IN THE CASE OF:	  

		BOARD DATE:	        4 November 2008

		DOCKET NUMBER:  AR20080015606 


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 a military education waiver and promotion reconsideration to major (MAJ) by a special selection board (SSB) under the fiscal year (FY) 2008 criteria. 

2.  The applicant states, in effect, that his promotion packet was considered by the 2008 Major Army Promotion List (APL) Board, however, he was not selected for promotion due to lack of an education waiver.  He further states that prior to the convening date, he wrote to the President of the Board to inform him that he would have met the education requirements by the time the Board convened and that these were the instructions he was given by his unit senior human resources specialist.  He further states that he recognizes that as an officer, he is responsible for his own career and should have read the instructions which would have informed him to request a waiver; however, he depended on the advice provided by his senior human resources specialist. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  Memorandum, dated 30 June 2006, U.S. Army Human Resources Command (HRC), St. Louis, MO, Notification of Promotion Status.

	b.  E-mail exchange between the applicant and the Chief, Special Actions-Promotions, HRC, St. Louis, MO, dated on miscellaneous dates in July and August 2008.

	c.  E-mail exchange between the applicant and his Senior Human Resources Specialist.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the U.S. Army Reserve for a period of 8 years on 6 August 1985.  He subsequently entered active duty on 20 November 1985, completed basic combat and advanced individual training, and was honorably separated on 8 August 1986 and attained the rank/grade of specialist (SPC)/E-4.

2.  On 15 March 1992, the applicant executed a 6-year reenlistment in the USAR under the Simultaneous Membership Program (SMP), a volunteer officer training program that allows Army National Guard and Army Reserve enlisted members to participate in the Advanced Reserve Officers Training Program (ROTC).  He was enrolled at the University of South California, Los Angeles, California.  

3. On 7 September 1993, he submitted an application for appointment as a commissioned officer in the Regular Army.

3.  On 6 May 1994, the applicant was appointed as an infantry commissioned officer in the USAR as a second lieutenant and executed an oath of office on the same date.  He was subsequently ordered to active duty for a period of 3 years, and entered active duty on 16 May 1994.  He completed the Infantry Officer Basic Course on 1 November 1994 and he was assigned to 1st Battalion, 505th Infantry, Fort Richardson, Alaska, on 2 November 1994.  He was promoted to first lieutenant (1LT) on 4 April 1996.

4.  On 4 April 1997, the applicant completed the Basic Ordnance Materiel Management Branch Qualification Course and was subsequently promoted to captain (CPT) on 1 June 1998.

5.  On 1 July 2004, by memorandum, HRC-St. Louis notified the applicant that he was considered by a Department of the Army (DA) Reserve Components Selection Board (RCSB) for promotion to MAJ but not selected.  The memorandum, further alerted the applicant to the mandatory education requirements for promotion as specified in Army Regulation (AR) 135-155 (Promotion of Commissioned Officers and warrant Officers Other than General Officers) and that if he had completed the education requirements not later than the day before the selection board convened, he could request reconsideration by applying to the Chief, Office of Promotions at HRC-St. Louis, MO.  

6.  On 8 August 2004, the applicant was ordered to active duty and subsequently served in Kuwait/Iraq from 16 September 2004 to 16 July 2005.  He was honorably released from active duty to the control of his USAR unit on 5 August 2005.

7.  On 28 June 2005, by memorandum, the HRC-St. Louis, MO, notified the applicant that he was considered for promotion to MAJ by the 2005 DA RCSB that convened on 8 March 2005, and he was not selected.  

8.  On 30 June 2006, by memorandum, the HRC-St. Louis, notified the applicant that he was considered for promotion to MAJ by the 2006 DA RCSB that convened on 14 March 2006, and he was not selected.

