RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070008985 


	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

Ms. Joyce A. Wright

Analyst


The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea Nuppenau

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 military education waiver and promotion reconsideration to major by a special selection board (SSB) under the 2007 year criteria. 

2.  The applicant states, in effect, that he recently received a memorandum from U.S. Army Human Resources Command, dated 16 April 2007 informing him that he was not selected for promotion to major by the Department of the Army Reserve Components Selection Board (RCSB) that convened on 8 January 2007, and that this was his second nonselection.  The reason for his nonselection was non-completion of Phase II Captains’ Career Course (CCC).  He states that he had two deployments with the 42nd Medical Logistics Battalion that caused him a loss of 2 years and 2 months time to complete the required course, for which he is entitled to an academic extension.  

3.  He further states that a second factor was that this ATRRS (Army Training Requirements and Resources System) application for Phase II of the CCC was simply dropped from the system in May of 2005.  In 2006, he was affected by a serious illness which temporary left him unable to meet the APFT (Army Physical Fitness Test) school requirements.  

4.  In support of his application the applicant provides copies of two DD Forms 214 (Certificate of Release or Discharge from Active Duty); a copy of an ATRRS Portal application; a copy of a DA Form 3349 (Physical Profile), and a copy of orders ordering him to active duty.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant, effective 26 February 1994, with prior enlisted and commissioned service.  

2.  The applicant was assigned to a troop program unit (TPU), the 424th Medical Battalion, effective 17 April 1995.

3.  The applicant was promoted to captain (CPT/O-3) effective 25 June 2000. 

4.  The applicant was ordered to active duty (AD) on 18 January 2002 in support of Operation Enduring Freedom (OEF) and was released from AD on 20 November 2002.

5.  The applicant was ordered to AD on 21 January 2003 in support of OEF and was released from AD on 2 April 2004.

6.  The applicant provided a copy of an ATRRS printout which shows that he was scheduled to attend Phase II, Class 001, of the CCC, with a reporting date of 19 June 2005, starting date of 20 June 2005, and an ending date of 30 June 2005.

7.  The applicant was considered and not selected for promotion to major by the 2006 Army Medical Department of the Army RCSB.  He was not qualified for promotion based on the lack of required civilian and/or military education, on or before the convening date of the respective selection board. 

8.  On 8 August 2006, the applicant was evaluated by medical officials.  He was diagnosed as having Gullian Barre Syndrome.  On 14 October 2006, he was issued a temporary physical profile of 211111, with no APFT and to continue rehabilitation. 

9.  Based on the required completion of 7 years maximum time in grade (MTIG), his promotion eligibility date (PED) for major was 24 June 2007.

10.  The applicant was considered and not selected for promotion to major by the 2007 RCSB.  He was not qualified for promotion based on the lack of required civilian and/or military education, on or before the convening date of the promotion board.

11.  The applicant was ordered to active duty for training (ADT) for 14 days, with an effective date of 17 June 2007, to complete Phase II of the CCC.

12.  On 21 June 2007, the applicant acknowledged receipt of his nonselection for promotion to major and requested appearance before an SSB.  He indicated that he was currently attending Phase II of the CCC, with a graduation date of 30 June 2007.

13.  The applicant provided a copy of his DA Form 1059 (Service School Academic Evaluation Report) and a copy of his diploma from the Academy of Health Sciences) which shows that he completed the AMEDD CCC, Phase ll, Class Number 6-8-C22 (RC) from 18 June to 30 June 2007.

14.  The applicant is currently serving in a TPU.

15.  In an advisory opinion, dated 16 July 2007, the Chief, Specials Actions Branch, Office of Promotions, Reserve Components, Army Human Resources Command (AHRC), St. Louis, stated that the applicant’s records revealed that he was considered by the 2006 and 2007 Major AMEDD, RCSB, and was not selected.  The reasons for nonselection were the applicant did not meet the required military education prior to the convening date of the RCSB.  The applicant was also requesting an SSB.  However, SSBs are granted to officers that have a material error document missing from their promotion consideration files.  Material error documents are highest military and civilian education, award of a Silver Star and above, and missing officer evaluation reports.  Since the applicant did not meet the military education requirement, he did not have a basis for an SSB.  

16.  AHRC adds that on 31 August 2006, the Army G1 issued a memorandum that established new guidance in the issuance with respect to military waivers.  For Major boards, the military education requirement is completion of an officer advanced course or equivalent.  In order to be eligible for a waiver, the applicant must have completed as a minimum, the non-resident portion of the course and be scheduled for the resident phase.  The applicant furnishes information that states he was ordered to ADT to complete Phase II of the CCC, with a graduation date of 30 June 2007.  In addition, the applicant had 7 years to complete the required education before being considered by a promotion board to major.  AHRC reviewed his case and supporting documentation.  AHRC stated that the applicant furnished information that revealed his original application for Phase ll was withdrawn and that he completed Phase I in 2004.  AHRC recommended that the applicant be granted an education waiver from this Board, and if granted, direct an SSB; otherwise, he did not have a basis for an SSB.  

17.  The opinion was forwarded to the applicant for his acknowledgement on 9 October 2007.  He was provided 15 days to respond; however, he did not respond.

18.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to captain through lieutenant colonel.  The regulation provides that in order to be qualified for promotion to major an individual must have completed 7 years of time in grade as a captain and an officer advanced course on or before the convening date of the respective promotion board.  There are no waiver provisions provided in the regulation.

19.  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 nonselection 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 nonselection, except where an individual is not qualified due to non-completion of required civilian and/or military schooling.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, it would be appropriate to grant the applicant a military education waiver and promotion reconsideration to major by an SSB under the 2007 year criteria, based on his completion of Phase II of the CCC on 30 June 2007.

2.  The AHRC, Office of Promotions, Reserve Components, has recommended the applicant be granted a military education waiver, and if granted, direct an SSB.  Based on a review of the supporting documentation and the applicant’s application for Phase 2 of the CCC, which was withdrawn, the applicant was unable to complete the military education requirement in a timely manner.  The ABCMR has the authority to grant an exception to policy and grant a waiver for the military education requirement considering the circumstances of this case. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

__rn ____  _DLL____  __ena___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant was granted a waiver of military education requirement for reconsideration for promotion to major under the 2007 year criteria.

2.  That following administrative implementation of the foregoing, the applicant's records be submitted to a duly constituted SSB for promotion reconsideration to major under the 2007 year criteria.

3.  That, if selected, his records be further corrected by showing he was promoted to major on his date of eligibility, as determined by appropriate Departmental officials, using the 2007 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion.

4.  That if not selected, the applicant be so notified.




___    Eric N. Andersen_________
          CHAIRPERSON




INDEX

CASE ID
AR20070008985
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071120
TYPE OF DISCHARGE
USAR TPU
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131
2.

3.

4.

5.

6.