RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 February 2008
DOCKET NUMBER: AR20070011798
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 L. Engle
Analyst
The following members, a quorum, were present:
Mr. Patrick H. McGann, Jr.
Chairperson
Ms. Eloise C. Prendergast
Member
Mr. Michael J. Flynn
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 correction of his military record to add a waiver of the military education requirement for consideration for promotion to major, and that his record be reconsidered by a Special Selection Board for promotion to major under the 2007 criteria.
2. The applicant states that he is now educationally qualified.
3. The applicant provides copies of his memoranda to the Promotion Board and Chief, Office of Promotions; completion certificate of the Transportation Captains Career Course; active duty orders; and memorandum of support from his commander.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in Iraq as a captain.
2. On 24 July 1993, the applicant was appointed in the United States Army Reserve (USAR) as a second lieutenant.
3. The applicant was promoted to captain, USAR, with a date of rank of
20 March 2001.
4. On 20 April 2007, the applicant completed the Transportation Captains Career Course.
5. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, United States Army Human Resources Command, located at 1 Reserve Way, St. Louis, Missouri. It stated, in effect, that the applicant was considered and non-selected by the 2007 Department of the Army Reserve Components Selection Board for major. The board was held from 12 to 29 March 2007. He was non-selected because he did not meet the military education requirements. In August 2006, new guidance required completion of the non-resident portion of the officer advance course and to be scheduled for the resident phase. In February 2007 the applicant had requested a waiver of the military education requirement, but was denied based on the new guidance. The applicant completed the Transportation Captains Career Course on 20 April 2007 after the convening
date of the promotion selection board. The advisory official recommends that the applicant be granted an education waiver and be considered by a Special Selection Board under the 2007 criteria.
6. On 1 January 2008, the applicant concurred with the advisory opinion.
7. Army Regulation 135-155, provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR), and warrant officers of the USAR. It provides, in pertinent part, that the military education requirement for promotion to major is completion of the Officer Advanced Course not later than the day before the selection board convening date. The Commander, Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed his military education requirement approximately
39 days after the convening date of the promotion board. It would be unfair and result in too harsh a penalty not to grant him a waiver of his military education so that he may be considered by a special selection board.
2. In view of the above, the applicant's request for a waiver of his military education for calendar year 2007 should be granted.
BOARD VOTE:
_ECP __ __PHM__ __MJF___ 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:
a. waiving his military education requirement for calendar year 2007;
b. submitting his records to a duly constituted selection board/advisory board for promotion consideration for major under the 2007 year criteria;
c. showing his records are further corrected, if selected for promotion to major on his date of eligibility, as determined by appropriate Departmental officials, under the 2007 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and
d. notifying him, if he is not selected.
__ Patrick H. McGann, Jr.____
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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