RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 April 2007
      DOCKET NUMBER:  AR20060013063


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. William Crain                 |     |Member               |
|     |Mr. Dale DeBruler                 |     |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 a waiver of her civilian education and
consideration for promotion by the 2006 AMEDD promotion selection board.

2.  The applicant states that she requested and applied for her Bachelors
of Science (BS) in nursing; however, all of the schools requested her to
transfer her credits from San Marcos University into the new school.  She
stated that in December 2001, she paid the service of World Education
Services (WES) to evaluate her school transcripts from San Marcos
University, Lima.  She states that as of the date of her application to
this Board WES has not evaluated her transcripts.  She states that WES
advertised a 3-day turn around and it has been almost 5 years.  She states
that she currently holds a BS in Library Science from San Marcos
University, Lima.  She states that she has enlisted the services of the
Better Business Bureau and an attorney to get WES to evaluate her
transcript.  She states that she worked hard to get into a nursing program
and that if she does not get her BS in nursing before the major's promotion
board convenes, it was based of the negligence of WES as they have failed
to evaluate her school transcripts.  She states the actions of WES have
resulted in loss of promotions as well as the prospect of paying an
increase in tuition costs.  She states that she has completed most of her
military requirement for the rank of major and she request that she be
granted a civilian education waiver.

3.  The applicant provides in support of her application a copy of her
Certificate of Release or Discharge DD Form 214; a copy of her Army
Training Transcript; a copy of a letter addressed to her from the Better
Business Bureau (BBB) dated 16 September 2003; a BBB Complaint Form; a
letter from her addressed to the District of Columbia Government date 4
October 2003; a copy of her personal check written out to WES dated 13
December 2001; copies of her certificates of completion of training; a copy
of a web page showing the status of her request with WES; a copy of a
letter from an attorney address to WES dated 23 April 2004; a copy of a
letter addressed to the Army Human Resources Command, 1 Reserve Way, St.
Louis, Missouri, dated 22 November 2005; a copy of a letter addressed to
her from WES dated 1 July 2005; a copy of a letter addressed to her from
WES dated 8 January 2002; a copy of a letter addressed to her from WES
dated 25 October 2005; electronic mail addressed to her from the





University of Maryland School of Nursing dated 2 February 2005; a copy of
her resume; a letter of recommendation dated 23 August 2006; a copy of her
Officer Evaluation Report for the period covering 13 September 2005 through
1 April 2006; a copy of a certificate of completion of the Army Medical
Department (AMEDD) Head Nurse Leader Development Course; a copy of her
Annual Training Evaluation dated 12 April 2000; a letter of appreciation
dated 23 June 2001; a letter of appreciation dated 9 August 2002; a copy of
her World Credential Diagnostics; a copy of a University of Maryland School
of Nursing Bachelor of Science in Nursing - Enrollment Agreement; a copy of
active duty orders dated 22 August 2004; a copy of reassignment orders
dated 17 November 2005; amendment orders dated 10 March 2006; and a copy of
her voluntary request for extension of her mobilization dated 20 January
2006.

CONSIDERATION OF EVIDENCE:

1.  On 17 March 1995, the applicant accepted an appointment as a second
lieutenant (O1) in the United States Army Reserve.  She was assigned to
Walter Reed Army Medical Center as a staff nurse.

2.  The applicant was promoted to first lieutenant (O2) on 6 May 1996 and
she was promoted to captain (O3) on 14 May 2000.

3.  On 19 December 2001, the applicant enlisted the services of WES to
obtain and evaluate her college transcripts.  According to the available
information, she attended San Marcos University in Lima, Peru.

4.  The available records indicate that on 8 January 2002 WES contacted the
applicant indicating that her documents had been submitted to the
institution that she attended for further information.

5.  In a memorandum addressed to the "DC Government" dated 4 October 2003,
the applicant explains her dilemma in getting the service that she paid for
from WES and she requested assistance.

