IN THE CASE OF:	  

		BOARD DATE:	       24 SEPTEMBER 2009

		DOCKET NUMBER:  AR20090001995 


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, that her request for waiver of the minimum military education requirement for promotion to chief warrant officer four (CW4)/pay grade W-4 be reviewed and granted.

2.  The applicant states, in effect, she was considered for promotion to CW4 and the reason she was not promoted was because she had not completed the Warrant Officer Advanced Course (WOAC).  She also states that:

   a.  she took the Army Action Officer course in 1999 and has been trying to get into the WOAC since 1994.  In May 2005, she successfully obtained a WOAC class date; however, she had to decline the class because she became ill with pneumonia; and

   b.  in September 2005, she obtained another WOAC class date; however, she received deployment orders for Operation Iraqi Freedom (OIF) and that class seat was cancelled.

3.  The applicant provides, in support of her application, eighteen enclosures as identified on the Description of Enclosures attached to her application that includes thirteen electronic mail (email) message strings, medical records documenting her pneumonia, correspondence to the promotion board, and supporting letters.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 18 September 1986.   She was appointed as a Reserve warrant officer in the rank of warrant officer one (WO1) on 7 June 1995.

2.  The applicant's Integrated Total Army Personnel Data Base (ITAPDB) electronic record, Transaction History, accessible via the U.S. Army Human Resources Command (USA HRC), Integrated Web Services, shows:

   a.  on 13 May 2003, the applicant requested assistance in attending the WOAC.  She was advised that as a one-time passover for promotion to chief warrant officer three (CW3) in April 2002 her records were boarded again for CW3 in April 2003, and that she would not be authorized to attend any WOAC until she was either in a promotable status to CW3 or promoted to CW3;

   b.  on 7 June 2003, she was promoted to the rank of CW3;

   c.  on 29 June 2004, she was provided professional development news that advised:

       (1)  warrant officers in the rank of CW3 with an effective date of rank (DOR) of 1 January 2005 and after require completion of the Action Officer Development Course and WOAC for promotion selection to CW4; and
   
       (2)  warrant officers in the rank of CW3 with a DOR earlier than 1 January 2005 must meet the military education requirements [then] listed in Army Regulation 135-155, Table 2-3;

   d.  on 9 March 2005, she was scheduled to attend Phase I of the Reserve Component (RC) WOAC (WOAC-RC) starting 17 May 2005, pending an updated HIV test; and

   e.  on 9 May 2005, the USA HRC revoked the applicant's WOAC orders.

3.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was ordered to active duty in support of OIF on 8 September 2005, honorably released from active duty on 20 October 2006, and transferred to her USAR Troop Program Unit.




4.  The applicant's ITAPDB electronic record, Transaction History, also shows:

   a.  on 3 April 2007, the applicant asked about attending the WOAC and she was provided dates for the fiscal year 2008 (FY08) resident courses and information about the non-resident (online) WOAC-RC; and
   
   b.  on 21 September 2007, she was provided information pertaining to various phases of the FY08 WOAC-RC.

5.  Headquarters, USA HRC, St. Louis, MO, memorandum, dated 23 October 2008, subject:  Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter), shows the applicant was notified she had completed the required years of service and she was eligible for retired pay upon application at age 60 in accordance with the provisions of Title 10, U.S. Code, chapter 1223.

6.  The applicant's ITAPDB electronic record, Transaction History, also shows:

   a.  on 6 March 2009, she submitted a request, signed by her commander, for Phase I and Phase II of the WOAC-RC; and

   b.  on 8 July 2009, she was provided orders for her attendance at training beginning on 23 August 2009.

7.  In support of her application the applicant provides the following documents:

     a.  Email messages spanning the period 6 May 2003 through 24 September 2007.  The email messages document the following:

       (1)  the applicant's inquiries to her training manager concerning her WOAC eligibility;
   
       (2)  notification of the requirement for completion of the minimum military professional development education requirements for promotion selection for warrant officers with a DOR of 1 January 2005 or after.  The notification shows the Action Officer Development Course and WOAC are required for promotion selection to CW3, and the Warrant Officer Staff Course (WOSC) is required for promotion selection to CW4; 
   
       (3)  discussions about attending the WOAC-RC, Phase I, beginning in May 2005; cancellation of the WOAC-RC May 2005 class reservation due to medical reasons; and information and guidance pertaining to warrant officer promotions;
   
       (4)  cancellation of the WOAC-RC September 2005 class reservation due to overseas deployment to Kuwait; and

       (5)  enrollment in the January 2007 WOAC-RC, Phase I, including online testing; the applicant's difficulties with the online testing and need to reenroll in training classes; possible reenrollment in the October 2007 WOAC-RC, Phase I; and her declination for reenrollment in the class.

