IN THE CASE OF:	  

		BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090008148 


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 she be granted a military education waiver and promotion reconsideration to lieutenant colonel (LTC) by a special selection board (SSB).

2.  The applicant states, in effect, her records were eligible for consideration for promotion to LTC by the September 2008 Reserve Component Lieutenant Colonel Promotion Selection Board.  On 10 July 2008, she requested a military education waiver from the U.S. Army Human Resources Command, St. Louis, MO (USAHRC-STL), through her chain of command prior to the 8 September 2008 board convening date.

3.  The applicant explained in her request that she had completed Phase I and Phase II of the Intermediate Level Education (ILE) Common Core (CC).  She later followed up with the Phase II certificate when she received it on 6 August 2008.  All information was forwarded through her Officer Personnel Branch.  The applicant later found out that the selection board did not receive her request or documentation.

4.  The applicant provides:

	a.  a State of Ohio, Adjutant General Department, Columbus, OH memorandum to her, subject:  2008 Reserve Component Lieutenant Colonel (APL [Army promotion list] Promotion Selection Board, dated 17 April 2007;


	b.  an email to her from the Officer Personnel Branch, Ohio Army National Guard (OHARNG), subject:  DA Reserve Promotion Board Notification, dated
18 April 2008;

	c.  an email to her from the OHARNG, subject:  Military Education Waiver for the 2008 MAJ [major] to LTC DA Board, dated 21 May 2008;

	d.  an email from her to the OHARNG, subject:  20 Yr Board and Promotion Board Memos for File, dated 10 July 2008;

	e.  a memorandum from her to the OHARNG, subject:  2008 Twenty Year Board, dated 10 July 2008;

	f.  a memorandum from her to the OHARNG, subject:  Waiver for Nonstatutory Military Education Requirement (applicant's name and social security number), dated 10 July 2008;

	g.  an email from her to the OHARNG, subject:  Military Education Waiver for the 2008 MAJ [major] to LTC DA Board, dated 13 August 2008, in response to the email from the OHARNG, dated 21 May 2008;

	h.  three Department of Distance Education (DDE), Fort Leavenworth, KS messages to her, subject:  ILE-CC Congratulations Phase I, dated 7 July 2008; ILE-CC Congratulations Phase II, dated 6 August 2008; and ILE-CC Congratulations Completion of ILE-CC, dated 13 November 2008;

	i.  a DA Form 1059 (Service School Academic Evaluation Report), dated 
13 November 2008;

	j.  a Command and General Staff College Diploma declaring her as a graduate of ILE-CC, dated 13 November 2008;

	k.  a memorandum from her through the OHARNG to USAHRC-STL, subject:  Request for a Special Selection Board, dated 11 March 2009;

	l.  a memorandum from the Commanding General, Headquarters, 73rd Troop Command, OHARNG, subject:  Request for Special Selection Board, dated
11 March 2009; and

	m.  a memorandum from the Chief, Department of the Army (DA) Promotion Branch, USAHRC-STL, dated 13 April 2008, in reply to her memorandum concerning her promotion status in the U.S. Army Reserve.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 29 June 1991, she was appointed as a Reserve Commissioned Officer of the Army in the OHARNG at the rank of second lieutenant (2LT).

2.  The applicant was promoted to the rank of MAJ on 1 December 2000.

3.  By memorandum from the Deputy, Chief of Staff for Personnel, OHARNG, dated 17 April 2007, the applicant was notified that a mandatory Fiscal Year (FY) 2008 Reserve Component Lieutenant Colonel (APL) Promotion Selection Board would consider her for promotion and that the board would convene on
8 September 2008.

