IN THE CASE OF:	  

		BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100017887 


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 military education waiver for intermediate level education (ILE) and consideration before a special selection board (SSB) for promotion to lieutenant colonel (LTC).

2.  The applicant states his promotion file was not considered by the September 2009 Department of the Army (DA) Reserve Components (RC) Selection Board because he did not meet the ILE military educational requirements for promotion consideration to LTC.  He states he submitted an educational waiver request through his Kansas Army National Guard (KSARNG) chain of command to the U.S. Army Human Resources Command (HRC) on 24 August 2009.  He states he never received a response and now he asks for a military education waiver for ILE and consideration before an SSB.

3.  The applicant provides the following documents in support of his application:

* letter from HRC-St. Louis, dated 2 June 2010
* email from U.S. Army Training and Doctrine Command (TRADOC), dated 21 August 2009
* memorandum to HRC-St. Louis, dated 24 August 2009
* Army Training Requirements and Resources System printout, dated 25 August 2009
* email from KSARNG, dated 25 August 2009
* memorandum to KSARNG, dated 2 February 2010
* memorandum from KSARNG through National Guard Bureau (NGB) to HRC-St. Louis, dated 8 February 2010
* memorandum from HRC-St. Louis, dated 2 June 2010

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service, the applicant accepted an appointment as a second lieutenant in the Texas ARNG on 28 July 1988.  He served continuously in the ARNG and was promoted to major (MAJ) in the KSARNG on 16 July 2007.

2.  On 8 September 2009, a promotion board was convened to consider MAJ's in the RC for promotion to LTC.

3.  On 18 September 2009, a DA Form 1059 (Service School Academic Evaluation Report) was completed showing the applicant had achieved course standards for the course titled, "U.S. Army Command and General Staff Officer Course (CGSOC) 1-250-ILE (Common Core (CC))."  This form shows the duration of this course was from 24 March 2008 to 16 September 2009.  The deputy director and director of the Department of Distance Education of the Command and General Staff College (CGSC) at Fort Leavenworth, KS, authenticated this form on 16 September 2009.

4.  On 22 September 2009, the promotion board adjourned.

5.  On 6 January 2010, the promotion list for LTC, Army Promotion List (APL), RC, was published and the results show the applicant was not selected for promotion due to not completing the required military education.

6.  On 23 February 2010, the 2010 ARNG Selection Retention Board recommended retaining the applicant in the KSARNG.

7.  The applicant provided an email from a TRADOC representative, dated 21 August 2009, who stated the applicant completed phase I of the ILE-CC on 29 August 2009.  She acknowledged he had submitted all requirements for phases II and III of ILE-CC.  She further stated she was still waiting for his grades from his required written assignments before she could issue a DA Form 1059 showing ILE-CC course completion.

8.  He provided a memorandum addressed to HRC-St. Louis, Office of Promotions, whereby he requested a military education waiver for ILE on 24 August 2009.  He stated he completed the distance learning requirements but he was "waiting [for] the final grades for written requirements for phase II and III."

9.  He provided an email showing KSARNG submitted a military education waiver request on his behalf to the NGB on 25 August 2009.  In his request, he stated he had extenuating circumstances that only recently allowed him to complete the course requirements for ILE-CC.  He further stated he completed the ILE-CC course on 21 August 2009 and was waiting for final grades for the written requirements.  Based on submitting his course documents, he stated he should be granted a waiver because "I have completed the distance learning requirements but do not have a DA Form 1059."

10.  He provided a letter he sent to the KSARNG Adjutant General requesting an SSB because he "anticipated selection for promotion…due to being [civilian education] and [military education] qualified."  He stated he based his ILE course completion notification on an email from the ILE Distance Learning Education offices at Fort Leavenworth, KS.  He stated he also contacted a representative at NGB who told him the email notification met the requirements for showing completion of the ILE-CC military education for the purpose of the promotion board.

