IN THE CASE OF:	  

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090012339 


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, a civilian education waiver and promotion reconsideration to major by a Special Selection Board (SSB) under the 2009 Department of the Army (DA) Reserve Components Major AMEDD (Army Medical Department) Selection Board criteria.

2.  The applicant states she completed her degree for the Bachelor of Science in Nursing in November 2008.  She states the University of Phoenix did not finalize reconciliation of the Clinical Nutrition class until after the promotion board process began.  Therefore, her diploma was not issued until 31 January 2009.

3.  The applicant provides, in support of her application, transcripts from the University of Phoenix and Grand Valley State University, her diploma from the University of Phoenix, two order modifications, and her DA Form 2-1 (Personnel Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was commissioned a second lieutenant in the Army Nurse Corps, Michigan Army National Guard (MIARNG) on 19 November 1992.  She had previously served 9 years, 4 months, and 
17 days in an enlisted status in the MIARNG.


2.  The applicant was ordered to active duty on 3 June 2007 for a period of 
11 months and 30 days.  She was also ordered to active duty on 2 June 2009 for 365 days in support of Operation Enduring Freedom.

3.  Transcripts provided by the applicant show she completed the requirements for a Baccalaureate of Science Degree in Nursing in November 2008.  However, her diploma issued by the University of Phoenix is dated 31 January 2009.

4.  In the processing of this case an advisory opinion was received from the Chief, Special Actions Branch, U.S. Army Human Resources Command, St. Louis, MO (HRC-STL).  HRC-STL stated that the applicant's transcripts verified she had completed all the requirements for her degree in November 2008.  However, when the applicant was considered by the 2009 DA Reserve Components Major AMEDD Selection Board, which convened on 7 January 2009, her baccalaureate degree had not yet been conferred.  Therefore, she was considered not educationally qualified.  HRC-STL recommended she be granted a waiver for education and DA Special Selection Board consideration under the 2009 DA Reserve Components Major AMEDD Selection Board criteria.  The applicant concurred with this recommendation.

5.  Chapter 2 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) contains guidance on promotion eligibility and qualification requirements.  A baccalaureate degree is required for promotion to major and must be completed no later than the day before the selection board convening date.  

6.  Army Regulation 135-155 also specifies that promotion consideration or 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 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.

7.  The regulation further specifies that the Chief, Office of Promotions, HRC-STL is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., civilian education), and that the request must contain a complete justification and be received prior to the board convening date. The Army Board for Correction of Military Records (ABCMR) has the authority to grant a waiver for the civilian education for a past year criteria.




DISCUSSION AND CONCLUSIONS:

1.  HRC-STL verified the applicant had completed all the requirements for her Baccalaureate of Science in Nursing in November 2008.  However, her degree was not conferred until 31 January 2009, 24 days after the convening date of the 2009 DA Reserve Components Major AMEDD Selection Board.

2.  The ABCMR has the authority to grant a waiver for the civilian education requirement considering the circumstances.  The applicant had completed all the requirements for her degree prior to the convening date of the 2009 board.

3. In view of the above, it is appropriate to grant the applicant an education waiver and her records should be placed before an SSB for promotion consideration under the 2009 DA Reserve Components Major AMEDD Selection Board criteria.  Further, if she is selected for promotion by the SSB, her promotion effective date and date of rank should be established as if she had been originally selected by the 2009 board, and she should be provided all back pay and allowances due as a result.  If not selected, she should be so notified.

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:

	a.  showing the applicant was granted a waiver of the civilian education requirement for consideration for promotion to major under the 2009 year criteria; 

	b.  submitting her records before an SSB for promotion reconsideration to major under the criteria followed by the 2009 DA Reserve Components Major AMEDD Selection Board;

	c.  if selected for promotion to major by the SSB, establishing her major promotion effective date and date of rank as if she had been originally selected by the 2009 DA Reserve Components Major AMEDD Selection Board, and by providing any back pay and allowances due as a result; and

	d.  if not selected for promotion she 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.

ABCMR Record of Proceedings (cont)                                         AR20090012339



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ABCMR Record of Proceedings (cont)                                         AR20090012339



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