IN THE CASE OF:
BOARD DATE: 14 April 2011
DOCKET NUMBER: AR20100018724
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 correction of his military records to show he was granted a waiver of the military education requirement for consideration for promotion to major.
2. The applicant states he was considered educationally unqualified for selection. The selection board was scheduled to convene on or about
2 February 2010. He completed the Engineer Captains Career Course on
5 February 2010. He submitted a letter to the selection board informing them of his enrollment in Phase V of the course and his approximate date of graduation. However, his records were not reviewed. He is currently deployed in a major's position.
3. The applicant provides copies of his DA Form 1059 (Service School Academic Evaluation Report), dated 2 March 2010; and an undated memorandum from Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, informing him of his selective continuation on the Reserve Active Status List.
CONSIDERATION OF EVIDENCE:
1. On 13 December 1996, the applicant was appointed in the U.S. Army Reserve (USAR) as a second lieutenant.
2. The applicant was promoted to captain, USAR, Engineer Corps, with a date of rank of 23 April 2003.
3. On 5 March 2010, the applicant completed the Engineer Captains Career Course at Fort Leonard Wood, MO.
4. In the processing of this case, on 8 March 2011, a staff advisory opinion was obtained from the Chief, Officer Promotions, Special Actions Branch, U.S. Army Human Resources Command, located at Fort Knox, KY. The advisory official stated that the applicant had completed the military educational requirement for promotion consideration to major on 5 March 2010 while the Fiscal Year 2010 Major Army Promotion Board was still in session. The official recommended that the applicant be granted a waiver for this military education requirement and receive consideration for promotion by a Special Selection Board (SSB). The advisory official makes no mention as to why the applicant had not completed the military education requirement earlier.
5. On 8 March 2011, a copy of the advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
6. Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the USAR, and warrant officers of the USAR. It provides that the military education requirement for promotion to major is the completion of any officer advanced course not later than the day before the selection board convening date. The Commander, U.S. Army Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he was granted a waiver of the military education requirement for consideration for promotion to major.
2. The applicant states he was considered educationally unqualified for selection because he had not completed the Engineer Captains Career Course prior to the convening of the 2010 Major Army Promotion Board. However, he offers no explanation as to why he failed to complete the required training prior to the convening of the board.
3. Nonetheless, denial of the applicant's request would be unfair and result in too harsh a penalty.
4. In view of the foregoing, the applicant's request for a waiver of his military education for calendar year 2010 should be granted and his records should be submitted for consideration by an SSB under the 2010 promotion criteria for major.
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:
a. showing his military education requirement was waived for calendar year 2010;
b. submitting his records to a duly constituted Special Selection Board for promotion consideration for major under the 2010 year criteria;
c. that if selected, his records be further corrected by showing he was promoted to major on his date of eligibility, as determined by appropriate Departmental officials, under the 2010 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and
d. that if not selected, the applicant be so notified.
_______ _ 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) AR20100018724
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018724
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100025819
The applicant requests correction of his record to show he was granted a waiver for the military education requirement for the 2010 Major (MAJ) Department of the Army (DA) Reserve Components Mandatory Selection Board and consideration for promotion by a special selection board. The official stated that the 2010 DA Reserve Components Selection Board considered him for promotion but he was not military education qualified and he did not request a waiver prior to the board; therefore, he was...
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...
ARMY | BCMR | CY2008 | 20080017581
The applicant states that he met the requirements for requesting an education waiver and submitted the request for a military education waiver to his branch manager prior to the Fiscal Year 2008 (FY08) Reserve Components Selection Board (RCSB). The letter also notified him that the records reviewed by the RCSB did not indicate he had completed the required military education by the date the board convened and that he should review the mandatory education requirements for promotion as...
ARMY | BCMR | CY2007 | 20070011798
The applicant requests correction of his military record to add a waiver of the military education requirement for consideration for promotion to major, and that his record be reconsidered by a Special Selection Board for promotion to major under the 2007 criteria. The advisory official recommends that the applicant be granted an education waiver and be considered by a Special Selection Board under the 2007 criteria. The applicant completed his military education requirement...
ARMY | BCMR | CY2010 | 20100009095
The opinion points out: * The applicant was considered but not selected by the 1996, 1997 (1996F2), and 1997 Captain, Department of the Army Reserve Components selection boards * These board were held in 1995, 1996, and 1997 calendar years * The reasons for the non-selection for the 1996 and 1996F2 boards are unknown because board deliberations are not a matter of record; however, in the applicant's case for these two boards, he was educationally qualified * The non-selection letters the...
ARMY | BCMR | CY2005 | 20050000003C070206
The applicant was also not eligible for selection because he did not meet the education requirements for promotion, which was completion of an officer advance course. In the processing of this case a staff advisory opinion was obtained from the Office of Promotions, Reserve Components, Human Resources Command (HRC) – St Louis, which opines, in effect, that while the reasons for his nonselection are unknown, the applicant could not be selected based on the fact that he had not completed the...
ARMY | BCMR | CY2012 | 20120005333
He contends he never received CGSCO/ILE enrollment information or instructions from MAJ P. and the applicability of the CGSC/ILE requirement at this time was never addressed. c. In order to be promoted to LTC an individual must have completed 7 years of time in grade as a MAJ and the military education requirement is 50% completion of CGSC or equivalent on or before the convening date of the respective promotion board. Based on Army Regulation 135-155, in order to be promoted to LTC an...
ARMY | BCMR | CY2002 | 2002078288C070215
The regulation provides that in order to be qualified for promotion to major an individual must have completed 7 years of time in grade as a captain and an officer advanced course on or before the convening date of the respective promotion board. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded: The evidence of record clearly...
ARMY | BCMR | CY2014 | 20140008758
ILE constructive credit was never a requirement for him to be educationally qualified. The advisory official states HRC is not the authority to grant credit for military education - this is very misleading because they are the office that marks the file educationally qualified. Officers not educationally qualified will not be selected for promotion.
ARMY | BCMR | CY2007 | 20070008786
Department of the Army Memorandum, dated 31 August 2006, with subject: Reserve Component Promotion Board Military Education Waiver Guidance states that, in accordance with paragraph 2-15b of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), the Chief, Office of Promotions, may grant waivers for non-statutory military education promotion requirements and grant military education waivers to requesting officers. The regulation...