6.  On 24 November 2003, the applicant completed a BBB complaint form
expressing her dissatisfaction with the service that she was receiving from
WES. In a letter dated 16 December 2003, the BBB informed the applicant
that they had contacted WES.  The applicant was instructed to review the
information that was obtained from WES and to complete the attached
verification form.  She was also informed that if she was still
dissatisfied with the response from WES she should complete the relevant
sections of the form and provide a specific

statement as to the reason why she remained dissatisfied.  The applicant
was further informed that without an explanation, her matter would be
closed and that no further consideration would be requested from WES.  She
was informed that, with her response clearly stated, the BBB may be able
contact WES again and request further consideration.

7.  On 23 April 2004, WES was contacted by an attorney's office, on behalf
of the applicant, expressing the applicant's disappointment in the service
that she was receiving and insisting that WES immediately provide the
requested evaluation.  The attorney informed WES that if steps were not
taken to provide the requested information, the applicant would take all
steps to protect her legal interests.

8.  In an e-mail dated 2 February 2005, the University of Maryland
Associate Director of Admissions informed the applicant that her request to
be considered for the registered nurse to the BS in nursing program had
been received.  The applicant was informed that in order to be considered
she must submit an official WES evaluation and a plan for how general
chemistry and nutrition would be completed.

9.  On 1 July 2005, the applicant was notified by WES that her
documentation was being verified by her home country institution.

10.  On 25 October 2005, the applicant was contacted by WES informing her
that a determination had been made that her documentation must be verified
by the issuing institution.  She was informed her file had been placed on
hold until WES received written verification.

11.  On 22 November 2005, the applicant's attorney submitted a memorandum
addressed to the "President, 2006 Major AMEDD Board" requesting that the
memorandum be accepted as an explanation of the applicant educational
situation.  In the memorandum the applicant's attorney provides the
background regarding the applicant's experiences while attempting to obtain
her WES educational credentials through WES.  The attorney stated that the
applicant had hired another service to obtain and review her transcripts
and requested that favorable attention be provided regarding the
applicant's promotion.

12.  On 24 April 2006, World Credential Diagnostics completed an evaluation
of the applicant's educational credentials.



13.  Effective 1 October 1995, no person may be selected for promotion to
the Reserve grade of CPT unless, not later than the day before the
selection board convene date, that person has been awarded a baccalaureate
degree from an accredited institution recognized by the Secretary of
Education or, within the 3 years preceding promotion, the officer has
earned a baccalaureate degree from an unaccredited educational institution
that has been recognized by the Department of Defense (DOD) for purposes of
meeting officer educational requirements.  This requirement does not apply
to a person who is appointed in a health profession for which a
baccalaureate degree is not condition of original appointment or
assignment.  Baccalaureate degrees required for Reserve promotion to major
or above must be completed not later than the day before the date that the
selection board convenes.  All Army Nurse Corps officers who are initially
appointed on or after 1 October 1986 must possess, as a minimum, a
baccalaureate degree in nursing from an accredited institution recognized
by the U.S. Secretary of Education.  Nurse anesthetists who hold, as a
minimum, a baccalaureate degree in any field are considered educationally
qualified.

DISCUSSION AND CONCLUSIONS:

1.  The question in this case is whether the applicant is entitled to a
waiver of her educational requirements for promotion consideration to
major.

2.  While the Board is empathetic to the problems that the applicant has
been experiencing with WES, under the applicable regulation, she does not
meet the educational requirements for promotion to major.  To assume that
had she obtained the evaluation of her college transcript from WES in a
timely manner, the information contained therein would have resulted in her
obtaining her BS in nursing is speculative at this point.

3.  The evidence of record shows that she did not attempt to have her
college transcripts evaluated until 19 December 2001.  She accepted her
appointed as a second lieutenant on 17 March 1995.  Over 5 years had passed
before she made her initial attempt to have her transcripts evaluated.

4.  Therefore, this Board has determined that the applicant's inability to
have her transcripts evaluated in a timely manner by WES is an insufficient
basis for waiving her educational requirement for promotion consideration
to major.

5.  In order to justify correction of a military record the applicant must
show or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__WP___  __WC___  ___DD __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____William Powers_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013063                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/04/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  310  |131.0000/PROMOTION                      |
|2.  1043                |131.1100/PROMOTION CONSIDERATION        |
|3.  23                  |103.0000/EDUCATION                      |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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