IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070013080 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, a military education waiver for promotion reconsideration to Lieutenant Colonel (LTC) by a special selection board (SSB).

2.  The applicant states that his OMPF shows that he received completion certification for 50% of the Command and General Staff Course (CGSC) as required for promotion.  However, he does not have a copy and St. Louis has advised him that they can not find any documentation to support it.  Based upon this he is requesting a waiver of the education requirements for consideration of promotion to LTC on the next selection board.  He believes that he was competitive and had met the minimum standards for promotion had he not completed the Legacy CGSC or enrolled in the Intermediate Level Education (ILE) Common Core.  As a show of good faith he will enroll in the ILE and complete the entire course within 6 months.  The applicant also requests that this Board take into consideration that many other officers have been promoted to LTC without meeting the education requirements.  He respectfully requests that this Board also consider that he has been furthering his professional education during his attendance at the Federal Bureau of Investigation’s basic trainee course which was 4 months in length and also during the 6 month certification course as an intelligence officer with a government agency.  Completion of these courses demonstrates that he has the education background and ability to meet the standards of the education requirements.  Based on the above, he respectfully request that he be given a waiver for the education requirements and be considered for promotion to LTC. 

3.  The applicant provides copies of his military electronic record which shows that he attended the Combined Arms and Services Staff School of the U.S. Army CGSC from 6 January 1993 to 9 March 1993. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the United States Army Reserve (USAR) as a second lieutenant effective 25 May 1986 and entered active duty on 21 November 1986.

2.  The applicant was promoted to first lieutenant effective 26 January 1988 and he was promoted to captain effective 1 February 1991.

3.  The applicant’s military electronic record indicates that he attended the Combined Arms and Services Staff School from 6 January 1993 to 9 March 1993.  This course is not equivalent to the CGSC for promotion to LTC in accordance with regulatory guidance. 

4.  He was separated from active duty on 1 August 1995 under the (Early Release Program-Special Separation Benefit) and was transferred to the USAR Control Group (Reinforcement) effective 1 August 1995.  On 31 January 1998, the applicant was promoted as a Reserve Commissioned Officer of the Army under the provisions of Army Regulation 135-155.  The effective date of the promotion was 31 January 1998.  

5.  The applicant’s record shows that he was considered and not selected for promotion to LTC by the 2006, and 2007 Reserve Components Selection Boards (RCSB).  He was found not qualified for promotion based on the lack of the required military education.

6.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Army Human Resources Command – St. Louis, Missouri, expressed the opinion that the applicant submitted a request for a special selection board based on being omitted from the 2006 LTC Department of the Army Reserve Components Selection Board.  Upon review of his official military personnel file, it was determined that the applicant’s military education could not be verified in order to meet the education requirements for the promotion board.  The military education requirement for 2006 selection board was 50 percent completion of the Legacy Command and General Staff College or 100 percent completion of the ILE- Common Core, or equivalent.  The military education guidance memorandum dated 31 August 2006 signed by Major General S--- B---states in order to be eligible for a waiver for LTC boards, the officer must have completed at a minimum phase one and two of non-resident ILE-CC.   He continues by adding that the applicant was also considered, but not selected because he did not meet the military education requirement for the 2007 LTC selection board.  The applicant’s military education waiver was denied on 17 September 2007, because his request was not in compliance, (the first was unsigned) and the second request was received after the convening date of the selection board and it still was not in compliance with the guidance memorandum.  It was recommended the applicant's request be denied.

7.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 23 January 2008, the applicant did not respond to the recommendation of the advisory opinion.

8.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a SSB may only be based on erroneous non-consideration or material, 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 non-selection 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 non-selection, except where an individual is not qualified due to non-completion of required military schooling.

9.  Army Regulation 135-155 also specifies that completion of 50 percent of the CGSOC is required for promotion to LTC on or before the convening date of the respective board.  The regulation further specifies that majors who have failed selection for promotion to lieutenant colonel a second time will be separated unless the officer can be credited with 18 years or more than 20 years of qualifying service.  Separation will be the first day of the month the officer completes 20 years of commissioned service.

10.  Army Regulation 350-1 provides the policy for Army training and education programs.  This regulation specifies that the nonresident CGSOC is equivalent to the resident course for satisfying career-schooling requirements.  It is presented in two formats and must be completed within 36 months of enrollment.  






DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to a military education waiver and promotion reconsideration to LTC.  He was fairly considered twice for promotion to LTC and not selected.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant’s contentions that he should have received a waiver of the education requirements for promotion to LTC because according to his Official File he has received credit for completing 50% of the CGSC, which is the minimum requirement for promotion to LTC was carefully considered and found to be without merit.  There is no evidence nor has the applicant submitted any evidence to support his claim.  The Academic Transcript that he submitted is not the CGSC or its equivalent.

3.  The applicant was not selected for promotion to LTC based on not meeting the required military education requirements by the board convening dates.  The applicant also has not submitted any proof of completion of the military education; he has not satisfactorily explained his delay in fulfilling his military education requirement prior to the 2006 and 2007 selection boards.  Based on the fact that the applicant had not completed his military education by the convening dates of the 2006 and 2007 promotion boards, he was not qualified for promotion.

4.  It is also noted that the applicant has failed to submit sufficient evidence showing that he was prevented from completing the required military education for promotion to LTC.  The applicant had 7 years to complete the required military education, which was ample time before he could expect promotion consideration to LTC and in advance of the respective RCSB's.  Therefore, the applicant is not entitled to the relief he is now requesting.  The requirement for 50 percent completion of CGSOC on or before the convening date of the respective board is a long-standing requirement for promotion to LTC. 

5.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  Given that the applicant became a major with a date of rank of 31 January 1998 and that he had to be considered by an RCSB so that, if selected, he could be promoted by the time he had served 7 years in the lower grade, the applicant knew, or should have known, that he would be considered for promotion to LTC by a RCSB as early as 2005 and that he needed to insure, well in advance, that his record would represent his career and qualifications to that board in the best possible light.

6.  In view of the foregoing, there is no basis for granting the applicant's request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X____  __X____  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.




       _    ____X___   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070013080



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ABCMR Record of Proceedings (cont)                                         AR20070013080



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