   b.  Medical records covering the period from 16 May to 25 May 2005 documenting the applicant's treatment for acute bronchitis and pneumonia;

   c.  A memorandum from the applicant to the President of the Promotion Board, dated 30 January 2008, requesting a waiver of the WOAC requirement for promotion to CW4 in which she outlines the history of her efforts to attend the WOAC and the reasons she had not been successful in scheduling and completing the course, which included her "civilian job and family schedules";

	d.  Headquarters, USA HRC, Office of Promotion, RC, St. Louis, MO, memorandum, dated 27 February 2006, from the Chief, Department of the Army Promotions, to the applicant denying the applicant's request for a waiver;

   e.  A memorandum of recommendation from CW5 David L. M______, USAR, Retired, dated 15 January 2009, who assisted the applicant on several occasions in her efforts to enroll in the WOAC.  He states the applicant was finally enrolled in the September 2005 WOAC, but was mobilized for OIF prior to the start of the class and she could not attend the course.  He supports her request and recommends approval of her request for a waiver; and

   f.  A memorandum from Lieutenant Colonel Gary H. D____, USAR, dated
28 January 2009, who deployed with the applicant in support of OIF and attests to the professional qualities she demonstrated during the year they were deployed together.  He also supports her request for a waiver of the military education requirement for consideration for promotion to CW4.

8.  In connection with the processing of this case, the Board requested and received an advisory opinion from the Chief, Special Actions, DA Promotions, USA HRC, St. Louis, MO.  The advisory official stated that the applicant is requesting a special selection board with an education waiver because she believes the request for a waiver was either not read or misunderstood:

   a.  The advisory official states the applicant sent in a military education waiver request for the 2008 CW4 DA RC Selection Board (RCSB) and the waiver request was received on 13 February 2008.  The request was denied because she had not completed any phases of the WOAC-RC.  A denial letter was sent to the applicant on 27 February 2008 suggesting she make every attempt to complete the education requirement prior to the next CW4 DA RCSB;
   
   b.  The advisory official states that there is no evidence the applicant has completed the WOAC.  He adds that a military education waiver is for board purposes only; it does not waive the training requirement for promotion; and
   
   c.  The advisory official opines that the applicant needs to make the military education requirement a priority in order to be competitive for the next board.

9.  On 1 July 2009, the applicant was provided a copy of the USA HRC advisory opinion in order to have the opportunity to respond.  On 14 August 2009, she provided her rebuttal to the advisory opinion and stated, in effect, that:

   a.  the USA HRC advisory opinion implies she has not made military education a priority; however, the documentation she provided in support of her original request documents more than 6 years of correspondence and attempts to obtain a class date;

   b.  she provides a summary of each of the thirteen email message strings; 

   c.  she asserts the documentation supports the countless times and various methods she sought to obtain the required training and adds that she is attending the training; and

	d.  she concludes by again requesting a waiver for training/education for promotion purposes and promotion to the rank of CW4 effective 7 June 2009 (i.e., the 6-year time in grade point of her promotion to CW3).

10.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States and the commissioned and warrant officers of the USAR.  Chapter 2 (Promotion Eligibility and Qualification Requirements), Section III (Board Considerations), paragraph 2-15 (Exceptions), subparagraph b (General exceptions), states that the Commander, USA HRC, Chief, Office of Promotions (RC), is the approval authority for exceptions to all non-statutory promotion requirements.

11.  Army Regulation 135-155, Table 2-3 (Warrant Officer Time in Grade and Military Education Requirements) of this regulation outlines the service requirements for promotion and indicates that for promotion to CW4 the maximum years in the lower grade is 6 years.  This table also shows that the minimum military education requirement for promotion to CW4 is the WOAC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her request for a waiver of the minimum military education requirement for promotion to CW4 should be granted and she should be promoted to the rank of CW4 effective 7 June 2009.

2.  The applicant's request, along with the documentary evidence she provides in support of her request were carefully considered:

   a.  the applicant was promoted to the rank of CW3 on 7 June 2003;

   b.  the applicant's class reservation for the May 2005 WOAC-RC was cancelled due to medical reasons, and her class reservation for the September 2005 WOAC-RC was cancelled due to overseas deployment to Kuwait;

   c.  the applicant was enrolled in the January 2007 WOAC-RC, Phase I; she encountered difficulties with the online testing; and was notified she could be reenrolled in the October 2007 WOAC-RC, Phase I; however, the applicant declined reenrollment; and

   d.  On 30 January 2008, the applicant requested a waiver of the minimum military education requirement for promotion to CW4.  In addition to the reasons cited in paragraphs 2b and 2c (above) for not completing the WOAC, she stated that, since returning from deployment, she has not been successful in scheduling and completing the course because of "civilian job and family schedules."

3.  The applicant's request for a waiver of the minimum military education requirement for the 2008 CW4 DA RCSB was denied because she had not completed any phases of the WOAC-RC.

4.  The applicant is currently enrolled in the WOAC that began 23 August 2009.

5.  Thirteen email message strings over a 6-year period does not necessarily equate to a 6-year struggle to schedule and complete the military education requirement.

6.  Both professional and personal reasons have contributed to the applicant's inability to complete the WOAC.  However, none of the reasons (alone or in combination) were so compelling as to prevent her from completing the minimum military education requirement for promotion to CW4 within this 6-year period. Therefore, there is no basis for granting the applicant a waiver of the minimum military education requirement for promotion to CW4 and the applicant is not entitled to promotion to the rank of CW4.

7.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20090001995



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ABCMR Record of Proceedings (cont)                                         AR20090001995



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