IN THE CASE OF:	  

		BOARD DATE:	        9 JUNE 2009

		DOCKET NUMBER:  AR20080019718 


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 adjustment of his dates of rank to Captain and Major based upon a new date of rank to Captain of 23 September 2001.

2.  The applicant states he was eligible for promotion to Captain on 23 September 2001, which would have made him eligible for promotion to Major on 1 January 2008.  He contends his career manager created a situation whereby he could not meet his civilian educational requirements because he was deployed overseas to Korea, instead of receiving a degree completion assignment.

3.  The applicant provides:

	a.  a DA Form 1059-1 (Civilian Institution Academic Evaluation Report), dated 30 December 2002, showing his degree completion;

	b.  a copy of a Troy State University transcript and diploma;

	c.  a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty);

	d.  a copy of promotion orders to Captain, dated 28 October 2002; 

	e.  a copy of orders to active duty as a Second Lieutenant upon graduation from Officer Candidate School (OCS);

	f.  a copy of his Oath of Office, dated 23 September 1998; and

	g.  a copy of his Officer Record Brief (ORB).

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Second Lieutenant on 23 September 1998 upon his successful completion of Officer Candidate School (OCS).  He was promoted to First Lieutenant on 23 March 2000.

2.  The applicant was selected for promotion to Captain by the Fiscal Year 2001 Captain Army Competitive Category Promotion Selection Board and given a promotion eligibility date of 31 March 2002.

3.  On 31 March 2002, the applicant did not have a baccalaureate degree or an approved waiver for that degree.  He obtained his baccalaureate degree on 23 October 2002 and was promoted on 1 November 2002.

4.  In an advisory opinion, dated 13 February 2009, the Chief, Special Actions Branch, Department of the Army Promotions, US Army Human Resources Command – St. Louis, Missouri, stated that the applicant was not promoted to Captain as scheduled on 31 March 2002 because he failed to meet civilian educational requirements.  He met the civilian educational requirements on 23 October 2002 and was promptly promoted to Captain on 1 November 2002.  Based on the foregoing, it was recommended the Army Board for Correction of Military Records (ABCMR) deny the applicant’s request.

5.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 27 February 2009, but he failed to respond.

6.  Army Regulation 600-8-29 prescribes the policies and procedures for promotion of active duty officers.  This regulation states, in part, that to be considered for promotion, an officer must be on the active duty list (ADL) on the date the board convenes.  An officer must completed 2 years time in grade to be promoted to captain.  Commissioned officers are promoted from promotion lists in order of seniority (shown by the promotion sequence number) as additional officers are needed within each competitive category.  Promotions would be announced in Headquarters, Total Army Personnel Command (PERSCOM) orders.  

7.  Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army) prescribes policy, eligibility requirements, and administrative procedures for the appointment of commissioned and warrant officers in the Regular Army.  The regulation establishes civilian educational requirements and states an original appointment as a commissioned officer in the Regular Army in the basic branches may be given only to a person who has a baccalaureate degree, except OCS graduates who have completed 90 semester hours of college study and who are able to complete a baccalaureate degree from an accredited educational institution prior to the consideration by the captain promotion board.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers of the US Army Reserve (USAR).  It states effective 1 October 1995, no person may be selected for promotion to the Reserve grade of Captain 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his date of rank for promotion to Captain be adjusted to 23 September 2001, with a corresponding adjustment of his date of rank to Major based on the 23 September 2001 Captain date.

2.  The applicant was an active duty officer whose source of appointment was OCS.  He did not have a college degree when he graduated from OCS and was required by regulation to have a degree (or a waiver) in order to be promoted to Captain.

3.  The applicant was selected for promotion to Captain by the Fiscal Year 2001 Captain Army Competitive Category Promotion Selection Board; his promotion eligibility date was established as 31 March 2002, not 23 September 2001.

4.  The applicant was not promoted on his promotion eligibility date because he lacked a baccalaureate degree.  He obtained his degree on 23 October 2002 and was promoted on 1 November 2002.

5.  There is no error in the applicant’s promotion date to Captain; therefore, there is no requirement to adjust that date, or his date of rank to Major.

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)                                         AR20080019718





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080019718



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1