RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 March 2007
DOCKET NUMBER: AR20060009851
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Kathleen A. Newman
Chairperson
Mr. David K. Haasenritter
Member
Ms. LaVerne M. Douglas
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 that he had requested an educational delay until 14 April 2006, the date he completed the Officer Advanced Course. This made him eligible for promotion consideration by the 2006 promotion board.
3. The applicant provides a copy of his request for educational delay, Service School Academic Evaluation Report, and Military Police Officer Advanced Course Diploma.
CONSIDERATION OF EVIDENCE:
1. The applicant, at the time of his application, was a captain in the United States Army Reserve.
2. On 7 March 2006, the applicant submitted a memorandum to the Chief, Office of Promotions, requesting an exception of his military education requirement to be eligible for consideration for promotion to major. He stated that he was currently enrolled in the Reserve Component Military Police Officer Advanced Course with a projected completion date of 16 April 2006. He further explained that his recent deployment to Guantanamo Bay, Cuba, and obligations to his civilian employer affected his ability to complete this training any sooner.
3. 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 Army Human Resources Command, located at 1 Reserve Way, St. Louis, Missouri. The Chief opined that the applicant's request for a military education waiver was not received in his office; therefore, a waiver was not granted. However, the applicant did meet the eligibility requirements for the waiver prior to the convening of the board and completed the advanced course within three weeks of the board adjourning. Based on these facts, he recommended that the applicant be granted an education waiver and provided a Department of the Army Special Selection Board consideration under the 2006 criteria.
4. 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 advanced 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 deployment and obligations to his civilian employer adversely affected his ability to complete his military education requirement prior to the convening date of the promotion board.
2. However, the applicant did submit a request prior to the convening of the promotion board for an exception to the military education requirement, explaining that he was currently enrolled in the officer advanced course and would complete it within three weeks of the board's adjournment. The applicant completed this training on 14 April 2006.
3. 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.
4. 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:
__DKH___ __LMD _ __KAN __ 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.
__ Kathleen A. Newman__
CHAIRPERSON
INDEX
CASE ID
AR20060009851
SUFFIX
RECON
DATE BOARDED
20070320
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
131.0000
2.
3.
4.
5.
6.
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