IN THE CASE OF:
BOARD DATE: 8 February 2011
DOCKET NUMBER: AR20100017098
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 his records be corrected to show he met the criteria for a military education waiver for the 2008 lieutenant colonel (LTC) Reserve Component Selection Board (RCSB) and he requests consideration by a special selection board (SSB) for promotion to LTC.
2. The applicant states, in effect, he completed two of the three phases of the Intermediate Level Education (ILE)-Common Core (CC) online, but he was unable to submit a request for an education waiver. He was not considered for promotion by the 2008 LTC RCSB because an allegation was raised that he plagiarized a paper prior to the Board convening. The allegation was later determined to be unfounded. Therefore, he requests a military education waiver and consideration for promotion by an SSB.
3. The applicant provides:
* memoranda to and from the U.S. Army Human Resources Command, St. Louis (HRC-STL), MO
* a course completion notice
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant's records show he was appointed as a U.S. Army Reserve (USAR) Adjutant General's Corps second lieutenant and executed an oath of office on 9 March 1989. He served in staff and leadership positions and attained the rank of major (MAJ) on 17 August 2002 and LTC on 30 December 2009. He is currently assigned to Fort Knox, KY, as a USAR LTC on active duty in the Active Guard Reserve Program.
2. On 29 August 2008, he requested an education waiver for the September 2008 LTC promotion board by memorandum to HRC-STL based on extenuating circumstances. He stated he completed phases I and II of Reserve Component ILE in August 2008, but he had not been able to complete phase III to date. He anticipated completion of phase III by year's end.
3. On 5 September 2008, an official at HRC-STL Promotions notified him by letter that the military education requirements for LTC is 50 percent completion of the Command and General Staff Officer Course or 100 percent completion of ILE-CC or the equivalent. In order to be eligible for a waiver, he must have completed phases I and II of the non-resident ILE-CC at a minimum. Verification from Fort Leavenworth, KS, obtained telephonically on 3 September 2008 indicated he had not completed phase II requirements. Therefore, his waiver was denied.
4. He submitted an email from the Department of Distance Education, Fort Leavenworth, KS, dated 2 September 2008, that shows he completed phase II on 2 September 2008.
5. His official education records show he completed ILE-CC phase I on 24 July 2008 and phase II on 18 June 2009.
6. The 2008 LTC RCSB convened on 8 September 2008 and recessed on 24 September 2008.
7. Army Regulation 135-155 (Army National Guard and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve and Army National Guard officers. This regulation specifies that promotion 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. Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual's non-selection by a promotion board and that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's education records contain conflicting information regarding completion of phase II of the ILE-CC. He provides an email that shows he completed this phase on 2 September 2008; however, his official education records at Fort Leavenworth, KS, show he completed this phase on 18 June 2009.
2. As he did not meet the criteria for an education waiver in 2008, he was not eligible for consideration for promotion by the 2008 RCSB. Therefore, there is insufficient evidence to grant him the requested relief.
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 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) AR20100017098
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