IN THE CASE OF:	  

		BOARD DATE:	    20 January 2010

		DOCKET NUMBER:  AR20090006787


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, reconsideration for promotion to lieutenant colonel (LTC) by a Special Selection Board (SSB).

2.  The applicant states, in effect, that he was erroneously not selected for promotion to LTC by the Fiscal Year 2008 (FY 2008) Reserve Component Selection Board (RCSB) due to a material error in his promotion packet.  He indicates he completed the United States Army Command and General Staff Officers Course (USCGSOC) Intermediate Level Education Common Core 
(ILE-CC) prior to the convening date of the RCSB, which was 8 September 2008; however, he did not receive the DA Form 1059 (Service School Academic Evaluation Report) confirming completion of the course until 19 September 2008, after the RCSB convened.  He also claims he sought counsel on applying for a military education waiver and received erroneous information from his State G-1 and the National Guard Bureau (NGB).

3.  The applicant provides the following documents in support of his application: Self-Authored Statement; DA Form 1059, dated 19 September 2008; and Electronic Mail (e-mail) Messages, dated between 21 August 2008 and 
20 February 2009. 


CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that after having prior enlisted and commissioned officer service, he was appointed a first lieutenant (1LT) in the Georgia Army National Guard (GAARNG) on 21 August 1996.  He was promoted to captain (CPT) on 24 June 1998, and to major (MAJ) on 18 September 2002.

2.  An e-mail message from the Program Administrator, Department of Distance Education (DDE), Command and General Staff College (CGSC) to the applicant, dated 21 August 2008, congratulated the applicant on completing the ILE-CC.  

3.  A DA Form 1059 contained in the applicant’s Official Military Personnel File (OMPF) confirms the duration of the applicant's ILE-CC was from 12 December 2005 through 19 September 2008 in item 10 (Duration of Course).  The effective date of the form is 19 September 2008, as evidenced by the date entered in the item 15 (Authentication) portion of the form.

4.  An advisory opinion, dated 14 May 2009, from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, Human Resources Command, St. Louis, Missouri (HRC-St. Louis) stated that the applicant completed his review of his promotion packet for accuracy on 15 August 2008.  This official indicated the applicant was not selected for promotion by the FY 2008 LTC RCSB because he had not completed the military education requirement.  The applicant had to complete Phase I and Phase II of ILE-CC prior to the convening date of the board, which was 8 September 2008, in order to qualify for a waiver of the military education requirement.  The recommendation is that the applicant be granted a waiver based on completion of the course on 19 September 2008, and that his record be placed before an SSB for reconsideration for promotion to LTC under the FY 2008 RCSB criteria. 

5.  An advisory from the Chief, Personnel Division, NGB also recommends that the applicant be granted a waiver for the military education requirement and that he be reconsidered for promotion to LTC by an SSB using the FY 2008 RCSB criteria.

6.  On 16 July 2009, the applicant responded to the advisory opinions and concurred with the recommendations.  



7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states 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 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.  

8.  DA policy regarding military education waivers are contained in a 31 August 2006, Office of the Deputy Chief of Staff, G-1 Memorandum, Subject:  Reserve Component Promotion Board Military Education Waiver Guidance.  It states, in pertinent part, that for LTC promotion boards, the military education requirement is 50% completion of legacy CGSOC or 100% completion of ILE-CC or equivalent.  In order to be eligible for a waiver, the officer must have completed at a minimum Phase I and Phase II of ILE-CC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be granted an SSB for promotion to LTC because completed the ILE-CC course and was fully qualified for promotion on 21 August 2008, prior to the convening date of the FY 2008 LTC RCSB, was carefully considered.  While the applicant did not technically complete the military education requirement prior to 8 September 2008, which was the convening date of the RCSB in question, equity consideration would be appropriate in this case. 

2.  The evidence of record in this case confirms the applicant did not complete the ILE-CC until 19 September 2008; however, an e-mail message from the Program Administrator, DDE, dated 21 August 2008, congratulated the applicant on completion of the course.  As a result, it is reasonable to presume all course requirements were completed on that date.  Therefore, it would be appropriate and serve the interest of equity to grant the requested relief in this case and correct the applicant's record to show he was granted a military education waiver on 21 August 2008, prior to the convening date of the FY 2008 LTC RCSB.  His records should also be placed before an SSB for reconsideration for promotion to LTC under the FY 2008 criteria.  


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 he was granted a waiver of the military education requirement on 21 August 2008, prior to the convening date of the FY 2008 LTC RCSB, and submitting his corrected record with waiver to an SSB for promotion consideration to LTC under the FY 2008 LTC RCSB.

2.  If selected for promotion to lieutenant colonel by the SSB, he should be promoted on the date of eligibility as determined by appropriate Departmental officials, using the FY 2008 criteria; and he should be provided all back pay and allowances due as a result.  

3.  If not selected for promotion to LTC by the SSB, he should be so notified. 



      _______ _   _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.


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)                                         AR20090006787



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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