployed overseas for 10 of the 14 months.  She
also states, in effect, that due to her deployment she was unable to
complete the level of civilian education required for promotion
consideration to major.

3.  The applicant provides copies of her Student Record from the University
of Phoenix, Registrar's Office, Phoenix, Arizona, dated 22 May 2006, and
University of Phoenix, Degree of Bachelor of Science in Nursing, dated 30
April 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records contain a copy of her
Permanent Scholastic Record from NorthCentral Technical College, Wausau,
Wisconsin, that shows she graduated and was awarded an Associate Degree in
Nursing on 17 December 1991.

2.  The applicant's military service records show that she accepted
appointment as a Reserve Commissioned Officer of the Army on 19 July 1993
in the rank of second lieutenant in the Army Nurse Corps.  On 25 July 2000,
the applicant was notified of her promotion to the rank of captain,
effective 15 May 1999.

3.  The applicant's military service records contain 7 annual DA Forms 67-9
(Officer Evaluation Reports) covering the period of time from 11 March 1999
through 10 March 2006.  These documents show, in pertinent part, that the
applicant was assigned to a U.S. Army Reserve (USAR) Troop Program Unit
(TPU) in Menasha, Wisconsin, and performed her duties in that geographic
location from 11 March 1999 through 10 March 2003.  The annual DA Form 67-9
covering the period 11 March 2001 through 10 March 2002 shows, in pertinent
part, that the applicant's senior rater indicated the applicant
"[c]ontinues to seek self improvement through medical education…"

4.  The DA Form 67-9 covering the period 11 March 2003 through 10 March
2004 shows, in pertinent part, that the applicant was assigned to the
Intermediate Care Ward of the 452nd Combat Support Hospital in Bagram,
Afghanistan.  This document also shows, in pertinent part, that the
applicant's rater indicated "[s]he is currently planning to complete her
Bachelors of Science in Nursing degree."
5.  The DA Form 67-9 covering the period 11 March 2004 through 10 March
2005 shows, in pertinent part, that the applicant was assigned to a USAR
TPU in Menasha, Wisconsin.  This document also shows, in pertinent part,
that the applicant's rater indicated "[s]he was still in Afghanistan at the
beginning of this rating period as the assistant OIC [Officer in Charge] of
ICW [Intermediate Care Ward]."  This document further shows, in pertinent
part, that the applicant's senior rater indicated "[s]he successfully
deployed from Afghanistan and resumed her OIC function and reserve duties
organizing the Wausau Training site. … She was interrupted in her pursuit
of civilian degree completion, however is resuming those studies and
expects to complete them in the near future."

6.  The DA Form 67-9 covering the period 11 March 2005 through 10 March
2006 shows, in pertinent part, that the applicant was assigned to a USAR
TPU in Menasha, Wisconsin.  This document also shows, in pertinent part,
that the applicant's rater indicated "[s]he has completed the core
curriculum of a Bachelor's Degree in Nursing."

7.  The applicant's military service records contain a copy of
Headquarters, U.S. Army Human Resources Command, St. Louis, Missouri,
memorandum, dated
28 March 2006, subject:  Notification of Promotion Status.  This document
shows, in pertinent part, that the applicant was notified of her second non-
selection for promotion to the next higher grade by the Army Reserve
Components Selection Board that was convened on 10 January 2006.  This
document also notified the applicant that she must be discharged not later
than
1 October 2006, unless she was eligible for and requested transfer to the
Retired Reserve.

8.  The applicant's military service records indicate that she is not
eligible for transfer to the Retired Reserve.

9.  In support of her application, the applicant provides copies of her
Student Record from the University of Phoenix, Registrar's Office, Phoenix,
Arizona, dated 22 May 2006, and University of Phoenix, Degree of Bachelor
of Science in Nursing, dated 30 April 2006.  These documents show, in
pertinent part, that the applicant commenced her studies at the University
of Phoenix in May 2004 and completed her studies on 25 April 2006,
resulting in a Bachelor of Science in Nursing degree being conferred on 30
April 2006.

