BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20090016555 


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 military education waiver for promotion reconsideration under the 2008 and 2009 lieutenant colonel (LTC) Reserve Component Selection Board (RCSB) year criteria.  

2.  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) and is working on Phase II of the ILE-CC

3.  In support of her application, she provides:

* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* memoranda from the Department of the Army Promotions, dated 
18 August and 4 October 2009
* email from the Department of Distance Education, dated 28 August 2009
* memorandum, Exception to Policy Request, dated 10 September 2009


CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show she was appointed in the United States Army Reserve (USAR), as a second lieutenant, effective 13 May 1989, with prior enlisted service.  She was promoted to major effective 19 June 2002.

2.  The Soldier's Management System (SMS) shows as of 14 April 2004 she had a reservation to attend Phase II of the resident ILE-CC.  On 9 June 2004 she requested that her reservation be cancelled and that she be enrolled in the 
ILE-CC correspondence course instead.

3.  The available evidence shows the applicant was ordered to AD on 
27 September 2005 in support of Operation Iraqi Freedom.  The DD Form 214 she was issued shows she was honorably released from AD on 3 December 2006 and she was transferred to the USAR after completing 1 year, 2 months, and 7 days of net active service this period.  

4.  The SMS shows that on 4 August 2006 the applicant had completed 
25 percent of the CGSOC course.  The SMS states her Master's Degree took precedence over CGSOC.  The SMS also shows she was deployed and would work on ILE-CC after her deployment.  She was also told she had not attended a military level education qualifying school.  

5.  The available evidence shows the applicant was again ordered to AD on 
18 June 2007 in support of Operation Enduring Freedom with duty in the Pentagon.  She was honorably released from AD on 16 June 2008 and transferred to the USAR after completing 11 months and 29 days of active service.  

6.  She was considered and not selected for promotion to LTC by the 2008 LTC RCSB that convened on 8 September 2008.  The available evidence indicates she had not completed the required military education by the date the board convened.

7.  She again entered on AD and deployed to Afghanistan in February 2009 and she is currently serving on AD.

8.  The SMS shows on 14 May 2009 the applicant contacted her branch regarding non-selection to LTC and she was told she was not educationally qualified.  She was encouraged to completed ILE-CC Phase I and II as soon as possible. 


9.  On 18 August 2009, the U.S. Army Human Resources Command (AHRC), St. Louis, MO, denied the applicant's request for a military education waiver for the 2008 RCSB based on guidance from the Director of Military Personnel Management.  The memorandum stated the applicant had not completed at a minimum Phases I and II of the non-resident ILE-CC but she was told to contact the Special Actions Branch for reevaluation if she completed the courses prior to 
8 September 2009.

10.  She submitted an email dated 28 August 2009 from the Department of Distance Education, Subject:  ILE-CC Phase I Completion Certificate stating she had completed Phase I.

11.  She was considered and not selected for promotion to LTC by the 2009 RCSB that convened on 9 September 2009.  Her records indicated she had not completed the required military education by the date the board convened.

12.  On 10 September 2009, she submitted a memorandum to the 2009 RCSB requesting a waiver for the non-statutory military education requirement.  She stated that she was assigned to an LTC billet and was working on Phase II of the ILE-CC with an expected completion date of October 2009.  She stated in effect, she began CGSOC in 2004 while simultaneously working on her Master of Science Degree and when she was half done with CGSOC it was terminated in September 2005 and converted to ILE.  She had to start over with no credit for CGSOC.  She continued to work on her Master's Degree to completion.  She was requesting a military education waiver based on her real-world mobilization and deployment experience in support of the Global War on Terrorism.

13.  On 4 October 2009, AHRC, St. Louis, MO, denied the applicant's request for consideration for promotion by the DA Special Selection Board (SSB).  The memorandum stated she was not selected for promotion during the 2008 LTC RCSB Board since she had not met the educational requirement nor was a waiver requested or granted.  As a result, her request for special board consideration was denied. 