11.  He provided evidence showing KSARNG submitted a request to 
HRC-St. Louis asking that his record go before an SSB based on a material error within his promotion board file due to the delayed posting of his DA Form 1059.  This letter stated the applicant completed all requirements for ILE-CC on "approximately 21 August 2009…However, he was waiting for final grades to be submitted and the DA Form 1059 to be published."

12.  He provided a letter showing he was informed on 2 June 2010 that he was considered by the Fiscal Year (FY) 2009 DA RC APL Promotion Board to LTC and found not educationally qualified for promotion consideration to LTC.  The source document shows an ILE-CC completion date of 16 September 2009.  Therefore, he was not considered educationally qualified because the course completion date was after the first day the promotion board convened.

13.  A member of the staff of this Board contacted KSARNG requesting a copy of the KSARNG letter to the applicant advising him he was not selected for promotion.  A memorandum was provided by KSARNG, dated 20 January 2011, showing his record was considered by the FY10 LTC RC promotion board, but he was not recommended for promotion.  He was advised the next board would consider his record and it was his responsibility to review it for accuracy.

14.  References:

	a.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policies and eligibility requirements for selecting and promoting officers of both the ARNG and the U.S. Army Reserve.  To qualify for selection, commissioned officers must complete the military educational requirements not later than the day before the selection board convening date.  To be fully qualified for selection, an officer must be eligible for consideration, participating satisfactorily, physically qualified, capable of performing the duties of the next higher grade, and educationally qualified.  To select those who are best qualified, the board must first determine which members of the promotion group are fully qualified.  The best qualified are then selected from that group.

	b.  Army Regulation 135-155 specifically states SSB's will be convened to reconsider officers who were either improperly omitted from consideration due to administrative error or who were non-selected for mandatory promotions as a result of material error.

	c.  Military Personnel (MILPER) Message Number 09-110, issued 14 May 2009, announced the FY09 RC, LTC, APL, Competitive Categories for Promotion Selection Boards Zones of Consideration.  Within this instructional message, it stated evidence that required military and civilian education must be in the officer's My Board File (MBF) maintained on the HRC website prior to the board convening date.  Further, it stated the military education requirement is 50 percent completion of the legacy CGSOC or completion of a non-resident 
ILE-CC with evidence of completion determined by a DA Form 1059.  Officers who are not educationally qualified will not be selected for promotion in accordance with the Director of Military Personnel Management Policy Memorandum, dated 31 August 2006, subject:  RC Promotion Board Military Education Waiver Guidance.

DISCUSSION AND CONCLUSIONS:

1.  The MILPER message announcement provided specific instructions to officers in the zone of consideration for promotion to LTC APL, including the applicant.  This message stated the only acceptable document to confirm course completion for military education was the DA Form 1059 and this form was to be filed in the officer's promotion record at least 1 day prior to the convening date of the promotion board.  The applicant's promotion board convened on 8 September 2009.

2.  While the applicant contends he should receive a military education waiver because he completed ILE-CC, he has not provided any mitigating evidence such as deployment in support of current combat operations or that he endured undue hardship that prevented him from completing the ILE-CC course standards in a timely manner.  In fact, he stated he completed this course and was waiting for his DA Form 1059.  However, the evidence of record shows he had not completed the ILE-CC course requirements before the promotion board convened on 8 September 2009.  The evidence of record clearly shows the applicant completed ILE-CC on 16 September 2009 when the appropriate authorities authenticated his DA Form 1059.  Therefore, the applicant did not meet the military education requirement for promotion consideration to LTC.

3.  Notwithstanding the applicant's argument that he received an email from a TRADOC representative saying all documents had been received, that email informed him that his written assignments had to be graded before a course completion certificate would be issued.  As such, she acknowledged she received his course documents.  However, she stated it should not be construed as notification he had completed ILE-CC.

4.  There is insufficient evidence that would warrant granting him a waiver for his military education requirement for ILE-CC so that he could meet the educational requirements for promotion consideration to LTC.  Without granting him this educational waiver, there is no evidence of a material error that would warrant consideration by an SSB.

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)                                         AR20100017887



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ABCMR Record of Proceedings (cont)                                         AR20100017887



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