IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090012828
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 waiver of the military education requirement for promotion to lieutenant colonel (LTC) and consideration by a special selection board.
2. The applicant states that she was late completing the military education requirements due to several deployments to the U.S. Central Command (CENTCOM) area of responsibility. She completed the intermediate level education-common core (ILE-CC) requirement by correspondence course and a Master of Business Administration (MBA) degree on-line. Additionally, she has awards that were finalized but not received before the selection board convened.
3. The applicant provides copies of her DA Form 4037-E (Officer Record Brief), dated 17 July 2009; a certificate for the Meritorious Service Medal awarded on 30 June 2008; a DA Form 638 (Recommendation for Award) and certificate for the Army Achievement Medal awarded on 12 May 2008; and a DA Form 1059 (Service School Academic Evaluation Report) for the ILE-CC, dated 26 January 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant, a reservist whose date of rank as a major was 20 August 2002, entered her current tour of active duty in September 2002 and served in various training command positions until 21 July 2008 when she was assigned to CENTCOM, MacDill Air Force Base, Florida.
2. The Meritorious Service Medal commends the applicant for her performance as the 84th Training Command Liaison Officer to the Cadet Command for the period from 15 June 2007 to 14 June 2008.
3. An advisory opinion from the U.S. Army Human Resources Command states that the applicant was not selected for promotion to LTC by the Fiscal Year (FY) 2008 Reserve Components Selection Board (RCSB) because she had not completed the military education requirement. That board convened in September 2008 and the applicant did not complete her ILE-CC until 26 January 2009. However, the Chief, Special Actions Branch, for Department of the Army Promotions recommended that she be granted a waiver of the military education requirement and be reconsidered for promotion by a special selection board. He noted that the ORB and the Army Achievement Medal could not be seen by the special selection board because they do not constitute a material error.
4. The applicant acknowledged receipt of the advisory opinion without further comment.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that all education requirements have now been completed. She completed the ILE-CC requirement and an MBA degree while on several deployments to the CENTCOM area of responsibility. Additionally, her awards were finalized but not received before the selection board convened.
2. The applicant was serving on extended active duty and was transferred to CENTCOM, MacDill Air Force Base, Florida, shortly before the FY 2008 RCSB convened.
3. She had been promoted to major on 20 August 2002. Thus, she had approximately 6 years to complete the military education requirement. Her assignment to CENTCOM occurred only about 6 weeks before the promotion board met. Given these circumstances, a waiver of the military education requirement is not warranted.
4. 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.
5. There is no documentation to support the applicant's contention and no rational to support the implied conclusion that those alleged circumstances would warrant the requested 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) AR20090012828
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090012828
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100010786
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant provides a memorandum, dated 23 February 2010, which details the circumstances which prevented her from completing the education requirement prior to the LTC promotion board. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090012828, on 12 January 2010.
ARMY | BCMR | CY2009 | 20090006784
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). 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. In this case, on 8 September 2008, the date the LTC RCSB convened, the...
ARMY | BCMR | CY2009 | 20090006787
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. 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. As a result, the...
ARMY | BCMR | CY2009 | 20090016555
The applicant states she should be granted an educational waiver because she: * completed almost 50 percent of Command and General Staff Course (CGSOC) and had to start over * was denied attendance of the active duty course after completion of an Operation Iraqi Freedom mission in an LTC billet on active duty (AD) * obtained a Master's of Science Degree in December 2004 * is currently serving in an LTC billet * completed Phase I of the Intermediate Level Education-Common Core Course (ILE-CC)...
ARMY | BCMR | CY2009 | 20090015662
He also stated he was sending a copy of the certificate of completion because the AER for the USACGSOC would not be issued until sometime after the board convenes on 8 September 2008. d. A U.S. Army Command and General Staff College (USACGSC) Diploma that shows the applicant completed the USACGSOC ILE-CC on 18 September 2008. e. Headquarters, USACGSC, Fort Leavenworth, KS, memorandum, undated, subject: ILE-CC Graduation Information Letter, that shows the applicant's AER for completing the...
ARMY | BCMR | CY2013 | 20130009424
Counsel requests reconsideration of the applicant's earlier request for: * removal of the General Officer Memorandum of Reprimand (GOMOR) from the applicant's Army Military Human Resource Record (AMHRR) * promotion to lieutenant colonel (LTC) by the Department of the Army (DA) Reserve Component Selection Board (RCSB) under the Fiscal Year (FY) 2006 or 2007 criteria * in the alternative, consideration of the applicant's records under the FY 2006 or FY 2007 Promotion Selection Board (PSB)...
ARMY | BCMR | CY2009 | 20090008148
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. However, evidence clearly shows she had requested a military education waiver...
ARMY | BCMR | CY2011 | 20110016774
The applicant defers statements to counsel: COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: Counsel states: a. the applicant was selected as an alternate to attend the Command and General Staff College (CGSC) and Logistics Executive Development Course (LEDC) on 27 January 2003; as a candidate to attend the resident LEDC in November 2003; however on 24 January 2003, he was mobilized in support of Operation Enduring Freedom for one year and unable to attend either course; b. during this...
ARMY | BCMR | CY2012 | 20120017508
Application for correction of military records (with supporting documents provided, if any). Based on her request to the Army Board for Correction of Military Records (ABCMR) on 23 May 2008, her ADOR for MAJ was corrected by the U.S. Army Human Resources Command (HRC) to 16 October 2002. However, because her ADOR was not initially calculated correctly she was unable to request an exception to the requirement for commissioned officer to have 1 year of continuous active duty service before...
ARMY | BCMR | CY2009 | 20090012057
f. The advisory official stated that the applicant is comparing his case to another officer's promotion action; however, that officer submitted an education waiver request that was granted, and he met the education requirement in order to be eligible for selection and to keep his promotion. ); e. he resolved the issues related to his APFT and height/weight; f. he and another officer were notified by a USA HRC staff member that their promotions may have occurred in error, it was later...