IN THE CASE OF:
BOARD DATE: 20 November 2008
DOCKET NUMBER: AR20080014944
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).
CONSIDERATION OF ADDITIONAL EVIDENCE:
10. On 29 September 2008, new information was received from the Chief, Special Actions Branch, United States Army Human Resources Command, St. Louis, Missouri, in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002705, dated 8 July 2008. Specifically, education waivers for the officer basic course are not authorized and second lieutenants are not considered by special selection boards for promotion. Hence, the Board's approved recommendation could not be implemented.
11. Orders B-06-704459, dated 22 June 2007, promoted the applicant to first lieutenant effective 13 June 2007, with a same date of rank.
12. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), at paragraph 2-8b(1), provides that an officer delayed to obtain a graduate degree and assigned to the Control Group (Officer Active Duty Obligor (OADO)) or under administrative control of the Control Group (OADO), with concurrent assignment to a Reserve Component unit, will be determined educationally qualified for promotion to first lieutenant or captain during the period of this assignment.
13. Army Regulation 135-155, at Table 2-2, as pertains to promotion from second lieutenant to first lieutenant, the military education requirement for basic branch officers is a resident officer basic course.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
5. The decision of the ABCMR in Docket Number AR20080002705, dated 8 July 2008, erroneously granted the applicant a waiver of his military education (officer basic course) and directed that his records be submitted to a duly constituted selection board/advisory board for promotion consideration for first lieutenant under the 2006 year criteria.
6. The supplemental evidence states that education waivers are not authorized for the officer basic course and second lieutenants are not considered for promotion by selection boards; hence, they also are not eligible for consideration by special boards.
7. The applicant had been considered for promotion to first lieutenant by the March, September, and December 2006, and the March 2007 Administrative Promotion Boards and was not selected for promotion due to not having completed an officer basic course.
8. The applicant stated, in his rebuttal to the advisory opinion in this case, that he began attending law school immediately after receiving his bachelor's degree. He continued to drill and attempted to schedule the officer basic course, which was cancelled several times. He did complete the course on 13 June 2007.
9. His battalion commander stated in a letter of support for this case that the applicant's circumstances fell under the provisions of Army Regulation 135-155, paragraph 2-8, pertaining to second lieutenants assigned to the Officer Active Duty Obligor (OADO) Control Group. These officers are considered educationally qualified for promotion to first lieutenant during the period of assignment.
10. The evidence shows that the applicant was assigned to the Annual Training Control Group and not the OADO Control Group. Therefore, he did not qualify for promotion to first lieutenant until completion of an officer basic course.
11. The intent of the ABCMR in this case was to provide the applicant, as a matter of equity, another consideration for promotion to first lieutenant under the 2006 year criteria by granting him a waiver of completing the officer basic course. However, the directive as written in AR20080002705 would apply only to an officer serving in an active USAR status in the grade of captain or above. This unintended administrative error is regretted and must be corrected. Therefore, the entire Board Determination/Recommendation section and its subsequent approval should be voided and have no force or effect.
12. The officer basic course for the applicant was a mandatory requirement. However, because of the recommendation made in the ABCMR 8 July 2008 case, it would now be appropriate and equitable to recommend under the ABCMR's Secretarial Authority that the applicant's record, as an exception to policy for this case only, be corrected to show only his date of rank for first lieutenant as 20 June 2006. The effective date of promotion will remain as the date of course completion, 13 June 2007.
BOARD VOTE:
___X____ ___X____ ___X___ 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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20080002705, dated 8 July 2008, by:
a. voiding the BOARD DETERMINATION/RECOMMENDATION section of the 8 July 2008, which now has no force or effect; and
b. showing his date of rank as a first lieutenant is changed to 20 June 2006 as an exception to policy for this case only.
_______ _ 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) AR20080014944
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
SUPPLEMENTAL RECORD OF PROCEEDINGS
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ABCMR Supplemental Record of Proceedings (cont) AR20080014944
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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