IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100013319 


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, removal of his first board appearance and results for the Fiscal Year (FY) 2009 Lieutenant Colonel (LTC) - Colonel (COL) Army Promotion List (APL) Department of the Army (DA) Selection Board from his record.

2.  He states:

* he was not notified he was selected to appear before the FY 2009 LTC - COL APL DA Board
* the RCS-AG-601 (Reserve Officers Eligible for Promotion) roster did not list him as a selectee for board consideration
* a Military Personnel (MILPER) message accompanied the RCS-AG-601 stating no new LTCs/pay grade O-5 would be considered by the FY 2009 LTC - COL APL DA Board for promotion to COL/pay grade O-6
* the National Guard Bureau (NGB) cannot show that the supplemental RCS-AG-601 notification was received by anyone in the Louisiana Army National Guard (LAARNG)

3.  The applicant provides copies of:

* his request for equivalent credit for the Army Intermediate Level Education (ILE) Course and a recommendation for its approval
* the RCS-AG-601 for the FY 2009 LTC - COL APL DA Board
* 
an email showing the G1 of the ARNG of the U.S. requested no new LTCs be considered by the FY 2009 LTC - COL APL DA Board
* his diploma for successful completion of the Air Command and Staff College Distance Learning Program

CONSIDERATION OF EVIDENCE:

1.  His record shows that following a period of enlisted service in the LAARNG, he was honorably discharged on 19 May 1989 for the purpose of accepting a commission as a second lieutenant (2LT) in the LAARNG on 20 May 1989.  On 23 May 1992, he was promoted to first lieutenant (1LT).  

2.  On 1 August 1994, he became a member of the Air National Guard of the U.S. (ANGUS) in the rank of 1LT.  He was subsequently promoted to the ranks of captain (CPT) and major (MAJ).

3.  On 18 February 2003, he completed the Air Command and Staff College Distance Learning Program in the rank of MAJ.

4.  His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows he was honorably released from active duty with the ANGUS in the rank of LTC and he was transferred to the LAANG on 2 January 2005.  This form shows his effective date of pay grade as 18 June 2004.  This form also shows he completed the Air Command and Staff College in 2003.

5.  His record contains Orders 351-009, issued by the Joint Force Headquarters - Louisiana, Office of The Adjutant General, Jackson Barracks, New Orleans, LA, dated 16 December 2004 which appointed him as an LTC in the LAARNG, effective 3 January 2005.  These orders also show his date of rank (DOR) as
18 June 2004.

6.  On 23 October 2008, a representative of the DA Boards Division of the NGB sent an email message to numerous recipients regarding the RCS-AG-601 for the FY 2009 LTC - COL APL DA Board.  The message began with the statement "The ARNGUS G-1 requested no new O-5s be boarded on the 2009 COL APL Board; the Zones of Consideration for the ARNGUS have changed as follows:  In-Zone (01 APR 03 through 31 MAR 04); Above-Zone (31 MAR 03 and Earlier). 
A new COL APL has been built based on the zone of consideration, attached you will find the current AG 601 for this board."  The attached RCS-AG-601, dated 22 October 2008, shows the required DOR for consideration was 31 March 2004 and does not include the applicant's name amongst the nine officers identified as eligible for consideration for promotion from LTC to COL.

7.  His record contains a memorandum sent to him by an Officer Branch Manager in the Joint Force Headquarters - Louisiana, Office of The Adjutant General, Camp Beauregard on 20 November 2009, subject:  Notification of Promotion Status.  The letter informed him a DA Reserve Components Selection Board was convened to consider officers in his grade for promotion.  The board examined the performance portion of his Official Military Personnel File (OMPF) according to the Memorandum of Instructions.  As a result, he was considered, but not among those selected for promotion by the board.  The specific reason cited for his non-selection was the fact his records indicated he had not completed the Command and General Staff Officers Course, as required, before the date the board convened [11 March 2009].  The letter also informed him that if he had completed the education requirements not later than the day before the selection board convened, he could request reconsideration by applying through command channels to Commander, Personnel Command (PERSCOM), Chief, Office of Promotions (Reserve Components (RC)).