14.  In an advisory opinion, dated 19 October 2009, the Chief, Special Actions Branch, DA Promotions, AHRC, St. Louis, stated the applicant was considered for promotion by the 2009 LTC RCSB as not education qualified.  The waiver request was denied on 18 August 1009 due to the fact she had not completed Phases I and II of the non-resident ILE-CC.  In accordance with guidance from the Director of Military Personnel Management, in order to be eligible for a waiver of the military educational requirement for LTC, an officer must have completed at a minimum Phases I and II of non-resident ILE-CC.  As of 10 September 2009, the applicant had not completed Phase II of ILE-CC; therefore, she was not eligible for a waiver.  The advisory recommended that the applicant's request be disapproved and that she be provided copies of the policy for guidance.

15.  The opinion was forwarded to the applicant for acknowledgement on
28 January 2010.  In her rebuttal, dated 4 February 2010, the applicant reiterated the statements used in the 10 September 2009 memorandum.  She also stated the demands of the military and three mobilizations in LTC positions affected her available time to work on these courses and should be seriously considered as part of her eligibility for the educational waiver.   

16.  WWW.HRC.ARMY.MIL/site/protect/reserve/soldiers/pb/promofaq.htm#of10, Promotion/Boards Frequently asked Question, states for LTC Boards, the military education requirement is 50 percent completion of legacy CGSOC or 100 percent completion of ILE-CC, or equivalent.  In order to be eligible for a waiver, the officer must have completed at a minimum, phases one and two of non-resident ILE-CC.  The Army's Intermediate-Level Education program takes the place of what was known as CGSOC.

17.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies in order to be promoted to LTC an individual must have completed 7 years of time in grade as a major and the military education requirement is 50% completion CGSOC or equivalent on or before the convening date of the respective promotion board.  This regulation also specifies that promotion consideration/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.  

18.  Army Regulation 135-155 further specifies that the Chief, DA Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military education), and that requests must contain complete justification and be received prior to the board convening date.  

19.  The Director of Military Personnel Management’s Memorandum, Subject:  Reserve Component Promotion Board Military Education Waiver Guidance, dated 31 August 2006, states the Chief, Office of Promotions (RC) retains the authority to grant military waivers to requesting officers.  However, waivers must be granted under more restrictive conditions.  For LTC boards, the military education requirement is 50 percent completion of CGSOC or 100 percent completion of ILE-CC, or equivalent.  In order to be eligible for a waiver, the officer must have completed a minimum of Phases I and II of non-resident
ILE-CC.  The memorandum also states 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 military system for the long- term professional health of the Officer Corps.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to a military education waiver and promotion reconsideration to LTC.  She was fairly considered twice for promotion to LTC and not selected.  She has not shown error, injustice, or inequity for the relief she now requests.  Without evidence to show otherwise, it is concluded that the applicant was properly considered for promotion.

2.  Her contentions that the demands of the military and three mobilizations in LTC positions affected her available time to work on these courses have been noted.  However, the evidence shows she was advised as early as June 2006 of the importance of completing her military education.  She has not satisfactorily explained her delay, from the date of her promotion to major in June 2002, in fulfilling her military education requirement prior to the 2008 and 2009 RCSBs.  

3.  The available evidence shows she only completed 25 percent of the CGSOC, to complete her civilian education over her military education, and only completed Phase I of the ILE-CC by 9 September 2009.  There is no evidence that reasons beyond her control interfered with her completion of ILE-CC by 
8 September 2008 and 9 September 2009.  Given she had to be considered by an RCSB so that, if selected, she could be promoted by the time she had served 7 years in the lower grade, she knew, or should have known, that she would be considered by an RCSB as early as 2008 and that she needed to ensure, well in advance, her record would present her career and qualifications to that board in the best possible light.  The requirement for completion of CGSOC or ILE-CC is a long-standing requirement for promotion to LTC.

4.  In view of the foregoing, there is no basis for granting the applicant's request. 







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)                                         AR20090016555



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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