IN THE CASE OF:	

		BOARD DATE:	26 April 2011

		DOCKET NUMBER:  AR20100025819 


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 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.

2.  The applicant states he made numerous updates to his record before the board met, but missed getting the educational waiver in on time due to going on temporary duty (TDY) and erroneous documents from another officer he was trying to have removed from his file.

3.  The applicant provides a copy of a letter from the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, Fort Knox, KY, dated 12 August 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently a captain in the U.S. Army Reserve (USAR).

2.  On 2 March 2010, the 2010 Department of the Army Reserve Components Mandatory Selection Board convened to consider USAR officers in the grade of captain for promotion to major.


3.  A letter from the Deputy Chief of Staff, G-1, Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, subject:  Notification of Non-Selection for Promotion (1st time), notified the applicant that he was considered, but not selected for promotion by the board.  The official further states that the available records did not indicate that he had completed the required civilian and/or military education by the day before the board convened on 1 March 2010.

4.  His record contains a DA Form 1059 (Service School Academic Evaluation Report) that shows he was enrolled in the Engineer Captains Career Course (CCC) beginning on 1 October 2007.  Through completion of the required correspondence and resident phases of the course, he completed all requirements on 5 March 2010.

5.  On 27 July 2010, the applicant requested consideration by a special selection board because his file was omitted from the recent Reserve Components Major's board due to missing education requirements.  He stated the education requirements are currently in his Official Military Personnel File (OMPF) and the interactive Personnel Records Management System (iPERMS).  He further stated he made numerous updates to his file before the board met but missed getting the education waiver in on time due to going TDY and erroneous documents from another officer he was trying to have removed from his file.  He asked that his file be reviewed again as a result of the above changes.

6.  On 12 August 2010, the applicant's request for consideration by a special selection board was denied by the Chief, Special Actions Branch, Department of the Army Promotions, U.S. Army Human Resources Command, Fort Knox.  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 non-selected for promotion.  The official further stated that due to the fact the education was completed after the board convened, their office does not have the authority to grant him a waiver for special board consideration.  He was advised to apply to this Board for the educational waiver.

7.  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 Army National Guard and the USAR.  To qualify for selection, commissioned officers must complete the military educational requirements no 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.

8.  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 not selected for mandatory promotion as a result of material error.

9.  Paragraph 2-8 of Army Regulation 135-155 states that in order to qualify for selection, commissioned officers must complete the military education requirements no later than the day before the selection board convening date.  The military education requirements from CPT to MAJ is any officer advanced course.  The regulation further specifies that the Chief, Office of Promotions, is the approval authority for all current criteria requests for exception to non-statutory promotion requirements (i.e., military/civilian education) and that requests must contain complete justification and be received prior to the board convening date.

10.  Army Regulation 135-155 further specifies that the Commander, HRC, Chief, Office of Promotions (Reserve Components) is the approval authority for all requests for exception to non-statutory promotion requirements.  Requests must contain complete justification, including recommendations by intermediate commanders when applicable.  The Army Board for Correction of Military Records (ABCMR) has the authority to grant a waiver for education for a past criteria.

11.  MILPER Message Number 09-269, issued on 10 November 2009, announced the Fiscal Year 2010 RC, Major, Army Promotion List (APL), competitive categories for promotion selection board zones of consideration.  Paragraph 1G within this instructional message stated that the military education requirements must be completed no later than the day before the boards convene.  Evidence of completion of the required military education must be in the officer's My Board File (MBF) maintained on the HRC website prior to the board convening date.  For these boards the military education requirement for captain is any officer advanced course (OAC) or CCC.  Evidence of completion is the 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.  Officers not having 


attained the requisite military education may request a waiver to the Chief, Officer Board Support (Special Actions), AHRC-PDV-PRS, 1 Reserve Way, St. Louis, MO  63132-5200.  Requests must contain complete justification, including recommendations of immediate commander when applicable.

DISCUSSION AND CONCLUSIONS:

1.  The MILPER message provided specific instructions to officers in the zone of consideration for promotion to MAJ 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.  His promotion board convened on 1 March 2010.

2.  He contends because of TDY and trying to get documents of another officer removed from his file he should receive a military education waiver.  However, there is no evidence of record and he did not provide any evidence that corroborates his contentions.  He also acknowledges he failed to get his education waiver in on time prior to the board convene date in accordance with the guidance provided in MILPER Message Number 09-269.

3.  His military service record shows he had not completed the Engineer CCC before the promotion board convened on 1 March 2010; however, he completed the education requirement on 5 March 2010.  Nevertheless, there is insufficient evidence that would warrant granting him a waiver for his military education requirement prior to the board convening date to meet the educational requirement for promotion consideration for the 2010 Major APL.  Without granting him this educational waiver, there is no evidence of a material error that would warrant consideration by a special selection board.

4.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  It is further noted that the applicant knew or should have known that completion of an OAC or a CCC has been a long-standing regulatory requirement.  The general requirements and workings of the system are widely known and specific details such as board dates and promotion selection board zones of consideration are widely published in official, quasi-official and unofficial publications, and in official communications.

5.  In view of the foregoing, there is insufficient basis to grant the applicant's 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 that 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)                                         AR20090015662



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ABCMR Record of Proceedings (cont)                                         AR20100025819



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