BOARD DATE:	 11 December 2012 

		DOCKET NUMBER:  AR20120007732 


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 waiver for the date his military education equivalency credit was awarded
* reconsideration by a Special Selection Board (SSB) for the Fiscal Year (FY) 2009 Colonel (COL) Army Promotion List (APL)

2.  The applicant states he discovered an error in his records; however, the discovery was not made in time for the FY 2010 COL promotion board.  The U.S. Army Human Resources Command (HRC), Promotions Branch was not aware formal equivalency credit was required.  After the credit was granted, he was selected for promotion to COL by the FY 2010 SSB.  He was also approved for promotion by the FY 2009 SSB; however, a review panel determined the memorandum granting education equivalency was dated after the FY 2009 promotion board.

3.  The applicant provides:

* Self-authored statement
* Letter, requesting a waiver for military education, dated 26 August 2004
* Memorandum, subject: Promotion as a Reserve Commissioned Officer of the Army, Army Regulation 135-155, dated 18 March 2005


* Memorandum, subject: Change Date of Rank (DOR), dated 24 January 2009
* Email from the U.S. Army Reserve Command (USARC), subject: Equivalent Credit for Command and General Staff College (CGSC), dated 14 June 2010
* DA Form 4187 (Personnel Action), request for constructive credit, dated 16 June 2010
* Memorandum, subject:  Constructive/Equivalent Credit for CGSC, dated 
16 June 2010
* Memorandum, subject:  Equivalent Credit for Intermediate Level Education (ILE), dated 30 July 2010
* Memorandum, subject:  Equivalent Credit for ILE, dated 24 August 2010
* Memorandum, subject: Request for SSB, dated 14 January 2011
* Memorandum, subject:  SSB Notification - Reconsideration, dated
16 February 2011
* Memorandum, subject:  Promotion Consideration, dated 3 October 2011
* Letter from HRC, dated 7 October 2011
* Promotion Orders Number B-10-106673, dated 7 October 2011
* Memorandum, subject:  Request for SSB, dated 26 October 2011
* Memorandum, subject:  SSB Notification - Reconsideration, dated
10 January 2012
* Email, from HRC, subject:  SSB, dated 21 March 2012

CONSIDERATION OF EVIDENCE:

1.  After having had previous enlisted service, on 22 February 1985, the applicant was appointed as a Reserve commissioned officer in the Ordnance Corps.  He was promoted to lieutenant colonel (LTC) on 22 December 2004.

2.  The applicant provided a:

   a.  Letter, dated 26 August 2004, that was forwarded to the Commander, HRC, Office of Promotions, St. Louis, MO, wherein he requested a waiver for military education for the FY 2004 LTC promotion board, which convened on 
8 September 2004.  He noted he had been granted a waiver for the military education requirement giving him 18 months to complete 50 percent (50%) of CGSC for the FY 2003 LTC APL Board.  He further stated he was requesting the waiver because he was deployed and serving on his second activation in support of Operations Iraqi Freedom and Noble Eagle in Kuwait.



   b.  Letter, dated 18 March 2005, from the HRC, Chief, Office of Promotions, Reserve components, which shows his effective promotion date to LTC was 
22 December 2004.

   c.  Memorandum, dated 24 January 2009, he sent to the HRC, requesting a change to his DOR.  Within this memorandum, he stated his Reserve record on the HRC portal was showing an incorrect DOR of 15 February 2006 for promotion to LTC.  He indicated the correct DOR was 22 December 2004.  He further stated his DOR was in the zone of consideration for the Reserve COL Board, which was scheduled to convene in March 2009; however, his DOR was listed incorrectly on the HRC portal; therefore, he had not been notified of the board and he was unable to review his board files.

   d.  Email, dated 14 June 2010, the applicant sent to the HRC, Special Actions/DA Promotions Branch.  This email stated the applicant had seen a posting in his HRC portal board file indicating his U.S. Marine Corps (USMC) Amphibious Warfare School and USMC CGSC diplomas had posted to his board file, the documents the official had stated he needed.  The applicant noted that he submitted them on 20 May 2010 but they did not post until on or about 24 May 2010.  

3.  On 14 June 2010, an HRC official responded to the above email by stating:

	a.  The applicant was correct, the official had told him he needed to send in his diplomas for the USMC Amphibious Warfare School and USMC CGSC, and these diplomas were currently in his Army Military Human Resource Record (AMHRR).

	b.  However, the Chief of the DA Secretariat told the official he was incorrect when he told the applicant to send in these diplomas because USMC non-resident CGSC no longer qualified for educational credit unless a waiver had been granted for constructive/equivalency from the Army, Office of the Deputy Chief of Staff, G-3/5/7.

	c.  The official informed the applicant he would need to send a DA Form 4187 along with his diplomas to the Professional Development Branch at HRC, and an official in that office would be able to process the request for him.

	d.  The official stated he had been told, if the applicant acted quickly, there would still be time to get this action completed prior to the end of the promotion selection board.  In addition, the official apologized to the applicant for not being aware of the change in the educational criteria.

4.  An email, dated 14 June 2010, from an official at the Reserve Actions and Leader Development Division, HRC, wherein the official stated the action would 
need to be processed through HRC-St. Louis, to HRC-Alexandria, and finally through the Army, Office of the Deputy Chief of Staff, G-3/5/7, the proponent for Army training and the final approval authority.  The official was unsure of how quickly the action could be processed.  The official further stated in order to request equivalent credit for ILE-Common Core/CGSC 100% (Joint Professional Military Education (JPME) Phase I/Military Education Level 4 (MEL4)) the following documents were needed in his AMHRR. 

   a.  The following documents were to be added by the HRC official.

