IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090015052 


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 May 2009 Reserve Component (RC) Lieutenant Colonel Army Medical Department (AMEDD) Promotion Selection Board.  On 17 March 2009, she requested a military education waiver from the U.S. Army Human Resources Command, St. Louis, MO (USAHRC-STL) by memorandum and email.

3.  The applicant stated in her request that she had completed Phase II of the Intermediate Level Education (ILE) Common Core (CC).  She later followed up with a letter to the president of the board on 15 April 2009.  The applicant states with all her effort at requesting a military education waiver the board did not receive her request.

4.  The applicant provides:

	a.  a memorandum from the applicant to the Chief, Office of Promotions, USAHRC-STL, dated 17 March 2009 requesting a military education waiver; 



	b.  a memorandum from the applicant to the President of the 2009 RC Lieutenant Colonel AMEDD Promotion Selection Board, dated 15 April 2009;

	c.  a Command and General Staff College (CGSC) Reserve Forces School Program Roster, Fort Detrick, MD, dated 3 May 2009;

	d.  a DA Form 1059 (Service School Academic Evaluation Report), dated 
18 August 2009;

	e.  a CGSC Diploma declaring her as a graduate of ILE-CC, dated 18 August 2009; and 

	f.  various emails from the applicant to the Department of the Army (DA)  Board and the DA Promotion Branch.

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior enlisted service.  On 21 June 1991, she was appointed as a Reserve Commissioned Officer of the Army at the rank of second lieutenant (2LT).

2.  The applicant was promoted to the rank of major (MAJ) on 15 June 2003.

3.  The applicant's memorandum, dated 17 March 2009, to the Chief, Office of Promotion, St. Louis, shows the applicant requested a military education waiver for the 2009 RC Lieutenant Colonel (AMEDD) Promotion Selection Board that would convene on 5 May 2009.

4.  The applicant's memorandum, dated 15 April 2009, to the President of the 2009 RC Lieutenant Colonel (AMEDD) Promotion Selection Board, shows that that applicant requested a military education waiver.  The applicant stated that she had reviewed her board file on line and she would complete the ILE-CC Phase II on 3 May 2009.

5.  A Command and General Staff College (CGSC) Reserve Forces School Program Roster, Fort Detrick, dated 3 May 2009 shows that applicant completed ILE-CC Phase II.

6.  The applicant was considered promotion to LTC by the May 2009 RC Lieutenant Colonel (AMEDD) Promotion Selection Board.  She was non-selected for promotion to LTC.  For an unknown reason the applicant's request for military education waiver was not received by the board.

7.  A DA Form 1059, dated 18 August 2009, shows the applicant completed the U.S. Army CGSC ILE-CC on 18 August 2009.

8.  In the processing of this case, on 10 September 2009 an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions,
USAHRC-STL.  The advisory official recommended the applicant be considered by an SSB under the 2009 LTC criteria.  The advisory official stated, "The applicant's request for a military education waiver and verification for completion of phase 2 of ILE were not received by this office; therefore, she was considered by the 2009 DA 2009 RC LTC AMEDD Selection Board as not educationally qualified.  The applicant completed phase 2 on 3 MAY 09 and her request is dated 17 MAR 09, prior to the board's convene date of 5 MAY 09.  Based on these facts, it is recommended she be granted a waiver for the board and DA Special Selection Board consideration under the 2009 criteria."

9.  The applicant was forwarded a copy of the advisory opinion for information to allow her the opportunity to submit comments or a rebuttal.  She concurred with the advisory opinion and submitted a memorandum in response.  She added that she completed ILE in its entirety, graduating on 18 August 2009.  She also provided a copy of the DA Form 1059 for review.

10.  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 or omitted to a mandatory promotion selection board for consideration.

11.  Army Regulation 135-155 further specifies that the Commander, HRC, Chief, Office of Promotions (Reserve Components) is the approval authority for all requests for exception to non-statutory promotion requirements.  Requests must contain complete justification, including recommendations of intermediate commanders when applicable.  The ABCMR has the authority to grant a waiver for education for a past criteria.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant submitted multiple requests for a military education waiver prior to the 5 May 2009 promotion board convene date. However, for unknown reasons her requests were not forwarded prior to the convene date of the board.

2.  Based on the foregoing, it would be in the interest of justice to grant the applicant a military education waiver for the 2009 LTC AMEDD Selection Board and send her records to an SSB for promotion to LTC under the 2009 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.  showing she was granted a military education waiver for the 2009 LTC AMEDD Selection Board; and
   
   b.  placing her corrected records before the next available special selection board for reconsideration for promotion to LTC under the 2009 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)                                         AR20090015052



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ABCMR Record of Proceedings (cont)                                         AR20090015052



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