RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011149 


	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. James Vick

Chairperson

Mr. Thomas Ray

Member

Mr. Jeffrey Redmann

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 was passed over for promotion to major (MAJ/O-4) because he did not have the required military education.  He had not completed the Captain Career Course (CCC) (Advanced Course) and should be promoted to the rank of major due to the criteria for the March 2007 Major Promotion Board.  He was unable to attend the CCC because he was deployed to Habbaniyah, Iraq, in support of Operation Iraqi Freedom (OIF) and was serving on a Military Transition Team (MITT).  He returned to an active status on 30 January 2006 and was ordered to active duty on 3 April 2006.  

3.  After training at Fort Eustis and Fort Hood, he was deployed to Iraq on 28 May 2006.  The Major’s Promotion Board met on 12 March 2007 and he had no opportunity to attend a CCC.  Upon his release from active duty, he attended and completed the Ordnance CCC. 

4.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 June 2007, a copy of his reassignment orders, a copy of his DA Form 1059 (Service School Academic Evaluation Report), and a copy of his Ordnance CCC diploma, in support of his request.

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 21 February 1988, with prior enlisted service.  

2.  The applicant was promoted to captain (CPT/O-3) effective 23 February 1995. 
He served until he was honorably discharged on 13 January 2003, in the rank of CPT.

3. On 7 February 2006, orders were published reappointing the applicant in the USAR, in the rank of CPT, with an effective date of 30 January 2006.




4.  The applicant was ordered to active duty (AD) on 3 April 2006 in support of OIF.

5.  The applicant was considered and not selected for promotion to major by the 2007 RCSB (Reserve Component Selection Board).  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.

6.  The applicant was released from AD on 18 June 2007.  He was assigned to a troop program unit (TPU)

7.  The applicant provided a copy of his DA Form 1059 and a copy of his diploma from the United States Army Ordnance Center and School which shows that he completed the Ordnance CCC, Class Number 4-9-C23-91A (RC [Reserve Component]) from 9 July 2007 to 19 July 2007.

8.  In an advisory opinion, dated 17 October 2007, the Chief, Specials Actions Branch, Office of Promotions, Reserve Components, Army Human Resources Command (AHRC), St. Louis, stated that the applicant’s had not completed the military education requirement when he was considered for promotion by the 2007 RCSB; therefore, he was not eligible for promotion.  Based on the information submitted with his application, AHRC recommended that the applicant be granted an education waiver and consideration by an SSB under the 2007 criteria.  

9.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case.  The applicant responded within the timeframe allotted and concurred on 28 November 2006.

10.  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.

11.  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 the Ordnance CCC on 19 July 2007.

2.  The AHRC, Office of Promotions, Reserve Components, has recommended the applicant be granted a military education waiver and consideration by an SSB under the 2007 criteria.  Based on a review of the supporting documentation 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:

_JV____  ___TR___  ___JR __  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.




______James Vick__________
          CHAIRPERSON




INDEX

CASE ID
AR200070011149
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080122
TYPE OF DISCHARGE
USAR
DATE OF DISCHARGE
USAR 
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
131
2.

3.

4.

5.

6.