RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 February 2008
DOCKET NUMBER: AR20070013267
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. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Carmen Duncan
Member
Ms. Rea M. 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, that his records be corrected to show that he is educationally qualified for promotion to the rank of captain. Also, that his unaccredited Bachelors Degree from Buxton University be replaced with the Bachelor of Science Degree from Excelsior College.
2. The applicant states that his records contain a Bachelor Degree from Buxton University which is not accredited in the United States. He would like to have that degree replaced with the Bachelor of Science degree from Excelsior College. The Bachelor of Science degree from Excelsior College was conferred on 20 April 2007.
3. The applicant provides a copy of his Bachelors Degree; official transcripts from Excelsior College; and a letter from U.S. Army Human Resources Command (USAHRC) Office of Promotions, Reserve Component dated
20 August 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant's military service record shows he was appointed as a Reserve Commissioned Officer of the Army in the rank of second lieutenant on
9 September 1998. He continued to serve through a series of assignments as a U.S. Army Reserve (USAR) officer.
2. On 8 September 2000, the applicant was promoted as a Reserve Commissioned Officer in the grade of first lieutenant.
3. The letter from the Chief, Office of Promotions, Reserve Components, USAHRC, dated 20 August 2007, states that the applicant's record was considered for promotion, and not selected by the 2006 Captain Department of the Army Reserve Component Selection Board. The applicant did not meet the required civilian education at the time of the board because his degree from Buxton University was determined to be unaccredited.
4. In an advisory opinion from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, USAHRC, dated 3 October 2007, it stated that the applicant's record was considered, but not selected by the 2004, 2005, and 2006 Captain Department of the Army Reserve Component Selection Board because the applicant did not meet the required civilian education prior to the convening date of the board. The applicant requested consideration for a
Special Selection Board; however, Special Selection Boards 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 Silver Star and above, and missing officer evaluation reports. The applicant's 2004 Board consideration file did not contain any civilian education documents, and his 2005 and 2006 Board consideration files contained only a transcript and a diploma for an unaccredited Bachelors Degree from Buxton University in Maryland.
5. There is no evidence that the applicant responded to the advisory opinion.
6. On 20 April 2007, the applicant was conferred a Bachelor of Science degree from Excelsior College in New York, but he did not meet the required civilian education requirement until after the promotion boards convened. As such, the applicant would not have a basis for a Special Selection Board. The USAHRC recommended that the applicant be granted a civilian education waiver for calendar year 2006 only.
7. The transcript and diploma from Excelsior College in New York shows that the applicant enrolled into the Bachelor of Science Degree program on 28 August 2006 and was conferred a degree on 20 April 2007.
8. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, no person may be selected for promotion to the Reserve grade of CPT unless, not later than the day before the selection board convene date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense (DOD) for purposes of meeting officer educational requirements. All commissioned officers (other than AN [Army Nurse Corps] officers) initially appointed on or after 1 October 1987 must possess a baccalaureate degree from an accredited institution recognized by the U.S. Secretary of Education or have earned a baccalaureate degree from an unaccredited educational institution that has been recognized by DOD for the purposes of meeting officer educational requirements.
9. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket (MPRJ), the Career Management Individual File (CMIF), and Army Personnel Qualification Records (PQR).
Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation. Table 2 of the regulation pertains to the composition of the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show that he is educationally qualified for promotion to the rank of captain and that his unaccredited Bachelors Degree from Buxton University be replaced with the Bachelor of Science Degree from Excelsior College.
2. The applicant did not meet the civilian education requirement for the Captain Department of the Army Reserve Component Selection Board for calendar year 2004, 2005, and 2006. However, his records do show that he had an unaccredited Bachelor Degree from Buxton University dated 28 February
2005 and he did make an effort to meet the civilian education requirement by enrolling into another Bachelor Degree program on 28 August 2006 and being conferred a degree on 20 April 2007 at Excelsior College.
3. Although Buxton University is an unaccredited educational institution that has not been recognized by DOD for the purposes of meeting officer educational requirements, as an exception to policy, the applicant should be given a civilian education waiver for promotion consideration to captain by a Special Selection Board for calendar year 2006 only. Additionally, the unaccredited Bachelor Degree from Buxton University in the applicants OMPF should be replaced with the Bachelor of Science degree from Excelsior College.
BOARD VOTE:
__JTM_ _ __CD _ _ __RMN__ 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 by:
a. granting a civilian education waiver for promotion consideration to captain by a Special Selection Board for calendar year 2006 only; and
b. replacing the unaccredited Bachelors Degree from Buxton University in the applicants OMPF with the Bachelor of Science degree from Excelsior College.
2. That following administrative implementation of the foregoing, his records be submitted to a duly constituted Special Selection Board as deemed appropriate for promotion consideration for captain under the 2006 year criteria.
3. That if selected, his records be further corrected by showing he was promoted to captain on his date of eligibility, as determined by appropriate Departmental officials, using the 2006 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion.
4. That if not selected, the applicant be so notified.
___John T. Meixell __
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
DATE BOARDED
20080214
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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