IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130014767 


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 (MAJ).

2.  The applicant states:

	a.  He is an Individual Ready Reserve (IRR) Soldier and he completed phases I and II of the Captain Career Course (CCC).

	b.  While he was in the IRR, his packet went to the Reserve Component (RC) MAJ Promotion Board for fiscal years (FY) 2012 and 2013 but he was not promoted due to lack of military education. 

	c.  Since leaving active duty in 2007, he has been involuntarily recalled and took a Contingency Operation for Active Duty Operational Support (CO-ADOS) assignment at the Pentagon for two years (2009-2011).  His command at the Pentagon would only allow him to complete up to phase II of the Signal CCC-RC.

	d.  After his CO-ADOS tour was completed in November 2011, he returned to the IRR.  The FY12 was his In-The-Zone look and he was not selected because of incomplete military education.  Reading the military personnel (MILPER) message for the FY11 board, there were procedures for requesting a military education waiver. 

	e.  In 2012, he was newly married and convincing his wife of his return to the military, even in a Reserve status, took some time.  He was placed in the Standby Reserve for a few days until his request to remain in the IRR was processed.  In January 2013, he joined a Troop Program Unit (TPU) and signed up for the SCCC-RC phases III and IV.  Currently, he is scheduled to attend the class.  Also, he has applied and has been accepted for a CO-ADOS assignment with the U.S. Central Command (CENTCOM).  However, because of his two time non-select, the Army is separating him and he does not have time left to take the assignment.

	f.  He is requesting a military education waiver be granted for the FY13 MAJ board and that he be evaluated as if he had the waiver for promotion.  He is requesting to stay in the U.S. Army Reserve (USAR) pending the results of the board, thus giving him time left to start and finish the CENTCOM assignment.  He further request the ABCMR contact the U.S. Army Human Resources Command (HRC) Special Actions Branch and direct them to not discharge or separate him at this time. 

	g.  He believes that if he had been able to attend the SCCC-RC phase IV while on his CO-ADOS tours at the Pentagon, he would have been promoted to MAJ in FY12 without any issue.  He was also unaware that IRR Soldiers are held to the same standards as TPU and active duty Soldiers.  When he was recalled in 2008, they had IRR Soldiers who had been promoted 2 or 3 times without completing their military education requirements.

3.  The applicant provides:

* DA Form 1059 (Service School Academic Evaluation Report)
* Officer Record Brief
* Meritorious Service Medal Certificate 
* active duty orders
* reassignment orders
* three DA Forms 67-9 (Officer Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a Reserve commissioned officer, Signal Corps, on 1 June 2002.  He was promoted to first lieutenant on 1 December 2003 and to captain on 1 September 2005.

2.  Orders issued by HRC, dated 19 November 2009, ordered him to active duty for a period of 365 days with a report date of 23 November 2009.

3.  HRC issued orders dated 14 October 2010 extending his period of active duty by an additional 365 days.

4.  A DA Form 1059 shows he completed the SCCC-RC phases I and II on 
4 December 2011.

5.  In the processing of this case, an advisory opinion was obtained from the HRC, Officer Promotion Branch.  This office recommends denial of the applicant's request and states:

	a.  The military education requirement for promotion to MAJ is completion of any officer advanced course, CCC, or equivalent in accordance with Army Regulation 135-155 (Army National Guard and U.S. Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers).

	b.  In order to be granted a military education waiver for promotion, an applicant must have completed at a minimum the non-resident portion of the course and be schedule for the resident phase as established by MILPER
11-338, dated 28 October 2012.

	c.  According to the Army Training Requirement and Resources System (ATRRS), the applicant completed phase I and phase II of his CCC.  He failed to show due diligence by requesting a military education waiver based upon the requirements above or as an exception to policy due to his perceived exigent circumstances by the dictated suspense of 20 January 2012 as directed by the aforementioned MILPER message.  He stated in his application he knew there was a process for requesting a waiver and that he failed to request one.

d.  The applicant was again considered by the FY13 MAJ Promotion Board and he failed to request a waiver for his military education.  He was also considered for Selection Continuation (SELCON) by the FY13 Promotion Board but subsequently not recommended and he will be discharged as of 1 January 2014.

6.  The advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal.  No response was received.

7.  Army Regulation 135-155 provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States and the USAR and warrant officers of the USAR.  It provides that the military education requirement for promotion to MAJ is the completion of any officer advanced course not later than the day before the selection board convening date.  The Commander, HRC, Chief, Office of Promotions, is the approval authority for exceptions to non-statutory 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 MAJ.

2.  He contends that his chain of command would not allow him to complete the required military education for promotion to MAJ.  However, there is no evidence in the record and he failed to provide evidence substantiating his contentions.

3.  The available evidence shows he was aware of the educational requirements for promotion to MAJ and that he was also aware of the process for requesting a military education waiver.  Therefore, it appears he failed to exercise due diligence by failing to request a military education waiver in a timely manner.

4.  There is no evidence of error or injustice in this case.  As a result, there is no 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)                                         AR20130014767



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ABCMR Record of Proceedings (cont)                                         AR20130014767



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