RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060009531 


	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. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 correction of his records to add a waiver of the military education requirement for consideration for promotion to major.

2.  The applicant states, in effect, that he requested a military education waiver following the instructions given to him by the Army Human Resources Command (AHRC), St. Louis, Missouri.  The request was not processed through the appropriate office so the waiver was not granted, although the request was entered into his board file.  The reason given for the request not being processed through the appropriate office was that it had the wrong subject line.  However, he contends that he exactly followed the example given to him by AHRC.  

3.  The applicant provides a copy of his request, a copy of the sample memorandum to the President and e-mail with attachment that was provided by AHRC.

CONSIDERATION OF EVIDENCE:

1.  The applicant, at the time of his application, was a captain in the Arkansas Army National Guard.  

2.  On 7 February 2006, the applicant received an e-mail, subject: Military Education Waiver Request.  It acknowledged that the applicant wanted to attend Phase Two of the Officer Advance Course.  It advised him to submit a request for waiver of his military education and, if approved, he would have an additional 
18 months to complete the required military training.  An attachment to this e-mail provided the applicant with instructions for completing his request for waiver.  It provided the following mailing address for this letter:  Commander, AHRC, Chief, Office of Promotions (RC), Attention: AHRC-MSL, 1 Reserve Way, St. Louis Missouri. 63132-5200.

3.  The applicant also received from AHRC a sample memorandum for corresponding with the president of the promotion board.  The mailing address for this memorandum is exactly the same as that provided for his request for waiver of the military education requirement. 

4.  On 2 March 2006, the applicant submitted a memorandum to the President of the 2006 Major Promotion Board requesting a waiver of his military education requirement to be eligible for consideration for promotion to major.  He stated that he was unable to complete his military education requirement due to conflicts with his graduate education.  He had received a grant and needed to complete his graduate degree in order to secure his civilian employment.

5.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, United States AHRC, located at 1 Reserve Way, St. Louis, Missouri.  It opined that the applicant was considered, but not selected by the 2005 and 2006 Major Department of the Army Reserve Components Selection Boards for promotion.  The reasons for non-selection are unknown because statutory requirements prevent disclosure of board proceedings to anyone not a member of the board.  However, in this case, the applicant could not be selected based on the fact that his records did not reflect completion of the required military education by the convening date of both boards.  The board consideration file for the applicant for calendar year 2006 contains the applicant's Memorandum for the Board President dated 2 March 2006.  In paragraph three of that memorandum, is the applicant's request for waiver of the military education requirement.  Normally this is not the procedure.  Subsequently, it appears to not have made it to the appropriate office for processing.  Had the proper procedure been followed, the board would have seen the Memorandum to the Board President, and a memorandum placed in the applicant's file granting the waiver.  The Chief, Office of Promotions does not have the authority to waive the military education requirement after the board has convened.  Without being granted a military waiver, the applicant does not have a basis for a special board.  Therefore, the Chief, Special Actions Branch, recommends that the applicant be granted a waiver for calendar year 2006.

6.  Army regulation 135-155, provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR), and warrant officers of the USAR.  It provides, in pertinent part, that the military education requirement for promotion to major is the completion of any officer advance course not later than the day before the selection board convening date.   The Commander, Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's need to complete his graduate civilian education to secure his civilian employment conflicted with his need to complete his military education requirement to be eligible for promotion consideration to major. 

2.   AHRC provided the applicant instructions for submitting a waiver for the military education requirement and a sample memorandum for writing to the president of the promotion board.  Both of these actions required the same mailing address back to AHRC. 

3.  The applicant erred in the format of his request for waiver.  He combined both actions into one memorandum and sent it to AHRC.  However, had the personnel at AHRC read the memorandum in its entirety and not just the subject line, his error could have been corrected.

4.  It would be unfair and result in too harsh a penalty not to grant him a waiver of his military education so that he may be considered by a special selection board.

5.  In view of the above, the applicant's request for a waiver of his military education for calendar year 2006 should be granted.

BOARD VOTE:

__JCR __  _JRH___  __TMR__  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 waiving his military education requirement for calendar year 2006 and scheduling him for the next available special selection board.





__      Thomas M. Ray_____
          CHAIRPERSON




INDEX

CASE ID
AR20060009531
SUFFIX

RECON
 
DATE BOARDED
20070301 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
118.000
2.

3.

4.

5.

6.