RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      24 May 2007
      DOCKET NUMBER:  AR20060009990


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. David W. Tucker               |     |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 major by a special selection board (SSB) under
the 2006 year criteria.

2.  The applicant states, in effect, that due to her activation and
mobilization she was unable to complete her degree.  She also states that
she is an Army Reserve nurse currently in an active duty status.  She
received mobilization orders in September and was mobilized on 1 October
2005.  She dutifully serves and continues to meet her goal of completion
of a Bachelor of Science in Nursing (BSN) degree.  She is enrolled in an
on-line BSN completion program and will complete the requirements within
the year.

3.  The applicant provides copies of her mobilization orders; a
memorandum from the Assistant Chief Nurse, 1984th General Hospital,
Bassett Army Community Hospital, Fort Wainwright, Alaska; and a letter
from the Chief Special Actions Branch, Office of Promotions, Reserve
Components, Human Resources Command (HRC), St, Missouri, in support of
her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that she was appointed in the
United States Army Reserve, Army Nurse Corps (ANC), as a captain, effective
21 June 2000, with 7 years, 2 months, and 19 days constructive service
credit.

2.  The applicant was ordered to active duty in Support of Operation Noble
Eagle and entered on active duty effective 14 October 2005.  Her period of
mobilization was scheduled for 455 days (14 October 2005 through 11 January
2007).  She was honorably released from active duty and returned to her TPU
(training program unit) on 21 July 2006.

3.  In a memorandum, dated 9 January 2005, the Assistant Chief Nurse,
1984th General Hospital, Bassett Army Community Hospital, Fort Wainwright,
advised the Chief, Office Promotions, Reserve Components, St. Louis, that
the applicant had been mobilized with the 1984th General Hospital to back
fill at the 1984th General Hospital, Bassett Army Community Hospital, Fort
Wainwright.  He is the applicant's senior rater.  Since the applicant's
arrival, she had proven herself to be an invaluable asset to the emergency
department.  Upon her arrival at Fort Wainwright, they were experiencing an
extreme shortage of staff in Public Health
Nursing.  The applicant readily accepted the assignment to assist them in
the time of shortage and contributed greatly to the accomplishment of the
mission.  The applicant continues to pursue her BSN on-line while on this
mobilization.  He finds the applicant highly qualified and recommends her
with no reservations.

4.  She was considered and not selected for promotion to major by the
2006 Army Medical Department (AMEDD) Reserve Components Selection Board
(RCSB).  She was not qualified for promotion based on the lack of
required civilian education, a baccalaureate degree in nursing from an
accredited college or university.

5.  In a letter, dated 1 February 2006, the Chief, Special Actions Branch,
Office of Promotions, Reserve Components, HRC, St. Louis, advised that a
review of the records revealed the applicant's records revealed that she
had been identified to the 2006 Major AMEDD RCSB that convened on 10
January 2006.  She was considered not educationally qualified due to the
fact she had not met the civilian education requirement, a baccalaureate
degree in nursing.  In accordance with Title 10, United States Code,
section 12205 and Army Regulation 135-155, an officer must meet the
required educational requirement prior to the convening date of the
promotion board.  The Chief, Office of Promotions, does not have the
authority to waive the civilian educational requirement.  The letter
advised the applicant to apply to the Army Board for Correction of Military
Records (ABCMR), as they have waiver authority for civilian education.  She
would need to submit a DD Form 149 (Application for Correction of Military
Record) along with justification and they would make a decision on the
validity of her case and determine if an injustice was done.  She must
state she is requesting a civilian education waiver for the 2006 year
criteria board, and if granted, the ABCMR would direct the Office of
Promotion to grant a SSB for her reconsideration for promotion.

6.  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.

7.  Army Regulation 135-155 also specifies that further specifies that
ANC officers appointed on or after 1 October 1987 are required to possess
a baccalaureate degree in nursing prior to promotion to major.  Officers
other than Army nurses appointed after 1 October 1986 are required to
possess a degree prior to promotion to major.

8.  Army 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 criterion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's and her senior rater's contentions, that she was unable
to complete her 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 from October 2005 to present, she was
unable to complete the degree requirements prior to the convening date of
the 2006 AMEDD RCSB.  It is also noted that the applicant has continued to
pursue completion of her degree in her current active duty status.

3.  The ABCMR has the authority to grant an exception to policy and grant a
waiver for the civilian educational requirement considering the
circumstances of the individual officer concerned.

4.  The applicant's command supports her efforts and considers her a
valuable asset to the emergency department of the 1984th General
Hospital, Bassett Army Community Hospital, Fort Wainwright.  Therefore,
based on the circumstances presented, the officer's mobilization in
support of Operation Noble Eagle, she is entitled to an exception to
policy for the civilian education requirement for promotion
reconsideration to major under the 2006 year criteria.

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

_RJW____  __DWT_  __JCR __  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 to show that:

      a.  the applicant was granted a waiver of the civilian education
requirement for reconsideration for promotion to major under the 2006
year criteria;

      b.  following administrative implementation of the foregoing, the
applicant's records be submitted to a duly constituted special selection
board for promotion reconsideration to major under the 2006 year criteria;

      c.  if selected, her records be further corrected by showing she was
promoted to major on her date of eligibility, as determined by appropriate
Departmental officials, using the 2006 year criteria, provided she was
otherwise qualified and met all other prerequisites for promotion;

      d.  all documents related to her now-voided non-selection for
promotion to major by the 2006 Army Medical Department Reserve Components
Selection Board, be expunged from her official military records; and that

      e.  if she is not selected for promotion to major, she be so
notified.




                                  _____Jeffrey C. Redmann_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060009990                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070524                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.0000                                |
|2.                      |131.1100                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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