8.  In response to his non-selection, he submitted a memorandum to the Commander, PERSCOM, Chief, Office of Promotions (RC) requesting a waiver of the non-statutory military education requirement for the FY 2010 LTC - COL APL DA Board.  He stated that although his name was not included on the list of officers eligible for consideration, his record was reviewed by the FY 2009 LTC - COL APL DA Board.  He also pointed out the email which stated no new LTCs [including himself] would be boarded.  As a result of the board, he was determined to be non-selected because he had not fulfilled the education requirements for promotion.  He attested, in effect, that until 5 November 2009, he had been under the assumption that his completion of the Air Command and Staff College Distance Learning Program fulfilled his educational requirement for the Army Command and General Staff Officers Course.  He also acknowledged that he now understood that only completion of the resident portion of the Air Command and Staff College is equivalent to the Army Command and General Staff Officers Course.  In closing, he stated he was aware that if this waiver was granted it would only be used for the purposes of being reviewed by the FY 2010 LTC - COL APL DA Board and would not excuse him from completing the military educational requirement for promotion.

9.  On 3 March 2010, the Director of the Joint Staff, Office of The Adjutant General, Joint Force Headquarters - Louisiana, Camp Beauregard, rendered a memorandum, subject:  Correction of Military Records [applicant's name and last four digits of his Social Security Account Number (SSAN)] as an endorsement of his application for correction of military record subsequent to non-selection on the FY 2009 LTC - COL APL DA Board.  He stated it was evident the applicant was not notified of selection to appear before the aforementioned board and recommended removal of the FY 2009 DA Board appearance and result from the applicant's record with the following justification.

	a.  The RCS-AG-601 roster, dated 22 October 2008, did not indicate he was required to appear.

	b.  The MILPER message which accompanied the aforementioned
RCS-AG-601 stated the ARNGUS G-1 requested that no new O-5s be boarded on the 2009 COL APL DA Board and defined a zone of consideration that would preclude his appearance.

	c.  The Supplemental RCS-AG-601 notification, dated 19 December 2009, was never received or acknowledged by any National Guard of Louisiana (NGLA) email recipient and was issued during the period approved for cessation of operations in observance of Christmas block leave authorization.

10.  The Director of the Joint Staff opined the evidence clearly demonstrates the applicant was not informed of a board appearance requirement.  He stated that to date, no contrary information had been presented by the ARNGUS G-1 staff showing where any NGLA email recipient received the supplemental
RCS-AG-601.  He also stated that all other Soldiers listed on the RCS-AG-601, dated 22 October 2008, were notified by the NGLA J1 Officer Personnel Manager.  He added the NGLA was currently working a parallel effort to determine is completion of Air Command and Staff College while assigned to the ANGUS would be accepted as credit for the applicant's military education requirements.  The Director of the Joint Staff concluded by stating that he and The Adjutant General urge the corrections board to favorably endorse the applicant's request for correction of military records by removing the non-selection action subsequent to the FY 2009 LTC - COL APL DA Board.

11.  In the processing of this case an advisory opinion was obtained from the Chief, Personnel Division, NGB, who recommended approval of the applicant's request for removal of his first board appearance and results of the FY 2009 LTC - COL APL DA Board from his records.  He stated his favorable recommendation was based upon the fact that the applicant was not notified by either the State Military Personnel Office (G-1) or Training Division (G-3) in accordance with Army Regulation 135-155 (Army National Guard and U.S. Army Reserve (USAR) - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) and the fact that he completed the Air Command and Staff College Distance Learning Program while assigned to the ANGUS.

12.  The advisory official also recommended the LAARNG Military Personnel Office submit a request to be granted constructive/equivalent credit for the Army ILE course based upon his completion of the Air Command and Staff College Distance Learning course through the NGB Training Division in order to be forwarded to the Secretary of the Army (SA) for consideration based upon Army Regulation 350-1 (Army Training and Leader Development), paragraph 3-34.

13.  The advisory official recommended that the applicant not be referred to a Special Selection Board (SSB), due to the fact he did not meet the military education requirements for promotion to COL at the time and it would result in his non-selection.  He stated the applicant should not be granted a military education waiver for consideration by the mandatory DA COL Selection board because Human Resources Command (HRC) promotion guidance does not allow them for consideration for promotion to COL.  He concluded by recommending the applicant either complete the ILE course or request constructive/equivalent training credit for ILE prior to the next mandatory selection board.

