IN THE CASE OF:	  

		BOARD DATE:	       2 JUNE 2009

		DOCKET NUMBER:  AR20090001183 


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 military education waiver and promotion reconsideration to lieutenant colonel by a special selection board (SSB) under the 2008 year criteria.  

2.  The applicant states, in effect, that he was not selected for promotion to lieutenant colonel by the 2008 Reserve Components Selection Board (RCSB) because he was deemed educationally unqualified.  The minimum requirement for promotion to lieutenant colonel was the completion of Phase 2 of the ILE (Intermediate-Level Education) course.  He requested a military education waiver for having completed Phase 2 of the ILE on 8 September 2008.

3.  In support of his application, the applicant provides copies of his DA Form 1059 (Service School Academic Evaluation Report) and his electronic mail (email) and memorandum to the 2008 board.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he was appointed in the United States Army Reserve, as a second lieutenant, effective 25 February 1988, with prior enlisted service.  He was promoted to major effective 27 June 2001.

2.  On 8 September 2008, the applicant submitted an email and memorandum to the 2008 RCSB requesting a waiver for the non-statutory military education requirement.  He stated that he had submitted all of the requirements for Phases 1 and 2 and expected to complete Phase 3 of the non-resident ILE on or before 18 October 2008.  He also stated, in effect, that he was mobilized/
deployed to Afghanistan from 2002 to 2003 and from 2004 to 2005.  In 2007, he volunteered to go to Iraq.  He was requesting a military education waiver based upon his real-world mobilization and deployment experience in support of the Global War on Terrorism as well as his staff work at Headquarters, Department of the Army.

3.  The applicant was considered and not selected for promotion to lieutenant colonel by the 2008 RCSB that convened on 8 September and recessed on 24 September 2008.  He was found not qualified for promotion based on the lack of the required military education.

4.  The applicant completed US Army Command and General Staff Officer Course (USACGSOC) ILE effective 18 November 2008.   

5.  The applicant's records show he completed all previous required military education in a timely manner for promotion to the next higher grade.

6.  In an advisory opinion, dated 2 March 2009, the Chief, Special Actions Branch, DA Promotions, Human Resources Command (HRC), St. Louis, Missouri, stated that the applicant's name was not on the roster of officers who requested a waiver for the 2008 Lieutenant Colonel RCSB.  The applicant's request was dated 8 September 2008, the convening date of the board; therefore, if it had been received in the office of promotions it would have been denied due to the lateness of the request.  Since the applicant has now completed the ILE-Common Core (ILE-CC), the office of promotions recommends that he be granted a waiver for the 2008 year criteria.  

7.  The opinion was forwarded to the applicant for acknowledgement/rebuttal on 3 April 2009 and he concurred on 6 April 2009.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies that in order to be promoted to lieutenant colonel an individual must have completed 7 years of time in grade as a major and the required military education on or before the convening date of the respective promotion board.  This regulation also specifies that promotion consideration/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.  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.
9.  Army Regulation 135-155 further specifies that the Chief, DA Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military education), and that requests must contain complete justification and be received prior to the board convening date.  

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, it would be equitable to show that the applicant was granted a military education waiver and that he be granted promotion reconsideration to lieutenant colonel by an SSB under the 2008 year criteria.  

2.  The HRC, St. Louis, advisory opinion indicates that an educational waiver would have been granted had the applicant sought one prior to the convening date of the 2008 RCSB.  The evidence shows the applicant did request a waiver; however, it was submitted on the date the board convened.  It appears that due to mobilization and deployment he did not purposefully neglect to complete the required military education for promotion opportunity to lieutenant colonel.  A review of the applicant's records revealed a pattern for completion of the required military education in a timely manner for promotion opportunity.  

3.  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 by showing the applicant's request for the required military education waiver was approved prior to the convening date of the 2008 lieutenant colonel RCSB.

2.  That, following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB for promotion consideration to lieutenant colonel under the 2008 year criteria.

3.  If selected for promotion, the applicant’s records should be corrected by showing he was promoted to lieutenant colonel on his date of eligibility, as determined by appropriate Departmental officials, using the 2008 year criteria under which he was selected, provided he was otherwise qualified and met all other prerequisites for promotion.

4.  If not selected, the applicant should be so notified.




      _______ _   ___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)                                         AR20090001183





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001183



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1