10.  In connection with the processing of this case, an advisory opinion
was obtained from the Chief, Special Actions Branch, Promotions Branch,
Office of Promotions, Reserve Components (RC), U.S. Army Human Resources
Command (USA HRC), St. Louis, Missouri.  This official confirmed that the
applicant was considered by the 2005 and 2006 Major Department of the Army
Reserve Components Selection Boards and not selected.  This official offers
that the reasons for the non-selection are unknown because statutory
requirements prevent disclosure of board proceedings to anyone not a member
of the board.  However, in the applicant's case, she could not be selected
based on the fact that her records did not reflect completion of the
required civilian education (Bachelor of Science in Nursing degree) by the
convene date of either board.

11.  The advisory official offers that the Chief, Office of Promotions,
does not have the authority to waive the civilian education requirement and
that the applicant does not have a basis for a Special Selection Board
(SSB) without being granted a civilian education waiver.  The advisory
opinion recommends the Army Board for Correction of Military Records grant
the applicant a civilian education waiver for the 2006 board criteria only.

12.  On 20 November 2006, the applicant was provided a copy of the advisory
opinion in order to have the opportunity to respond.  On 24 November 2006,
the applicant responded indicating her concurrence with the advisory
opinion rendered in her case.

13.  Army Regulation 135-155 (Promotion of Commissioned Officers and
Warrant Officers Other Than General Officers), Chapter 2, provides the
promotion eligibility and qualification requirements for USAR officers.
Paragraph 2-9 (Civilian education requirements) provides that baccalaureate
degrees required for Reserve promotion to major or above must be completed
not later than the day before the selection board convening date.  This
paragraph also provides, in pertinent part, that all Army Nurse Corps
officers initially appointed on or after
1 October 1986, as a minimum, must possess a baccalaureate degree in
nursing from an accredited institution by the U.S. Secretary of Education.

14.  A review of the Department of Education, Office of Post Secondary
Education website, on 7 December 2006, revealed that the Nursing education
programs at the baccalaureate degree levels offered by the University of
Phoenix, Phoenix, Arizona, were accredited by the North Central Association
of Colleges and Schools, The Higher Learning Commission, on 1 July 1978,
and the Commission on Collegiate Nursing Education, on 29 September 2005,
and that the status of the institutional and specialized accreditations
were both currently active.

15.  Paragraph 3-19 (Promotion Reconsideration Boards) of Army Regulation
135-155 provides, in pertinent part, that officers and warrant officers who
have either failed of selection for promotion, or who were erroneously not
considered for promotion through administrative error may be reconsidered
for promotion by either a promotion advisory board or a SSB, if
appropriate.  This document also provides that a SSB will convene, in
pertinent part, to reconsider commissioned officers who were wrongly not
considered and reconsider commissioned officers who were considered but not
selected by mandatory promotion boards that convened on or after 1 October
1996.  This paragraph further provides, in pertinent part, that records of
officers or former officers will be referred for SSB action when the Office
of Promotions RC determines: (a) an officer was eligible for promotion
consideration; however, the officer's records were, through error, not
submitted to a mandatory promotion selection; (b) a review of a mandatory
selection board finds that an officer's records contained a material error;
or
(3) the ABCMR requests such a referral.

16.  Paragraph 3-19 of Army Regulation 135-155 further provides, in
pertinent part, the Commander, USA HRC, Office of Promotions (RC) may find
that a "material error" caused the non-selection of an officer by a
promotion board.  That agency must first determine that there is a fair
risk that, in pertinent part, the record erroneously reflected that an
officer was ineligible for selection for educational or other reasons.  In
fact, the officer was eligible for selection when the records were
submitted to the original board for consideration.  This paragraph also
provides that an officer's military or civilian educational level,
including board certification level for Army Medical Department officers,
as constituted in the officer's record (as seen by the board) was
incorrect.  This paragraph further provides that application for promotion
reconsideration will be sent through command channels, to the Commander,
USA HRC, Chief, Office of Promotions (RC), St. Louis, Missouri.  As an
exception, the area commander will disapprove applications for SSB
consideration under the "material error" from officers not meeting the
minimum military education requirement or civilian education requirements,
without referral to the USA HRC.

