IN THE CASE OF:	  

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090009222 


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 a military education waiver and promotion reconsideration to major (MAJ) by a special selection board (SSB) under the fiscal year (FY) 2008 criteria.

2.  The applicant states that he enrolled in Phase I of the Quartermaster (QM) Advanced Course on 17 January 2007 and completed that phase on 7 April 2008.  During his enrollment, he was mobilized to active duty from 17 April 2007 to 6 June 2008.  During mobilization, he completed a personnel course from 1 April 2007 to 13 April 2007 and was focused on the mobilization.  He was then contacted by his career manager regarding attending Phase II of this course.  He explained to his career manager he was mobilized, and his name was removed from the list of attendees. There was simply no time or facilities or a suitable environment to complete the required education given his upcoming deployment.  He also requested constructive credit for the QM Advanced Course using a previously-completed U.S. Air Force (USAF) training course and/or other Army correspondence courses but his request was returned unfavorably.  He adds that upon his return from Iraq, he vigilantly submitted all necessary paperwork through his chain of command to update his record and even requested an    SSB through the U.S. Army Human Resources Command St. Louis, MO (USAHRC-St. Louis), but was refused reconsideration.  

3.  The applicant provides, in support of his application, a copy of a letter, dated 24 April 2009, from the USAHRC-St. Louis Promotions Branch; a copy of his Army Training Requirement and Resource System (ATRRS) printout, dated        2 May 2009; a copy of a certificate of training, dated 13 April 2007, showing completion of the Battalion S-1 Course; copies of his mobilization and release from active duty orders; a copy of his DD Form 214 ((Certificate of Release or Discharge from Active Duty), dated 30 June 2008; a listing of mobilized Soldiers; a copy of a memorandum, dated 1 July 2008, titled: Withdrawal of Federal recognition; a copy of a memorandum, dated 9 February 2007, requesting constructive credit for the QM Advanced Course, Phase I; a copy of a U.S. Marine Corps certificate, dated 20 November 1987, showing completion of the Command and Staff College-Nonresident Program; a copy of a USAF certificate, dated 20 January 1987, showing completion of the Squadron Officer School; a copy of a USAF certificate, dated 6 September 1988, showing completion of Commander/Staff Officer OJT Familiarization; a printout, dated 9 February 2007, showing his self-development correspondence courses; and a copy of a memorandum, dated 3 July 2007, issued by USAHRC-St. Louis and titled: Notification of Promotion Status.

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the USAF, the applicant’s records show he was appointed as a captain (CPT) in the QM Corps of the Alabama Army National Guard (ALARNG) and he executed a National Guard Bureau (NGB) Form 337 (Oaths of Office) on 22 November 2005.  He was assigned as a personnel staff officer to the 62nd Troop Command, Montgomery, AL. 

2.  On 27 February 2006, USAHRC-St. Louis issued a memorandum through the State of Alabama appointing the applicant as a commissioned officer in the U.S. Army Reserve (USAR) in the rank of CPT for an indefinite term, effective 22 November 2005. 

3.  On 2 April 2007, the applicant was reassigned from the 62nd Troop Command, Montgomery, AL, to the 1203rd Engineer Battalion, Dothan, AL.  He subsequently completed the ARNG Brigade/Battalion S-1 Course from 3 April 2007 to 13 April 2007. 

4.  On 19 May 2007, the applicant entered active duty in support of Operation Iraqi Freedom and served in Kuwait/Iraq from 25 August 2007 through 2 June 2008.  He was honorably released from active duty on 30 June 2008.

5.  On 3 July 2007, by memorandum, USAHRC-St. Louis notified the applicant that he was considered for promotion to MAJ by the mandatory Department of the Army (DA) 2007 Reserve Components Selection Board (RCSB) that convened on 12 March 2007 but he was not selected.  The memorandum also informed him that the records reviewed by the board did not indicate that he had completed the required military education by the day of the board.  
6.  Military Personnel (MILPER) Message 07-336, issued on 30 November 2007, announced the criteria for the 2008 RCSB and specified the following:

	a.  Army policy requires Soldiers to review their "My Board File (MBF)" on-line.  "You are required to provide any missing documents that you have in your possession or make a reasonable attempt to retrieve those missing documents. Failure to comply with this Message may demonstrate a "lack of due diligence" on your part and must be fully explained if you decide to request a Special Selection Board at a later date."