14.  On 3 March 2010, an Officer Personnel Manager from the Office of the Adjutant General, Joint Force Headquarters - Louisiana, Camp Beauregard, rendered a memorandum addressed to the Chief, Training Division of the NGB wherein he requested the applicant be granted constructive credit for the Army ILE course based upon his completion of the Air Command and Staff College Distance Learning course on 18 February 2003 and the fact he was currently enrolled in the Distance Learning Army ILE course.  On 23 March 2010, this request was endorsed with a recommendation for approval by the Deputy J-1 of the LAARNG and forwarded through the Chief, Training Division of the NGB to the Office of the Deputy Chief of Staff (DCS) G-3/G-7 (Training Directorate) of Headquarters, DA.

15.  On 23 April 2010, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

16.  An undated DA, Office of the DCS G-3/G-7, Pentagon, Washington, DC, memorandum, Subject:  Equivalent Credit for Intermediate Level Education [applicant's name and SSAN] shows the applicant's request for equivalent credit for ILE and Joint Professional Military Education (JPME) Phase 1 was approved by the Director of Training.

17.  Army Regulation 135-155, paragraph 3-4, states the Chief, NGB and the Commander, HRC, Chief, Office of Promotions (RC), or their respective designees will notify each ARNGUS and USAR officer in the zone of consideration for mandatory selection board consideration.  This notice will be dispatched at least 90 days before the convening date of the board, and will include the date on which the board is to convene and the name and date of rank of both the junior officer and senior officer in the primary zone as of the date of the notice.

18.  Army Regulation 135-155, paragraph 3-4, provides the SA has delegated the authority to convene SSBs to the DCS, G-1.  The DCS, G-1 will convene promotion advisory board/special selection boards on an "as needed" basis.  These boards will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error.

19.  Army Regulation 350-1, paragraph 3-34g, provides eligible officers may qualify for constructive or equivalent credit.  Constructive credit may be granted in lieu of course attendance based on duty assignment history and past academic experiences.  Equivalent credit may be granted in lieu of course attendance based on assignment as a course faculty member.  Individuals awarded constructive or equivalent credit must possess the same skills and qualifications as course graduates.  Officers awarded constructive or equivalent course credit will be considered for promotion, assignment, or other personnel actions on the same basis as graduates of the course concerned.  The HQDA, DCS, G-3/5/7 is the approval authority for constructive and equivalent credit. Requests for credit will include a crosswalk of requestor's military and academic experiences as they relate to the ILE terminal learning objectives, an outline of the individual's prior leadership and technical training and experiences with supporting documentation.  Individuals will submit the request through command channels for approval to the appropriate personnel command. The appropriate Personnel command will forward request to the HQDA, DCS, G-3/5/7 (Training Directorate) with recommendation for action.

20.  A review of the FY 2010 LTC - COL APL DA Selection Board results show the applicant was considered and selected for promotion to COL.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for removal of his first board appearance and results for the FY 2009 LTC - COL APL DA Selection Board from his record was carefully considered and determined to have merit.

2.  Evidence clearly shows he was not personally notified of his eligibility for consideration by the Chief, NGB and the Commander, HRC, Chief, Office of Promotions (RC), or their respective designees.  Additionally,

	a.  the RCS-AG-601 roster, dated 22 October 2008, did not indicate he was required to appear;
	b.  the MILPER message which accompanied the aforementioned
RCS-AG-601 stated the ARNGUS G-1 requested that no new O-5s be boarded on the 2009 COL APL DA Board and defined a zone of consideration that would preclude his appearance; and 

	c.  the Supplemental RCS-AG-601 notification, dated 19 December 2009, was never received or acknowledged by any NGLA email recipient and was issued during the period approved for cessation of operations in observance of Christmas block leave authorization.

3.  In view of the foregoing and in the interest of equity, it would be appropriate to remove all references to his board appearance and results of the FY 2009 LTC - COL APL DA Selection Board from his records.  Additionally, this record of proceedings should be filed in the restricted portion of his OMPF.

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 removing all references to his first board appearance and results of the FY 2009 LTC - COL APL DA Selection Board from his OMPF.  Additionally, this record of proceedings will be filed in the restricted portion of his OMPF.



      ___________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)                                         AR20100013319



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ABCMR Record of Proceedings (cont)                                         AR20100013319



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