RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070008786 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

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 he be granted an education waiver and promotion reconsideration to major by a special selection board (SSB).

2.  The applicant states, in effect, his records were eligible for consideration for promotion to major by the March 2007 Major Promotion Selection Board.  On 21 February 2007, he requested a military education waiver from the US Army Human Resources Command, St. Louis, MO, in accordance with guidance received from the Office of The Deputy Chief of Staff, G-1, dated 31 August 2006.  Following submission of his waiver request, his Integrated Personnel Electronic Records Management System (iPERMS) records showed him to be educationally qualified for promotion consideration.  He was not considered and believes his waiver request was actually disapproved.

3.  The applicant provides the following documentations in support of his application:

	a.  a DA Form 87 (Certificate of Training) for completion of the Aviation of Captains Career Course, Phase I;

	b.  a copy of the Army Training Requirements and Resource System (ATRRS) printout showing he was scheduled for Phase II training;

	c.  a memorandum dated 21 February 2007 requesting an education waiver;

	d.  a memorandum dated 12 March 2007, disapproval of education waiver; and

	e.  a self-authored letter describing the sequence of events. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that was promoted to chief warrant officer three/pay grade W-3 on 15 October 2003.  Records further show that he applied for Federal recognition as an Army National Guard officer on 26 February 2005.

2.  On 26 October 2005, a Federal Recognition Board was held by the Colorado Army National Guard (COARNG) to determine if the applicant was qualified to be awarded Federal Recognition.  The proceedings indicated that the applicant was 

satisfactory in his physical qualifications, moral character and general qualifications.  He was approved to be reappointed from the Warrant Officer Corps to the Commissioned Officer Corps as a captain in the Aviation Branch.

3.  The applicant accepted appointment, executed an Oath of Office in the COARNG, and was granted temporary Federal recognition on 25 October 2005.  This date was later amended to read 26 October 2005 as shown on the National Guard Bureau Federal Recognition Orders Number 38 AR, dated 8 February 2006.

4.  Joint Force Headquarters, COARNG, Centennial, Colorado, Orders Number 108-012, dated 18 April 2006, show the applicant was assigned as the Commander, Company B, 3rd Battalion, 140th Aviation, Aurora, Colorado, effective 27 October 2005. 

5.  Department of the Army Memorandum, dated 31 August 2006, with subject:  Reserve Component Promotion Board Military Education Waiver Guidance states that, in accordance with paragraph 2-15b of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), the Chief, Office of Promotions, may grant waivers for non-statutory military education promotion requirements and grant military education waivers to requesting officers.  In order to receive a waiver for promotion consideration to major, a captain must have "completed at a minimum the non-resident portion of the [officer advanced] course and be scheduled for the resident phase."

6.  The applicant completed Phase I of the Aviation Captains Career Course on 16 February 2006.

7.  The electronic Army Training Requirements and Resources System (ATRRS) printout, dated 27 March 2007, and submitted by the applicant shows he was selected for Phase II (resident phase) of the Aviation Captains Career Course with a starting date of 27 November 2007 and an ending date of 10 December 2007. 

8.  On 21 February 2007, the applicant requested a waiver for non-statutory military education requirements in accordance with the Department of the Army Memorandum, dated 31 August 2006, based on completion of Phase I and approval for attendance at Phase II.


9.  On 12 March 2007, the Army Human Resources Command (AHRC), St. Louis, Missouri, denied the applicant's request for an education waiver, stating that he did not meet the requirements.

10.  On 29 March 2007, the 2007 Major Selection Board convened, but did not consider the applicant's record due to lack of military education requirements. 

11.  On 29 April 2007, the applicant attended Phase II of the Aviation Captains Career Course, completing the resident phase well in advance of his original scheduled attendance date.  Additionally, he also completed the Commander's Safety Course.

12.  In an advisory opinion, dated 22 June 2007, the Chief, Personnel Division, National Guard Bureau, Arlington, Virginia, recommended approval of the applicant's request for a military education waiver in accordance with the Department of the Army Memorandum of 31 August 2006.  The official further recommended that his records be sent to a Special Selection Board (SSB) for promotion to major under the 2007 promotion criteria, if the applicant was not selected due to military education.

13.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 11 June 2007.  He concurred on 30 June 2007.

14.  Paragraph 2-8 of Army Regulation 135-155 states, in pertinent part, that in order to qualify for selection, commissioned officers must complete the military education requirements no later than the day before the selection board convene date.  The military education requirements from captain to major is any officer advanced course.  The regulation further specifies that the Chief, Office of Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military/civilian education), and that requests must contain complete justification and be received prior to the board convening date.  

15.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve and ARNG officers.  This regulation specifies that promotion consideration/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.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was unable to complete his military education before the March 2007 promotion board due to high operational tempo (OPTEMPO); that he submitted a request for an education waiver; and that he verified his online military education requirements have been noted found to have merit.

2.  Evidence of record shows that the applicant qualified for and submitted a request for an education waiver prior to the promotion board convening date.  He also reviewed his promotion file and, with assistance from the Officer Branch Chief at the COARNG, he verified that he was deemed educationally qualified prior to the board convening date.  This led him to assume that his waiver request had been approved.

3.  Although the Department of the Army Memorandum, dated 31 August 2006, states that no waivers will be granted based on the ATRRS entries alone, the applicant had completed the non-resident portion of the course and was officially scheduled for the resident phase prior to the board's convening date.

4.  Therefore, it would be in the interest of justice to grant the applicant a military education waiver for the 2007 major board and send his records to a Special Selection Board (SSB) for promotion to major under the 2007 promotion criteria, if the applicant was not considered or not selected due to military education

BOARD VOTE:

__bpi___  __tmr___  __gjp___  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 

granting him a military education waiver for the 2007 major selection board and placing his corrected records before the next available special selection board for reconsideration for promotion to major under the 2007 criteria.



							Bernard P. Ingold
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008786
SUFFIX

RECON

DATE BOARDED
20070830
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
131.1100
2.

3.

4.

5.

6.