4.  A message from the DDE, Fort Leavenworth, dated 7 July 2008, shows she completed ILE-CC Phase I.

5.  By email to the Officer Personnel Branch, OHARNG, dated 10 July 2008, shows that the applicant attached two memoranda to the email message, both dated 10 July 2008.  In the first memorandum, the applicant requested a military education waiver for the mandatory Fiscal Year (FY) 2008 Reserve Component Lieutenant Colonel (APL) Promotion Selection Board.  The applicant stated she had completed ILE-CC Phase I and ILE-CC Phase II in July 2008 and she was waiting for the completion document ILE-CC Phase II.  In the second attached memorandum, the applicant stated that she had reviewed her Personnel Electronic Records Management System (PERMS) and that all missing documents were forwarded to the Officer Personnel Branch, OHARNG through the 73rd Troop Command.  The applicant further requested that her military education waiver be forwarded to the 2008 Reserve Component Lieutenant Colonel (APL) Promotion Selection Board in time for review of her military records.  For an unknown reason the applicant's military education waiver was not forwarded to the promotion board for consideration.

6.  A message, dated 6 August 2008, from the DDE, Fort Leavenworth, shows she completed ILE-CC Phase II.

7.  By email to the Officer Personnel Branch, OHARNG, dated 13 August 2008, shows the applicant attached her ILE-CC Phase II message for forwarding to the 2008 Reserve Component Lieutenant Colonel (APL) Promotion Selection Board.

8.  Records show a USAHRC-STL memorandum through the Military Personnel Officer, OHARNG to the applicant, subject:  Notification of Promotion Status, dated 23 January 2009, notified the applicant that she was not selected by the Army Reserve Components Mandatory Selection Board.

9.  By memorandum from the Chief, DA Promotions, USAHRC-STL, to the applicant, dated 13 April 2009, stated, in effect, that she was considered and non-selected by the 2008 Reserve Component Lieutenant Colonel (APL) Promotion Selection Board.  The official stated, "The reasons for non-selection are unknown because statutory requirements prevent disclosure of the board proceedings to anyone other than a member of the board.  However, in your case, you did not have the required military education completed by the convene date of the board."

10.  The memorandum further stated that the applicant indicated she asked for a military education waiver and that the office had no record of a request for a waiver arriving in that office.  The official indicated that the applicant had completed the required minimum of ILE-CC in order to obtain a military education waiver.  However, in order to be reconsidered by a special board, she had to request a military education waiver through the Army Board for Correction of Military Records (ABCMR) since their office could not grant a military education waiver after the convene date of the board.

11.  A DA Form 1059, dated 14 November 2008, shows the applicant completed the U.S. Army Command and General Staff Officer Course ILE-CC on 
13 November 2008.

12.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states, in pertinent part, that an SSB will convene to correct/prevent an injustice to an officer or former officer who was eligible for promotion but whose records through error, were not submitted to a mandatory promotion selection board for consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contends that she should be granted a military education waiver and promotion reconsideration to LTC by an SSB.

2.  Evidence of record shows the applicant qualified for and submitted a request for an education waiver prior to the 8 September 2008 promotion board convene date.  She also reviewed her promotion file and, with assistance from the Officer Branch Chief, OHARNG, she requested that her military education waiver be forwarded to the promotion board along with her ILE-CC Phase I and ILE-CC Phase II completion messages.  This led her to assume that her waiver request had been appropriately forwarded to the respective promotion board.
3.  The USAHRC-STL memorandum, dated 13 April 2009, states that the office had no record of a military education waiver request from the applicant.  However, evidence clearly shows she had requested a military education waiver through the Officer Personnel Branch, OHARNG and for an unknown reason her request was not forwarded prior to the convene date of the board.

4.  Based on the foregoing, it would be in the interest of justice to grant the applicant a military education waiver for the 2008 lieutenant colonel board and send her records to an SSB for promotion to lieutenant under the 2008 promotion criteria, if the applicant was not considered or not selected due to military education.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

   a.  granting her a military education waiver for the 2008 lieutenant colonel selection board; and
   
   b.  placing her corrected records before the next available special selection board for reconsideration for promotion to lieutenant colonel under the 2008 criteria.



      ___________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)                                         AR20090008148



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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