17.  The Glossary (Term Section) of Army Regulation 135-155 defines
"material error" as one or more errors of such a nature that in the
judgment of the reviewing official (or body) may have caused an
individual's non-selection by a promotion selection board and, had such
errors been corrected at the time the individual was considered, a
reasonable chance would have resulted that the individual would have been
recommended for promotion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she should be granted a waiver
regarding her civilian education and reconsideration for promotion to major
by a Special Selection Board because she was called to active duty and
deployed overseas for 10 months.  She also contends, in effect, that due to
her deployment she was unable to complete the level of civilian education
required for promotion consideration to major.

2.  The evidence of record shows that the applicant was notified of her
promotion to the rank of captain on 25 July 2000, effective 15 May 1999.
The evidence of record also shows that the Army regulation governing USAR
promotions requires that baccalaureate degrees required for Reserve
promotion to major or above must be completed not later than the day before
the selection board convening date.

3.  The evidence of record shows that the applicant was assigned to a USAR
TPU in Menasha, Wisconsin, from March 1999 through March 2003.  The
evidence of record also shows that, in March 2002, the applicant's senior
rater indicated that the applicant continued to seek self-improvement
through medical education.  However, there is no evidence of record to show
that the applicant completed any college-level courses from March 1999
through March 2003.

4.  The evidence of record shows that the applicant was called to active
duty and deployed to Afghanistan for a period of 10 months during the
period from March 2003 through April 2004.  It is during this period of
time and service that the applicant maintains she was precluded from
completing the necessary level of civilian education required for
consideration for promotion to major.

5.  The evidence of record shows that the applicant first became eligible
for consideration by the 2005 Major Department of the Army Reserve
Components Selection Board that convened in January 2005.  However, she had
not completed the minimum required civilian education requirement (i.e., a
baccalaureate degree) and was not selected for promotion by the Board.

6.  The evidence of record shows that the applicant was eligible for
consideration by the 2006 Major Department of the Army Reserve Components
Selection Board that convened in January 2006.  However, she had still not
completed the minimum required civilian education requirement (i.e., a
baccalaureate degree) and was not selected for promotion by the Board.
This constituted her second non-select for promotion to major and required
her to be discharged.
7.  The applicant provides evidence that shows, subsequent to her
redeployment from overseas, it took her approximately 2 years to complete
her Bachelor of Science degree in Nursing (i.e., from May 2004 through
April 2006).  The Board considered that if the applicant had not been
ordered to active duty for deployment overseas, but instead had commenced
her studies leading to a Bachelor of Science degree in Nursing in March
2003, and noting that it took the applicant 2 years to complete the
requirements for her degree after her redeployment from overseas, the Board
concluded that the earliest the applicant would have earned her
baccalaureate degree would have been in February 2005.  The Board also
noted that this date would have been after the convening date of the 2005
promotion board.  Therefore, the applicant would not have been eligible for
consideration by the 2005 Major Department of the Army Reserve Components
Selection Board.

8.  Despite the comments of her rater and senior rater appearing in the
applicant's DA Forms 67-9, the Board notes the lack of official college
transcripts substantiating an effort by the applicant to complete college-
level courses toward a baccalaureate degree prior to her deployment
overseas (i.e., during the period March 1999 through March 2003).  However,
the Board accepts the applicant's argument in this case and the
recommendation offered in the advisory opinion.  Therefore, the applicant's
request for a civilian education waiver for the 2006 Major Department of
the Army Reserve Components Selection Board criteria is granted by this
Board and the applicant is entitled to be scheduled for consideration for
promotion by the next available Special Selection Board.

BOARD VOTE:

___JS___  ___LE  __  ___MJF__  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 by:

      a.  showing the applicant was granted a civilian education waiver for
the 2006 Major Department of the Army Reserve Components Selection Board
criteria; and

      b.  the applicant's record be scheduled for consideration for
promotion to major under the 2006 criteria.

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

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




                                  _____    John Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009001                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR                                      |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |131.1000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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