IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100010786
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 reconsideration of the board's decision to deny her request for a waiver of the military education requirement for promotion to lieutenant colonel (LTC) and consideration by a special selection board.
2. The applicant states there are extenuating circumstances not presented with the submission of the initial application.
3. 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.
CONSIDERATION OF EVIDENCE:
1. 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.
2. The original Record of Proceedings indicated that the available evidence did not sufficiently show that her assignment to the U.S. Central Command (CENTCOM) and several deployments prevented her from completing the intermediate level education-common core (ILE-CC) requirement by correspondence course and a master of Business Administration degree on-line.
3. She submitted a memorandum detailing the circumstances which prevented her from completing the educational requirement prior to the Fiscal Year (FY) 2008 LTC Reserve Components Selection Board (RCSB) convene date. This information was not previously considered by the ABCMR; therefore, this is considered new evidence and as such warrants consideration by the Board.
4. She contends the combination of a lack of available training seats, a severe medical condition, and personal family challenges precluded her from attending the prerequisite Combined Arms Exercise (CAX) Course prior to enrolling in Command and General Staff Officer course (CGSOC) online in a timely manner. She provided the following timeline with specific details to support her statement:
a. she received promotion orders to major in 2002; however, her position requirements as the Recruiting Operations Officer and later the Executive Officer at Jackson State University prevented her attendance at CAX;
b. she submitted several requests to attend the course and all were denied because her Battalion Executive Officer, the Professor of Military Science, cancelled or would not approve non-Battalion related TDY to include military schools;
c. she suffered a miscarriage in 2005 and underwent corrective surgery which allowed her to deliver a baby in March 2006, one month premature due as the result of preeclampsia;
d. after her delivery she was unable to attend CAX because she was not medically cleared due to post pregnancy complications (neuromas (ruptured nerves) in both feet caused by the sudden weight gain associated with preeclampsia) which placed her on a limited duty profile and subsequently a P2 profile;
e. she enrolled in CAX in the fall of 2006 and completed the course in February 2007. She immediately enrolled in CGSOC and an MBA program with Liberty University. After consulting with her career counselor and based on her family circumstances they agreed she should complete CGSOC online. Her then 13 year old daughter was experiencing behavior problems and later diagnosed with premature ovarian failure. Her daughter's drastic mood swings caused a great deal of stress and tension in her marriage which led to a separation and pending divorce; and
f. she completed her MBA in May 2008 with a GPA of 4.0, transferred to CENTCOM in July 2008 and was assigned as the Lead Planner for a multinational exercise. Unaware CGSOC consisted of 3 phases until she requested a copy of her DA Form 1059 for the August 2008 board, she requested an extension. It was granted and she was issued a completion certificate in January 2009.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the combination of a lack of available training seats, a severe medical condition, and personal family challenges prevented her from completing the education requirements prior to the convene date of the FY 2008 LTC RCSB.
2. Although she presents a compelling argument and timeline, there is no evidence in the record and she has not provided any evidence to support her contentions. The board is not an investigative body and without supporting documentation such as statements from her previous supervisors and career counselor, medical records, profiles, or training records which show unsuccessful attempts to register for training, there is insufficient evidence to grant the requested relief.
3. This decision in no way discredits her statements contained herein or her honorable service. It is apparent she has overcome significant professional and personal obstacles and her continued service is encouraged.
4. In view of the foregoing her request for reconsideration should be denied.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090012828, dated 12 January 2010.
_________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) AR20100010786
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010786
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080004797
On 28 July 2004, the applicant requested his previous application to the ABCMR, dated 31 March 2003, be further amended to show he requested a military education waiver for consideration for promotion to MAJ under the SSB. It also states that an officer who is promoted to the next higher grade as a result of the recommendation of a special selection board convened under this section, shall, upon such promotion, have the same date of rank and effective date for pay and allowances of that...
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 | CY2008 | 20080011324
The applicant requests that he be granted a military education waiver and that his records be placed before a Special Selection Board (SSB) for promotion consideration to Lieutenant Colonel (LTC) under the same criteria as the 2007 Reserve Component Selection Board (RCSB). It further advised him that in order to receive a waiver for the military educational requirements for promotion to LTC, he must have completed, at a minimum, phases I and II of non-resident ILE common-core. While the...
ARMY | BCMR | CY2009 | 20090012828
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. 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. The...
ARMY | BCMR | CY2007 | 20070013080
The applicant also requests that this Board take into consideration that many other officers have been promoted to LTC without meeting the education requirements. Based on the above, he respectfully request that he be given a waiver for the education requirements and be considered for promotion to LTC. The applicant was not selected for promotion to LTC based on not meeting the required military education requirements by the board convening dates.
ARMY | BCMR | CY2003 | 2003090614C070212
The applicant submits a letter of explanation dated 10 May 2003, wherein he states that he turned in all requirements for promotion to LTC in a timely manner, but due to delays in the grading system of the CGSOC he was unable to receive his 50 percent completion certificate in a timely manner disqualifying him in the eyes of the promotion board. The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that the officer...
ARMY | BCMR | CY2009 | 20090009690
The memorandum alerted the applicant of the mandatory education requirements for promotion as specified in Army Regulation 135-155 (Promotions of Commissioned Officers and Warrant Officers Other than General Officers). On 6 April 2004, by letter, the applicant was notified that HRC-St. Louis, MO reviewed the Report of Board Proceedings and approved the findings and recommendations of the board. With respect to the applicantÂ’s discharge, the evidence of record shows that he was not selected...
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 | CY2001 | 2001054328C070420
Her records were subsequently submitted to the 1997 LTC promotion board and she was selected for promotion. The policy further provides that in order to be qualified for promotion to LTC an individual must have completed 7 years of TIG as a major and 50 percent of the CGSOC on or before the convening date of the respective promotion board. Based on the officer’s DOR for major she should have been considered for promotion by the 1996 promotion board.
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...