	b.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-8 and table 2-2, lists the military education requirements for promotion selection.  Military and civilian education requirements must be completed no later than the day before the boards convene.  Evidence that you completed the required military and civilian education must be in your MBF.  For these boards the military education requirement is completion of the Officer Basic Course (OBC).  The civilian education requirement is a Baccalaureate Degree.  Evidence of completion is the Academic Evaluation Report (AER) (DA Form 1059) or diploma.  Officers not educationally qualified will not be selected for promotion.  In accordance with Director of Military Personnel Management (DOPM) Policy memorandum, dated 31 August 2006, Subject: Reserve Component Promotion Board, Military Education Waiver Guidance, there will be no military education waivers for below the zone officers.  In and above the zone officers may request a military education waiver.  In order to be eligible for a waiver, the officer must have completed at a minimum the non-resident portion of the course and be scheduled for the resident phase.  

7.  The applicant’s records show he was again considered for promotion to MAJ by the mandatory 2008 RCSB that convened on 10 March 2008, but he was not selected.  The notification of non-selection memorandum is not available.

8.  On 1 July 2008, by memorandum, the applicant was notified that his Federal Recognition was withdrawn no later than 1 November 2008 as a result of his second non-selection for promotion.

9.  On 22 January 2009, the Joint Force Headquarters, ALARNG, published Orders 22-560, directing the applicant's honorable separation from the ARNG and subsequent transfer to the USAR Control Group (Individual Ready Reserve), effective 24 November 2008.  

10.  On 11 February 2009, the applicant requested promotion reconsideration by an SSB.  In response to his letter, an official at the DA promotions, USAHRC-St. Louis, denied his request for SSB consideration and stated:

	a.  He was considered by the 2007 and 2008 DA RCSB but was not selected. He was not educationally qualified when the boards convened and did not request and receive an education waiver.  Based on the guidance from the Director of Military Personnel Management, Office of the Deputy Chief of Staff, G-1, in order to be eligible for a military education waiver, an officer must have completed at a minimum the non-resident portion of the advanced course and be scheduled for the resident phase.  

	b.  The self-development active enrollment status he submitted from ATRRS showed he was enrolled in Phase I of the advanced course as of 17 January 2007.  However, it does not verify completion of the phase and enrollment in the resident phase prior to convening of the board.

	c.  He submitted a memorandum on 9 February 2007 to the Army Correspondence Course Program requesting constructive credit for Phase I of the QM advanced course; however, there is no evidence that his request was approved.  But even if he were granted credit, he still would not have qualified for a waiver since he was not enrolled in the resident phase as required by the G-1's guidance.  

11.  In accordance with the Director of Military Personnel Management Policy memorandum, dated 31 August 2006, Subject: Reserve Component Promotion Board, Military Education Waiver Guidance, waivers must be granted under more restrictive conditions due to problems with past practices.  For MAJ boards, the military education requirement is completion of an officer advanced course or equivalent.  In order to be eligible for a waiver, the officer must have completed at a minimum the non-resident portion of the course and be scheduled for the resident course. 

12.  Army Regulation 135-155 specifies that promotion 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.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be granted a military education waiver and promotion reconsideration to MAJ by an SSB under the FY 2008 criteria.

2.  The applicant’s order to active duty and subsequent deployment in support of Operation Iraqi Freedom is noted.  Furthermore, his efforts in pursuing his education with a goal of completing appropriate military education requirements are also noted.  Nevertheless, when his record was considered by the 2007 RCSB, he had not completed the non-resident portion of the advanced course.  He completed this portion of his education on 17 April 2008.  Additionally, when his records were considered by the 2008 RCSB, he had still not completed the non-resident portion of the advanced course or was scheduled for the resident portion of this course.  There is neither an error nor an injustice.

3.  The Army understands that the imposition of tighter military education waiver standards in a time of mobilizations and deployments may cause hardship for some officers.  But it is important to maintain the rigor of the Army's military education system for the long-term professional health of the officer corps.  

4.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit sufficient evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

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)                                         AR20090009222



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ABCMR Record of Proceedings (cont)                                         AR20090009222



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