IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100017663
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:
a. a waiver of the educational requirements for promotion to first lieutenant (1LT) and captain (CPT),
b. his date of rank (DOR) to 1LT be changed from 13 April 2009 to 12 September 1997, and
c. to be considered by a special promotion board for CPT.
2. The applicant states he was not given the opportunity to attend the officer basic course (OBC) in a timely manner.
3. The applicant does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. He was commissioned as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 11 March 1996.
3. He was assigned to the USAR Control Group (Annual Training). There is no evidence the applicant participated in any training in the USAR.
4. On 26 October 2001, the applicant was honorably discharged.
5. On 23 September 2008, the applicant was commissioned in the Minnesota Army National Guard as a 2LT. He completed the Basic Officer Leaders Course (BOLC) on 13 April 2009 and was promoted to 1LT effective 13 April 2009. He is eligible for promotion to CPT on 13 April 2011.
6. On 9 February 2010, the applicant submitted a request for an exception to policy to waive the education requirements for promotion to 1LT and CPT. In this memorandum the applicant detailed his military history and stated he had moved six times between 1994 and 1999 and kept the Reserve Officers' Training Corps (ROTC) advised of his current address.
7. In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB). The NGB chronicled the applicant's military history and states that since the applicant never completed BOLC when he was originally commissioned (which should have required the approval of NGB), he was not eligible for promotion to 1LT until he completed BOLC. NGB continues that the applicant did not take the proper initiative to complete his military training to establish his eligibility for promotion. NGB concludes that if the Board approves the applicant's request he would be immediately eligible for promotion consideration to major even though he has not had sufficient time to serve in appropriate leadership positions and, therefore, would not be competitive for promotion with his peers.
8. The applicant was provided a copy of the advisory opinion and responded. In this response the applicant explains how the approval of his request will improve the security of the Nation. The applicant takes exception to the use of the phrase "proper initiative" in dealing with his failure to complete BOLC since he used the chain of command to address the issue. He also takes exception to the phrase "afforded sufficient time to serve in appropriate leadership positions" since the governing regulations only suggest types of experience/assignments and does not require them for promotion.
9. In accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers), an officer must meet the required educational requirements prior to being promoted (in the case of 2LT's) or the convening date of the promotion board (for 1LT's and above).
DISCUSSION AND CONCLUSIONS:
1. The applicant was not eligible for promotion to 1LT until he completed BOLC.
As such, the effective date of his promotion to 1LT is proper.
2. The applicant admits to having moved five times, four of those moves being after he was commissioned.
3. While the applicant states he informed the ROTC of his current address, there is no evidence he informed the U.S. Army Human Resources Command (HRC) of his address changes. HRC is the command that would issue his BOLC orders.
4. It is apparent the applicant was, in fact, remiss in keeping the proper authorities apprised of his current address. It would be reasonable and prudent for an officer to contact the orders-issuing authority if expected orders were not forthcoming in a timely manner. In the applicant's case, he was discharged 5 1/2 years after being commissioned.
5. As such, there is no basis for granting the applicant's request to change the effective date or DOR of his promotion to 1LT. Since there is no basis to change his DOR to 1LT, there is no basis to grant his request for a special selection board for promotion consideration to CPT.
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) AR20100017663
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ABCMR Record of Proceedings (cont) AR20100017663
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