* His USMC Amphibious Warfare Distance Education Program - Distance Learning (DL) diploma
* USMC CGSC DL course diploma
* 50% certificate from Army CGSC
* DA Form 1059 (Service School Academic Evaluation Report) for his Associate Logistic Executive Development Course
* Course transcripts from the USMC

   b.  A DA Form 4187 signed by his TPU commander justifying the reason and rational for his request:
   
   c.  His DA Form 2-1 (Personnel Qualification Record), provided by his unit.
   
   d.  His military Résumé/Biography and any additional supporting documents further justifying constructive/equivalent credit.

5.  He provided a DA Form 4187, dated 16 June 2010, wherein he requested constructive credit for MEL4 and JPME Phase 1 in order to apply to Senior Service College and promotion to COL.  He accompanied his DA Form 4187 with a memorandum which essentially stated he was requesting constructive credit for USMC Non-Resident CGSC because he was told this USMC course no longer qualified for educational credit unless a waiver had been granted for constructive/equivalent credit for Army G-3/5/7.

6.  He provided a memorandum, dated 30 July 2010, by the Army Office of the Deputy Chief of Staff, G-3/5/7.  It stated his request for equivalent credit for ILE was approved and he had been awarded MEL4, ILE, and JPME Phase I completion credit.


7.  He provided a memorandum, dated 14 January 2011, that he sent to the HRC Evaluations and Promotions Division, wherein he requested an SSB to 
reconsider his promotion board packet for the FY 2010 Reserve Components COL APL Board, which convened from 8-30 June 2010.  He stated he was non-selected for promotion to COL because he failed to meet the military education requirements just days before the board convened.  He attached the memorandum, issued by the Army, Office of the Deputy Chief of Staff, G-3/5/7, dated 30 July 2010, which awarded him constructive credit for MEL4, ILE, and JPME Phase I.

8.  He provided a memorandum, dated 3 October 2011, issued by HRC informing him the SSB had selected him for promotion to COL based on the FY 2010 COL APL Board criteria.

9.  He provided promotion Orders Number B-10-106673, issued by HRC, dated 
7 October 2011.  These orders show his promotion effective date to COL and DOR as 22 December 2010.

10.  He provided a memorandum, dated 26 October 2011, he sent to the HRC Evaluations and Promotions Division, wherein he requested an SSB reconsider his promotion board packet for the FY 2009 Reserve Components COL APL Board, which convened in March 2009.  He stated he was non-selected for promotion to COL because he failed to meet the military education requirements. He attached the memorandum, issued by the Army, Office of the Deputy Chief of Staff, G-3/5/7, dated 30 July 2010, which awarded him constructive credit for MEL4, ILE, and JPME Phase I.  He stated he was granted reconsideration by an SSB for the FY 2010 Reserve Components COL APL Board, and promoted; however, there was virtually no difference between his FY2009 and FY2010 records.

11.  He provided a memorandum, dated 10 January 2012, from HRC informing him he would be reconsidered for promotion to COL by an SSB based on the 
FY 2009 COL APL Board criteria.

12.  He provided an e-mail from HRC, dated 21 March 2012, wherein he was informed he would no longer be considered for an SSB based on the FY 2009 criteria because the memorandum granting him constructive credit was not issued until 30 July 2010, which was well after the convening date of the FY 2009 COL APL Board.


13.  His military education transcripts show he completed the courses for which he was awarded constructive/equivalent credit for MEL4, ILE, and JPME Phase I prior to 1 January 2004.

14.  During the processing of this case, an advisory opinion was obtained from an official at HRC, on 11 June 2012.  The official stated:

	a.  Based on the information provided, the applicant's request has merit for an earlier equivalent credit date for ILE and CGSC and subsequent approval for reconsideration for promotion to COL under the FY 2009 criteria.  

	b.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-2 (Military Educational Requirements Commissioned Officers, Other Than Commissioned Warrant Officers Grade), lists the military education requirements for promotion selection (unless otherwise ineligible).  Further review of the applicant's records affirms he was considered and not recommended for promotion to COL by the FY 2009 APL promotion selection board that convened on 11 March 2009.  

	c.  There is more than a reasonable chance that the information he received from the official at HRC in the Special Actions/DA promotions branch may have led to his delay to formally apply for equivalent credit from the Director of Training. G-3/5/7 Military Education, Leader Development Division.

15.  Army Regulation 135-155 states to qualify for selection commissioned officers must complete the military educational requirements in table 2-2 not later than the day before the selection board convene date.  Table 2-2 states promotion from LTC to COL requires completion of Command and General Staff Officer Course (CGSOC).  

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows there was a miscommunication with promotion officials at HRC which may have caused a delay in the applicant requesting constructive/equivalent credit for the required military education.  In addition, the HRC advisory official opined the applicant's request for an earlier equivalent credit date for ILE and CGSC and subsequent approval for reconsideration for promotion to COL under the FY 2009 criteria has merit.  

2.  Therefore, based on the foregoing, it would be equitable to correct his record to show an approval for equivalent credit prior to the convening date of the FY 2009 COL APL Board and that he be granted promotion reconsideration to COL by an SSB under the FY 2009 criteria.  
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 showing the applicant's request for the required military education waiver was approved prior to the convening date of the FY 2009 COL APL Board.  Following the administrative implementation of the foregoing:

	a.  submitting his record to a duly-constituted SSB for promotion consideration to COL under the FY 2009 criteria;

	b.  if selected for promotion, correcting his record to show he was promoted to COL on his date of eligibility, as determined by appropriate departmental officials, 
using the FY 2009 criteria under which he was selected, provided he was otherwise qualified and met all other prerequisites for promotion; and

	c.  if not selected, the applicant should 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)                                         AR20120007732



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