RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070011707 


	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. Michael J. Fowler

Analyst


The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. 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, that his records be corrected to show he was granted a military education waiver and he was promoted to the rank of Major (MAJ)/O4.

2.  The applicant states, in effect, that his promotion to MAJ was declined due to non-attendance at the officer advanced course.  He could not attend the course because his physical was not updated due to funds not being available.  His physical was not updated until May 2007.  The promotion board met in March 2007 and he was passed over because of non-attendance at the advanced course.  He further states that he applied for an education waiver but was denied due to not being enrolled in the second phase of the advance course.

3.  The applicant provides 16 pages of e-mail messages and a letter from the applicant to the Chief, Officer Promotions, U.S. Army Human Resources Command, St. Louis (USAHRC-STL), dated 14 February 2007. 

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 11 May 1990, he was appointed as a Reserve Commissioned Officer of the Army at the rank of Second Lieutenant (2LT)/O1.

2.  The applicant completed the Quartermaster (QM) Officer Basic Course (OBC) on 3 May 1991.  He was promoted to First Lieutenant (1LT)/O2 on 30 May 1993.

3.  The applicant was promoted to Captain (CPT)/O3 on 6 June 1996.

4.  On 14 February 2007, the applicant requested an education waiver for the March 2007, MAJ promotion board.

5.  By USAHRC-STL memorandum, dated 3 July 2007, the applicant was notified that the Department of the Army Reserve Components Selection Board did not select him for a second time for promotion.  The memorandum further stated, "As a result of this second non-selection, you must be discharged in accordance with title 10, U.S. C., section 14504(a) or Army Regulation 140-10, your established removal date is not later than 1 January 2008, unless you are eligible for and request transfer to the Retired Reserve."

6.  The Soldier Management System, USAHRC - STL, shows that on 6 August 2007 the applicant was retained by the Selective Continuation Board.   
7.  In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, USAHRC-STL.  That office stated, in effect, that the applicant was a 2x passover because he did not meet the required military education.  That office stated that, on 14 February 2007, the applicant requested a military education waiver but was denied (board convened on 12 March 2007).  That office stated that applicants have seven years to accomplish completion of the required military education prior to being considered by the promotion board and that the applicant did not meet the education requirements.  

8.  That office further stated the applicant indicated he could not complete his additional course phase due to his physical being outdated and not being allowed to enroll in the resident course.  Physicals are valid for five years and the applicant should have had enough time to obtain an updated physical prior to the selection board convening.  Notification was given to the applicant as early as September 2006 to update his physical according to the promotion screen database. 

9.  In his rebuttal to the advisory opinion, the applicant stated in part that he had requested an education waiver and that he had completed phase I of his advanced course.  He was trying to enroll into phase II, but was not able to because of an expired physical.  The applicant stated that in 2000 he started phase I of the correspondence course and did not complete phase I in time.  He re-enrolled in 2002.  In 2003, he was mobilized to Iraq and he returned in 2004.  He completed phase I and was not eligible for promotion because of not completing phase II.  He continues that he completed phase II in November 
2007 and just wants to stay in the USAR to finish his career.

10.  The applicant provided 16 pages of e-mail messages showing he and his unit attempted to get him enrolled in phase II of the QM advanced officer course before and after his mandatory board.

11.  Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes the policies and procedures for promotion of Reserve officers.  Chapter 2 provides that mandatory selection boards will be convened each year to consider Reserve Component officers in an active status for promotion to CPT to LTC.  In order to be qualified for promotion to MAJ, an individual must have completed 7 years time in grade as a CPT, the Combined Arms and Services Staff School (CAS3), and an officer advanced course on or before the convening date of the respective promotion board.

12.  Army Regulation 135-155, chapter 2 states that Headquarters, Department of the Army (HQDA) is the approval authority for all requests for exception of nonstatutory promotion requirements, which include education requirements.  Requests for exception to nonstatutory promotion requirements will be forwarded with complete justification.  

13.  Army Regulation 135-155, paragraph 4-34 states that an officer twice nonselected for promotion by a mandatory Reserve of the Army selection board must be removed within the prescribed time limits.  However, subject to the needs of the Army, officers pending separation because of having twice failed to be selected for promotion to MAJ or LTC, may be selectively continued on the Reserve Active-Status List in their present grade.  

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was promoted to CPT in June 1996.  He should have known at that time that he needed the advanced course to be promoted to MAJ and could have enrolled in the officer advanced course at that time.  

2.  The applicant states that he was enrolled in Phase I of the QM Officer Advanced Course in 2002.  In 2003, he was deployed to Iraq and returned in 2004.  His explanation as to why he did not complete his military education by March 2007 was because there were no funds available for him to take a physical.  The advisory opinion noted that records at USAHRC – STL show he was notified in September 2006 to update his physical.  He should have realized before that date that his physical would soon be outdated and made earlier arrangements to take his physical.  He provides no evidence to show when he first attempted to take his physical but was unable to do so based upon a lack of funds.

3.  Based on the fact that the applicant had not completed his military education by the convening date of the 2007 promotion selection board, he was not qualified for promotion.  The requirement for completion of the officer advanced course is a long-standing requirement for promotion to MAJ which he could have started working towards as early as 1996.  He provided insufficient justification to show why his records should be corrected to show that an education waiver was granted.  

4.  It is noted that the applicant has been selectively continued in the service.  He will continue to be considered for promotion.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__MKP__  ___SV W    __JCR__  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.




___Margaret K. Patterson_
          CHAIRPERSON


INDEX

CASE ID
AR20070011707
SUFFIX

RECON
21 FEBRUARY 2008
DATE BOARDED

TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
131.1000.0000
2.

3.

4.

5.

6.