IN THE CASE OF:	  

		BOARD DATE:	  15 April 2010

		DOCKET NUMBER:  AR20090015662 


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 correction of his records to show he was granted a waiver for the military education requirement for the Fiscal Year 2008 (FY08) Lieutenant Colonel (LTC) Department of the Army (DA) Reserve Component Selection Board (RCSB).

2.  The applicant states he believes he was passed over for promotion by the FY08 LTC DA RCSB due to being erroneously categorized as academically ineligible.

	a.  He graduated from the Intermediate Level Education (ILE) Common Core (CC) Phase III on 29 August 2008.

   b.  He was told by the academic staff he would not have to request a waiver for the military education requirement as long as he forwarded a letter to the President of the Board, along with his ILE completion certificate, explaining that his Academic Evaluation Report (AER) would not be issued until shortly after the convening date of the board.

	c.  He states the online "My Board File" portal was closed, so he submitted the documents to his personnel management officer.  However, she was unable to submit the documents because the promotion computer system was down for three days just prior to the convening date of the board.

   d.  He states he believes he did all he could to submit the ILE certificate to the board on time given the time constraints and situation.
3.  The applicant provides copies of documents pertaining to his completion of the U.S. Army Command and General Staff Officer Course (USACGSOC) and a letter to the president of the promotion board.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving as a Reserve commissioned officer.  He was promoted to major (MAJ)/pay grade O-4 on 19 June 2002.

2.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the USACGSOC I-250-ILE (CC), Fort Leavenworth, KS, during the period 9 July 2007 through 18 September 2008 and he was in the top 10 percent of the graduates.

3.  In support of his application, the applicant provides the following documents.

   a.  Two messages from the Registrar, Department of Distance Education, Fort Leavenworth, KS, dated 19 August and 26 August 2008, subject:  Certificate of Course Completion, that show the applicant satisfactorily completed the Staff Process Course (SPC) of the Combined Arms and Services Staff School on
14 June 2003.  The SPC is Phase II of the Captains Career Course.  The applicant was advised to use the certificate to notify his personnel agency of completion of the course.

	b.  A Certificate of Completion that shows the applicant completed the U.S. Army ILE conducted by the 11th Battalion, 80th Regiment, 104th Division (Light), 84th Training Command.

   c.  A letter from the applicant to the President of the FY08 LTC DA RCSB, dated 2 September 2008, in which he stated he completed the ILE CC (Phases I, II, and III) on 30 August 2008.  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 USACGSOC was sent to the U.S. Army Human Resources Command (USA HRC), Alexandria, VA.
   f.  A letter from the applicant to the Office of Promotions, USA HRC, St. Louis, MO, dated 15 January 2009, subject:  Request for Special Selection Board (SSB) for FY08 LTC DA RCSB, in which the applicant requested an SSB.  His request was based on the fact that he sent a copy of his certificate for the ILE-CC as proof of completion in lieu of the pending AER, which also constituted a request for waiver of the military education requirement.
   
4.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, DA Promotions, USA HRC,
St. Louis, MO, dated 19 October 2009.

   a.  The advisory official stated the applicant was considered for promotion by the FY08 LTC DA RCSB as not education qualified and not selected for promotion.

       (1)  The applicant's letter to the President of the Board and certificate of completion for the ILE-CC were not viewed by the board.  In addition, there is no indication the documents were received in the Office of Promotions prior to the cut-off date to include documents in the board file.

	    (2)  The certificate of completion is undated.  The AER indicates the applicant completed ILE after the board convening date.

       (3)  The two messages and other documents submitted by the applicant indicate the requirements for the ILE were completed prior to the board.  

	b.  Based on the evidence, the advisory official recommends a waiver be approved for the military education completion date and an SSB be granted for the 2008 LTC selection criteria.

5.  On 23 December 2009, the applicant was provided a copy of the USA HRC advisory opinion for information and in order to allow him the opportunity to submit comments or a rebuttal.  To date, a response has not been received.

6.  The applicant was considered and selected by the FY09 LTC DA RCSB.

7.  Headquarters, USA HRC, St. Louis, MO, Orders B-01-000452, dated
25 January 2010, promoted the applicant to LTC (O-5) effective and with a date of rank of 30 December 2009.
   
8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers of the USAR.  

   a.  Chapter 2 (Promotion Eligibility and Qualification Requirements), Section III (Board Considerations), paragraph 2-15 (Exceptions), subparagraph b (General exceptions), states that the Commander, USA HRC, Chief, Office of Promotions (RC), is the approval authority for exceptions to all non-statutory promotion requirements.

   b.  Chapter 3 (Board Schedules and Procedures), Section III (Promotion Reconsideration Boards), paragraph 3-19 (General), provides that officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board. Special selection boards will reconsider commissioned officers who were wrongly not considered and/or those who were considered, but not selected by mandatory promotion boards that convened on or after 1 October 1996.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was granted a waiver for the military education requirement prior to the convening date for the FY08 LTC DA RCSB because he completed the ILE-CC on
29 August 2008.  He also contends he sent a letter and documentation to the President of the Board advising he had completed the requirement; however, the board apparently did not receive his request.  As a result he should be granted a SSB for the 2008 LTC selection criteria.

2.  Records show the applicant was considered, but not selected by the FY08 LTC DA RCSB.

   a.  The applicant completed the ILE-CC on 29 August 2008, which was prior to the convening date of the board.
   
   b.  The applicant notified the President of the FY08 LTC DA RCSB of his completion of the military education requirement, despite the fact that the requisite AER had not yet been issued.

   c.  The applicant's letter to the President of the Board and certificate of completion for the ILE-CC were not viewed by the board.  

	d.  The Chief, Office of Promotions, recommends a waiver be approved for the military education completion date and an SSB be granted for the 2008 LTC selection criteria.

   e.  Therefore, based on the foregoing, it would be appropriate to correct the applicant's records to show his request for waiver of the completion date of the military education requirement was approved prior to the convening date of the FY08 LTC DA RCSB and an SSB be granted for the 2008 LTC selection criteria. 

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 showing his request for waiver of the completion of the military education requirement was approved prior to the convening date of the FY08 LTC DA RCSB.

2.  As a result of this correction, the applicant's records should be considered by a Special Selection Board for promotion consideration under the 2008 LTC selection 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)                                         AR20090015662



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ABCMR Record of Proceedings (cont)                                         AR20090015662



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