9.  On 20 February 2008, the applicant submitted a request for a waiver of the statutory education requirements for promotion to MAJ by the 2008 DA RCSB.  In his request, he remarked that he completed Phase I of the Captains Career Course in December 2007 and that he was enrolled in Phase II, 4 April 2008 to 28 April 2008, and Phase II, 28 April 2008 to 9 May 2008, and that upon completion of both phases, he would request to be enrolled in the resident course at Fort Gordon, Georgia.

10.  On 28 February 2008, by memorandum, the HRC-St. Louis, denied the applicant’s request for a waiver for the 2008 DA MAJ RCSB and remarked that based on recent guidance from the Director of Military Personnel Management, in order to be eligible for a waiver of military education requirement to MAJ, the applicant must have completed at a minimum, the non-resident portion of the course and be scheduled for the resident phase.  

11.  AR 135-155 prescribes the policies and procedures for the promotion of Reserve and Army National Guard officers.  To qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in table 2-2 of this regulation not later than the day before the selection board convenes.  

12.  AR 135-155 also specifies that promotion reconsideration by an SSB may only be based on erroneous non-consideration or material error, 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 civilian and/or military schooling.

13.  AR 135-155 further specifies that the Commander, HRC, Chief, Office of Promotions (Reserve Components) is the approval authority for all requests for exception to non-statutory promotion requirements.  Requests must contain complete justification, including recommendations of intermediate commanders when applicable.  The ABCMR has the authority to grant a waiver for education for a past criteria.

14.  Department of the Army Pamphlet 600-3 (Commissioned Officer Development and Career Management) introduces the Captains' Career Course which combines the branch Advance Course and the Combined Arms and Services School.  It states that the branch Captains' Career Course prepares company grade officers to command and train at the company, battery, or troop level and to serve as staff officers at battalion and brigade levels.  The course is in two phases.  The first phase provides advanced branch training and common core instruction.  It prepares students to, among other things, establish and maintain a disciplined command climate; execute the unit's assigned missions; command, control, lead, supervise, discipline, train, develop, and mentor subordinate leaders and care for subordinates and their families; plan, supervise and evaluate unit leader training and development and personnel, administration, supply, maintenance, safety, and security actions; and administer the Uniform Code of Military Justice at the company level.  The second phase provides staff training.  It develops officers to function effectively as staff officers by improving their abilities to analyze and solve military problems, interact as staff members, and broaden their understanding of Army operations, organizations, and procedures.  This course is unique in that it provides an officer's first integrated instruction with officers from different branches of the Army.  

15.  On 14 August 2003, the U. S. Army Reserve Personnel Command explained that the Reserve OAC is transitioning to the Captains' Career Course.  The first phase of the Captains' Career Course consists of two phases -- phase 1 is correspondence and phase 2 is resident attendance -- and is basically the same course of instruction provided by the old OAC.  The second phase of the Captains' Career Course also consists of two phases.  Again, phase 1 is correspondence and phase 2 is resident attendance and is basically the same course of instruction provided by the old Combined Arms and Services School.





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was promoted to CPT on 1 June 1998.  He has had an ample opportunity to complete the military education requirements necessary for his promotion consideration to MAJ.  He did not do so.  Furthermore, he was notified after the 2004 RCSB that if he had completed the education requirements not later than the day before the selection board convened, he could request reconsideration by applying to HRC-St. Louis.

2.  The applicant’s order to active duty and subsequent deployment in support of Operation Iraqi Freedom is noted.  Furthermore, his efforts in pursuing his military education with a goal of completing an Officer Advanced Course at a future date are also noted.  Nevertheless, when his records were considered by the 2004, 2005, and 2007 RCSBs, he lacked the military education requirement.  Accordingly, he was not selected for promotion. 

3.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  It is further noted that the applicant knew or should have known that completion of a bachelor degree has been a long-standing regulatory requirement.  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.  

4.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

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.



															XXX
      _______ _   _______   ___
               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)                                         AR20080015606



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ABCMR Record of Proceedings (cont)                                         AR20080015606



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