IN THE CASE OF:	  

		BOARD DATE:  13 June 2013

		DOCKET NUMBER:  AR20120020883 


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 reinstated as a commissioned officer in the U.S. Army Reserve (USAR).

2.  The applicant states he was discharged due to not being educationally qualified prior to 1 October 2012.  He states he completed his college degree program on 12 September 2012, but his school did not send his transcript until after 1 October 2012.  His delay in completing the requirements for his degree was due to an unfortunate set of family hardships.

	a.  He states that when his grandfather died in April 2008, he became the sole provider for his grandmother.  His grandmother had been his primary guardian and had raised him.  He had to manage her health and household while balancing the life of his own family.  Additionally, he had to attend the Basic Officer Leader Course (BOLC) from May to November 2008 which caused him to withdraw from Everest University in March 2008.

	b.  He states that his wife went through three high-risk pregnancies which resulted in two miscarriages in 2009 and 2010 and an ectopic pregnancy in 2012.  His wife had major surgery to remove one of her fallopian tubes.  These events traumatized his wife and him and put a halt to numerous life goals.

	c.  His wife's medical condition impacted her ability to work triggering additional financial hardship on the family.  As a result, he had to take on additional hours of work to provide support for his family.

	d.  He states that the U.S. Army Human Resources Command (HRC) was very supportive of him but because his school did not send his transcripts in a timely manner, HRC could not revoke the discharge orders.

3.  The applicant provides copies of:

* Orders C-06-715567, HRC, dated 8 June 2007
* obituary/funeral notice dated 12 April 2008
* Orders 12-243-00102, USAR Command, dated 30 August 2012
* Diploma, Bachelor of Applied Science Degree, ITT Technical Institute, dated 14 September 2012
* memorandum, 365th Combat Sustainment Support Battalion, dated 17 October 2012
* memorandum, 321st Sustainment Brigade, dated 17 October 2012

CONSIDERATION OF EVIDENCE:

1.  On 15 May 2007, the applicant accepted an appointment as a second lieutenant, USAR, Engineer Corps.

2.  A DA Form 1059 (Service School Academic Evaluation Report), dated 5 November 2008, shows the applicant failed to achieve BOLC standards.  He failed the Horizontal Exam twice with a score of 58 percent.

3.  A DA Form 1059, dated 26 November 2008, shows the applicant achieved BOLC standards with an average test score of 76 percent.  He was in poor physical shape, scoring only 190 points on the final Army Physical Fitness Test.

4.  Orders B-12-807866, HRC, dated 3 December 2008, announced the applicant's promotion to first lieutenant with an effective date and date of rank of 26 November 2008.

5.  A memorandum from the 81st Regional Support Command, dated 20 May 2011, subject:  Notification of Non-Selection for Promotion (1st Time), notified the applicant that he had been non-selected for promotion to captain.  The records reviewed by the selection board showed he had not completed the required civilian and/or military education by the day before the date the promotion board convened on 2 November 2010.  He was advised to contact his personnel management officer for assistance and advice for improving his potential for promotion.  He was informed that officers only received two opportunities for promotion.

6.  A review of the applicant's Interactive Personnel Electronic Records Management System and the remarks block of his Total Army Personnel Data Base-Reserve transaction history shows:

	a.  on 16 March 2012, the applicant was non-selected a second time for promotion to captain;

	b.  on 22 May 2012, the applicant exceeded the body fat standard with a height of 67 inches and a weight of 205 pounds; and

	c.  on 9 September 2012, an unofficial, unsigned copy of a college transcript, indicating the applicant was an honor graduate with a Bachelor of Applied Science Degree.

7.  Orders 12-243-00102, USAR Command, dated 30 August 2012, discharged the applicant from the USAR effective 1 October 2012.

8.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides:

	a.  effective 1 October 1995, that no person may be selected for promotion to the Reserve grade of captain unless, not later than the day before the selection board convening date, that person has been awarded a baccalaureate degree from an accredited institution recognized by the Secretary of Education; and

	b.  that officers meet the standards of the Army Body Composition Program in order to be promoted.

9.  Title 10, U.S. Code, section 14504(a), provides that a first lieutenant, USAR, who has failed selection for promotion to the next higher grade for the second time shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was reinstated as a commissioned officer in the USAR because he met the civilian education requirements prior to 1 October 2012.

2.  The available evidence clearly shows the applicant was required to have a baccalaureate degree from an accredited institution recognized by the Secretary of Education not later than the day before the selection board convening date.  However, he did not acquire his degree until 9 September 2012 which was well past the convening dates of the Fiscal Years 2011 and 2012 promotion boards.

3.  Records also show the applicant failed to meet the body fat standards of the Army Body Composition Program in May 2012, also making him ineligible for promotion.

4.  In view of the above, the applicant's request should be denied.

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)                                         AR20120020883



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ABCMR Record of Proceedings (cont)                                         AR20120020883



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