IN THE CASE OF:
BOARD DATE: 20 January 2010
DOCKET NUMBER: AR20090006784
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, correction of his record to show he was eligible for promotion to lieutenant colonel (LTC) by the Fiscal Year 2008
(FY 2008) LTC Reserve Component Selection Board (RCSB).
2. The applicant states, in effect, that at the time the FY 2008 LTC RCSB convened, he was in fact enrolled in the United States Army Command and General Staff Officer Course-Intermediate Level Education-Common Core (USACGSOC-ILE-CC); therefore, he was eligible for promotion despite the RCSB declaring him academically not qualified. He claims his records that were considered by the RCSB did not reflect the fact that he was in ILE at the time the board convened and he has since completed ILE.
3. The applicant provides a self-authored statement, a DA Form 1059 (Service School Academic Evaluation Report), and a third-party letter in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicantÂ’s record shows he was initially appointed a Reserve commissioned officer in the Tennessee Army National Guard (TNARNG) in the rank of second lieutenant (2LT) on 3 May 1985. He was promoted to the rank of major (MAJ) on 20 July 2000. Based on the required 7 years maximum time in grade, his promotion eligibility date for LTC was 20 July 2007.
2. The applicant enrolled in the ILE-CC in August 2008.
3. The applicant was considered, but not selected for promotion to LTC by the FY 2008 LTC RCSB that convened on 8Â September 2008. His non-selection notification letter confirms the RCSB determined he was not qualified for promotion based on the lack of the required military education.
4. The record shows the applicant was notified of his completion of Phase 1 of the ILE-CC on 6 October 2008.
5. The record contains a DA Form 1059 which shows he completed the ILE-CC on 23 March 2009.
6. In an advisory opinion, dated 27 July 2009, the Chief, Personnel Division, National Guard Bureau (NGB), recommended disapproval of the applicant's request because at the time the RCSB convened on 8 September 2008, the applicant had only completed Phase 1 of the ILE-CC.
7. On 4 May 2009, the applicant was honorably discharged from the TNARNG and he was transferred to U.S. Army Reserve (USAR) Control Group (Retired Reserve). The NGB Form 22 (Report and Separation and Record of Service) issued to the applicant at the time confirms he completed a total of 24 years and 1 day of military service.
8. On 4 August 2009, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal. To date, he has not responded to the advisory opinion.
9. On 31 August 2006, the Department of the Army (DA), Office of the Deputy Chief of Staff, G-1, issued a memorandum, Subject: Reserve Component Promotion Board Military Education Waiver Guidance. It states, in pertinent part, that the military education requirement for LTC RCSBs is 50 percent completion of legacy Command and General Staff Officer Course (CGSOC) or 100 percent completion of ILE-CC or equivalent. In order to be eligible for a military education waiver, an officer must complete, at a minimum, Phases 1 and 2 of the non-resident ILE-CC.
10. 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.
11. The same regulation also stipulates 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. The applicant's contention that his record should be corrected to show he was eligible for promotion to LTC by the FY 2008 RCSB because he was enrolled in the ILE-CC when the board convened was carefully considered. However, there is insufficient evidence to support this claim.
2. By regulation, the military education requirement for promotion to LTC is completion of the ILE-CC. Army policy allows for a waiver of the military education requirement in cases where the officer has completed Phases 1 and 2 of the ILE-CC as long at the waiver is requested prior to the convening date of the RCSB. In this case, on 8 September 2008, the date the LTC RCSB convened, the applicant had not satisfied the minimum military education requirement for promotion, which is completion of the ILE-CC. In addition, he had not completed Phase 2 of the course and he did not qualify for a military education waiver. As a result, he was not academically qualified or eligible for promotion to LTC on the date the RCSB convened. Accordingly, there is an insufficient evidentiary basis to support granting the requested relief.
3. 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.
___________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) AR20090006784
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ABCMR Record of Proceedings (cont) AR20090006784
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