RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 May 2007
DOCKET NUMBER: AR20060014394
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:
Mr. Kenneth L. Wright
Chairperson
Mr. Patrick H. McGann, Jr.
Member
Ms. Karmin S. Jenkins
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 could not complete the Transportation Officer Advanced Course prior to the convening of the 2006 Major Department of the Army Reserve Components Selection Board because his time was required at home with his wife who was ill with breast cancer and undergoing treatment. He further states that his wife fought for her life for 4 years before passing away on 27 June 2005. The applicant states that this was a difficult time for his two young daughters and he had to put his military career on hold. Now he is able to move forward with his military career. He has resumed his duties at his Reserve unit and has completed the Transportation Officer Advanced Course.
3. The applicant provides a copy of his Service School Academic Evaluation Report.
CONSIDERATION OF EVIDENCE:
1. On 18 December 1987, the applicant was appointed in the United States Army Reserve as a second lieutenant in the infantry.
2. The applicant was promoted to captain with a date of rank of 16 December 1994.
3. On 21 July 2006, the applicant completed Phase II of the Transportation Officer Career Course at Fort Eustis, Virginia.
4. 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 was considered and non-selected by the 2006 Major Department of the Army Reserve Components Selection Board. The board had convened on 14 March 2006 and recessed on 31 March 2006. The reason for non-selection is unknown because board deliberations are not a matter of record. But, in the applicants case, he did not meet the military education requirement for promotion to major. He had to take care of the needs of his terminally ill wife for several years. Therefore, he was unable to complete the education requirement because of his commitment to his wife and children. 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.
5. On 26 March 2006, a copy of the advisory opinion was mailed to the applicant for his information and possible comment. As of 22 April 2006, no response was received.
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 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 evidence clearly shows that the applicant was needed at home. It would not have been reasonable to expect him to fulfill his military duties while having to care for his terminally ill wife and two children.
2. However, after the death of his wife, the applicant was able to recover sufficiently to complete the education requirement.
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:
__KLW __ __KSJ __ __ PHM _ 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:
a. waiving his military education requirement for calendar year 2006;
b. submitting his records to a duly constituted selection board/advisory board for promotion consideration for major under the 2006 year criteria;
c. thatif selected, his records be further corrected by showing he was promoted to major on his date of eligibility, as determined by appropriate Departmental officials, under the 2006 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and
d. that if not selected, the applicant be so notified.
__ Kenneth L. Wright__
CHAIRPERSON
INDEX
CASE ID
AR20060014394
SUFFIX
RECON
DATE BOARDED
20070510
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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