IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20110002949 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

13.  On 3 February 2011, new information was received from the applicant in regard to the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100015255, dated 8 June 2010.

14.  The evidence submitted consists of a memorandum, dated 2 August 2010, from the Chief, Special Actions Branch, Department of the Army Promotions, St. Louis, MO, and a self-authored letter, dated 3 February 2011. 

15.  In his memorandum, the Chief, Special Actions Branch, Department of the Army Promotions, states that the applicant's promotion orders have been amended to show his effective date and date of rank (DOR) to major (MAJ) as  28 June 2000 with entitlement to all back pay and allowances.  He adds:

	a.  Based on the applicant's new MAJ's DOR of 28 June 2000, and the time in grade requirements to lieutenant colonel (LTC) of 7 years, his promotion eligibility date is 27 June 2007.  He was eligible for a special selection board (SSB) for calendar years 2006, 2007, and 2008 if appropriate.  However, his official military personnel file does not reflect he is military educationally qualified.  The military education requirements for MAJs to LTC is 50% completion of legacy CGSOC (Command and General Staff Officer Course)  or 100% completion of ILE (Intermediate Level Education) - Common Core (CC), or equivalent.  

	b.  In order to be eligible for a waiver, the applicant would have had to complete a minimum of Phases I and II of non-resident ILE-CC to be granted a waiver.  Since the Board directed an SSB based on the applicant's new DOR, a supplementary proceeding granting him a military education waiver for the 2006, 2007, and 2008 boards is needed.  The applicant was also considered and not selected by the 2009 LTC Army Medical Selection Board that convened on 5 May 2009, but he was not selected. 

16.  The applicant submitted a self-authored statement wherein he recapped what occurred throughout his military service and how he was erroneously discharged in February 2001 for being two-time non-select for promotion to MAJ. Nevertheless, he soldiered on, enlisted in the Army National Guard, and deployed to Iraq.  He retired on 1 July 2010.  He adds:

	a.  He was notified in June 2010 that the Board granted him relief with respect to the DOR to MAJ which made him eligible for promotion to LTC in 2007.  He has not and could not have completed ILE.  When he was reinstated as an officer, he applied for ILE but he was informed even if he completed it and was selected for promotion to LTC, he would not be able to serve long enough in that grade.  Additionally, at the time, his group was extremely busy addressing issues of wounded, ill, and injured Soldiers, and he felt his time would be best used by staying with his team.

	b.  Had he been promoted to MAJ on time he would have had time to attend and complete the required education.  Additionally, during his assignment to the Army Reserve Warrior and Family Assistance Center, he was slotted in an LTC position, served with distinction, and received a Meritorious Service Medal.

ADDITIONAL DISCUSSION AND CONCLUSIONS:

6.  At the time of the decision in ABCMR Docket Number AR20100015255, dated 8 June 2010, it was the intent of the ABCMR to make the applicant’s record as administratively correct as it should properly have been at the time.

7.  The ABCMR's decision in Docket Number AR20100015255 granted the applicant relief in that it stated, in pertinent part, his records should be submitted to a duly-constituted SSB for promotion consideration to LTC under the appropriate criteria.  However, it did not address his military education. 

8.  In not promoting him to MAJ in a timely manner, the Army disadvantaged the applicant in regard to completing the military education required for promotion to LTC.  It was the Board's intent to make the applicant whole, which should include showing he was granted a military education waiver when he was considered by the SSBs under the 2006, 2007, and 2008, and now the 2009, criteria.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) requires the mandatory consideration of Army Reserve commissioned officers for promotion to the next higher grade at specified times in their careers as determined by the officer’s year in grade and years of commissioned service.  While promotion consideration is mandatory, selection for promotion is contingent upon an officer meeting promotion eligibility requirements and whether he or she has successfully participated in Reserve training.  Table 2-1 of this regulation states that the minimum years in the lower grade for a MAJ to be considered for promotion to LTC is 4 years and the maximum years in the lower grade for a MAJ to be considered for promotion to LTC is 7 years. 

10.  By memorandum dated 31 August 2006, the Office of the Deputy Chief of Staff, G-1 stated that Army Regulation 135-155, paragraph 2-15b allows for the Chief, Office of Promotions, Reserve Components to grant waivers for non-statutory military education promotion requirements.  In the past, officers granted waivers could be selected but were not promoted until they completed the prescribed military education.  A recent legal review has deemed the delay of promotion under these conditions as legally objectionable.  As a result, new guidance was issued with respect to military education waivers.

11.  The G-1 memorandum went on to state that the Chief, Office of Promotions, Reserve Components retains authority to grant military education waivers to requesting officers, but waivers must be granted under more restrictive conditions.  Paragraph 2c of the memorandum set guidance granting military education waivers for LTC boards, which was that the military education requirement was 50% completion of legacy CGSOC or 100% completion of ILE-CC, or equivalent.  In order to be eligible for a waiver, the officer must have completed at a minimum phases one and two of the non-resident ILE-CC.

12.  The G-1 memorandum also stated that, in situations where the officer applying for a military education waiver does not meet the minimum conditions set out in paragraphs 2a through 2d, and the Chief, Office of Promotions, Reserve Components deems the case to have merit, the military education waiver approval authority was Commander, Human Resources Command.

13.  The ABCMR's decision in Docket Number AR20100015255, failed to grant the applicant a military education waiver for 2006, 2007, and 2008 selection boards (and now the 2009 selection board).  Therefore, the applicant is entitled to correction of his records to show he was granted a military education waiver for promotion consideration to LTC. 


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 amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20100015255, dated 8 June 2010, to amend paragraph b of the BOARD DETERMINATION/RECOMMENDATION to read:

	b. showing he was granted a military education waiver and then submitting his records to a duly-constituted SSB for consideration for promotion to LTC/O-5 under the appropriate criteria for the 2006, 2007, 2008, and 2009 promotion boards; and 



      _______ _   _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)                                         AR20110002949



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Supplemental Record of Proceedings (cont)                 AR20110002949



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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