IN THE CASE OF:	

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080007161 


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 civilian education waiver and promotion reconsideration to captain by a special selection board (SSB) under the 2007 year criteria.  She also requests that her application be processed expeditiously.

2.  The applicant states, in effect, that she was not selected for promotion to captain in November 2007 because she did not complete the civilian education requirement.  She also states, in effect, that she was not granted a civilian education waiver.  She completed her degree in March 2008, four months after the board met.  She had extenuating circumstances for not completing her bachelor's degree requirement, to include mobilizations/deployments and medical concerns that prevented degree completion by the November 2007 promotion board.  She was called to serve her nation, which delayed degree attainment.  She continued to strive for degree completion and now meets the requirement and has gone a step further to begin a Master degree program.  

3.  In support of her application, the applicant provides copies of her DD Forms 214 (Certificate of Release or Discharge from Active Duty); her husband's DD Form 214; her mobilization/deployment orders; her 1999, 2000, 2001, 2003, 2005, 2006, and 2007 officer evaluation reports; her Notice of Second Nonselection for Promotion to Captain memorandum, her letter from Faulkner University, her Bachelor of Science degree; and several recommendations for expedite review.



CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the United States Army Reserve, as a second lieutenant, effective 22 May 1999.  

2.  The applicant submits documentation that shows on 9 April 2000, she became ill and was taken to the hospital.  She also submits documentation that shows she was being followed by a medical doctor from June 2000 to August 2001 for a suspected cerebrovascular condition.

3.  The applicant was promoted to first lieutenant effective 27 February 2003.

4.  The applicant entered on active duty effective 2 January 2004 in support of Operation Iraqi Freedom.  She was released from active duty effective 3 April 2005 and was transferred to her Reserve unit.  She again entered on active duty effective 3 October 2005 in support of Operation Enduring Freedom.  She was released from active duty effective 10 December 2006 and was transferred to her Reserve unit.

5.  The applicant was ordered to active duty in an Active Guard Reserve (AGR) status effective 4 December 2006.

6.  The applicant was considered and not selected for promotion to captain by the 2006 and 2007 Reserve Components Selection Boards that convened on 7 November 2006 and 6 November 2007, respectively.  She was found not qualified for promotion in 2007 based on the lack of the required civilian education, a baccalaureate degree.

7.  In a memorandum, dated 26 October 2007, the applicant requested an educational waiver because of extenuating and mitigating circumstances.

8.  In a memorandum, dated 1 April 2008, the Deputy Commanding General, Headquarters, US Army Reserve Command, Fort McPherson, Georgia, strongly recommended the applicant be granted promotion to captain and retention in the AGR Program for the good of the Army and its Soldiers.  They need officers with the applicant's bedrock values, moral and ethical standards, and natural leadership prowess to lead and care for Soldiers and families.

9.  In a memorandum, dated 21 April 2008, the Deputy Commanding General, Headquarters, 81st Regional Readiness Command, Birmingham, Alabama, requested expeditious review of the applicant's request.  He stated that the matter was urgent because the applicant was the primary provider for her family and separation from the Army would create a dire hardship.  The applicant was currently serving in the AGR Program and only has until 26 July 2008 to have the disposition of her case completed in order for possible retention in the AGR program.  He also stated that he had the distinct privilege to have the applicant serve as his Aide de Camp.  He strongly recommended and endorsed the applicant for retention as a commissioned officer in the Army and as a member of the AGR Program.  He further stated the applicant is truly a sound investment in the Army.  It would be a great loss of investment if she is not granted the opportunity for retention as a commissioned officer and retention in the AGR Program.

10.  The applicant was awarded a Bachelor of Science degree on 3 May 2008.

11.  Army Regulation 135-155 prescribes the policies and procedures for the promotion of Reserve components officers.  This regulation specifies that promotion consideration/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.  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 civilian and/or military schooling.

12.  Army Regulation 135-155 further specifies that for a first lieutenant to be eligible for promotion to captain, the officer must be awarded a baccalaureate degree from an accredited educational institution prior to the convening date of the promotion board.  This policy has been in effect since 30 September 1995.

13.  The regulation further specifies that the Chief, Office of Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., civilian education), and that requests must contain complete justification and be received prior to the board convening date.  The Army Board for Correction of Military Records (ABCMR) has the authority to grant a waiver for the civilian education for a past year criteria.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's, and her command's contention, that she was unable to complete her degree due to mobilizations/deployments and medical concerns have been noted and are found to have merit. 

2.  The evidence of record shows that based on the applicant's medical concerns from 2000 to 2001 and her mobilizations/deployments from January 2004 to April 2005 and from October 2005 to December 2006, she was unable to continue and complete degree requirements prior to the convening date of the 2007 Reserve Components Selection Board.  

3.  The ABCMR has the authority to grant an exception to policy and grant a waiver for the civilian education requirement considering the circumstances of the individual officer concerned.  The applicant completed her degree on 3 May 2008.

4.  The applicant's command supports her efforts and considers her a valuable asset to the Army and the AGR Program.  Therefore, based on the circumstances presented, the officer's mobilization and subsequent deployments in support of Operation Iraqi Freedom and Operation Enduring Freedom, she is entitled to an exception to policy for the civilian education requirement for promotion reconsideration to captain under the 2007 year criteria and that she be retained in her current commissioned officer status in the AGR Program until final disposition of her reconsideration by a SSB. 

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

___x____  ____x___  ____x___  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 the civilian education requirement for consideration for promotion to captain under the 2007 year criteria.

2.  That the applicant be retained in her current commissioned officer status and in the Active Guard Reserve Program beyond any scheduled release date until final disposition of her reconsideration by a special selection board.

3.  That following administrative implementation of the foregoing, the applicant's records be submitted to a duly constituted special selection board for promotion reconsideration to captain under the 2007 year criteria.

4.  That, if selected, her records be further corrected by showing she was promoted to captain on her date of eligibility, as determined by appropriate Departmental officials, using the 2007 year criteria, provided she was otherwise qualified and met all other prerequisites for promotion.

5.  That if not selected, the applicant be so notified and appropriate action be taken regarding her active duty status and retention.




      ___________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)                                         AR20080007161



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ABCMR Record of Proceedings (cont)                                         AR20080007161


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