IN THE CASE OF:  	  

		BOARD DATE:  6 March 2015	  

		DOCKET NUMBER:  AR20140007191


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.  This applicant requests, in effect, constructive credit for the Intermediate Level Education (ILE) Advanced Operations Course (AOC) and as a result, consideration for promotion to lieutenant colonel (LTC) by a special selection board (SSB) under the Fiscal Year 2013 (FY13) LTC Promotion Selection Board (PSB) criteria.

2.  The applicant states:

   a.  Section VI (Military Education) of his Officer Record Brief (ORB) should show he completed ILE in 2012 and Command Staff College (CSC)/ILE-AOC prior to the convening date of the FY13 LTC PSB.

   b.  In accordance with the policy memoranda he provides, he should have received ILE-AOC constructive credit for his service in Key Developmental (KD) positions, as a Battalion (BN) S-3, a BN executive officer (XO), and a Brigade (BDE) Military Transition Training Team (MiTT) Chief, during the period 2006 – 2010.

   c.  Had he been included on the by-name list attached to the constructive credit memoranda, he would have been identified as ILE qualified and a CSC graduate during the FY13 LTC PSB and received a fair and equal review along with his peers who were able to complete ILE CSC prior to the FY13 LTC PSB and were listed ILE qualified without completing ILE AOC.

   d.  Branch officials informed him his name was not included on the list because he was currently enrolled in a 12-month distance learning (DL) ILE AOC.

   e.  He aggressively pursued DL ILE-AOC despite a demanding work schedule (completing KD assignments, an Operation Iraqi Freedom deployment, Korean assignment) because it was critical to remain competitive for promotion to LTC when limited means were afforded him to attend the backlogged resident ILE at Fort Leavenworth.

   f.  Based on the criteria listed in Military Personnel (MILPER) Message Number 12-361, Subject:  Constructive Credit for Army ILE AOC For Year Group 1994-2003 Army Competitive Category (ACC), dated 12 November 2012, he believes he should have been given AOC constructive credit along with his peers to remain equally competitive because he did not complete DL AOC until 30 May 2013.

   g.  In reality, by not being included in the message he was discriminated against for being an enrolled student in the DL ILE AOC and ultimately not provided the same fair look as his peers who were given AOC constructive credit upon completing ILE CC during the FY13 LTC PSB.

   h.  Considering the U.S. Army Human Resources Command's (HRC's) new emphasis on implementing the strength reduction of the Officer Corps, not being listed as ILE qualified/CSC graduate was a crucial and key discriminator in his board file during his last PSB.

3.  The applicant provides:

* Self-Authored Statement
* Army Memorandum, dated 19 September 2012, Subject: Request for ILE-AOC Constructive Credit for Year Group 1994–2003 Officers
* HRC Memorandum, dated 30 August 2012, Subject: ILE Constructive Credit Recommendation
* MILPER Message Number 12-361, dated 13 November 2012
* ORB dated 15 February 2013
* Self-authored timeline with associated email

CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the South Carolina Army National Guard on 28 January 1994 and served until he was honorably discharged on 16 July 1996.

2.  On 17 July 1996, he was appointed as a Reserve commissioned officer in the rank of second lieutenant/O-1 and executed an oath of office.

3.  The applicant was ordered to active duty on 18 March 1997.  He completed the Signal Officer Basic Course on 25 July 1997 and was ultimately promoted through the ranks to captain on 1 August 2000.

4.  His official military personnel file (OMPF) shows he completed the Military Police (MP) Captains Career Course on 16 February 2001.  He was promoted to major/O-4 in the MP Branch on 6 November 2006.

5.  He received multiple Officer Evaluation Reports for various reasons during the following periods: 

* 20050608-20060617, BN S3, 3rd MP Group
* 20060618-20070301, BN S3, Benning Criminal Investigation Division (CID) Bn
* 20070302-20070607, BN XO, Benning CID BN 
* 20070608-20080607, BN XO, Benning CID BN
* 20080608-20090105, BN XO, Benning CID BN
* 20090106-20100501, MiTT Team Chief, 4th Stryker BDE Combat Team

6.  His OMPF shows he completed ILE CC on 7 March 2012 and ILE-AOC (DL) on 13 May 2013.

7.  On 19 September 2012, the Director of Training, Office of the Deputy Chief of Staff, G3/G7 granted constructive credit for AOC to 871 Year Group 1994-2003 active component officers based on the officers' successful completion of a KD assignment.

	a.  Officers approved for ILE AOC constructive credit met at least one of the following criteria:

		(1)  served successfully in a major level KD position for a minimum of
18 months as of 1 February 2013 or 

		(2)  served at least 12 months in a major-level KD position at BN or BDE level or assistant BDE/division/corps staff position while in a deployed combat environment.

	b.  Officers must complete ILE CSC in order to receive full Joint Professional Military Education (JPME) 1/Military Education Level (MEL) 4 credit, are not authorized to attend any 10-month resident ILE course (Army ILE (Command and General Staff Officers Course), Sister Service ILE, or Foreign ILE), and will be allowed to attend a resident satellite course only if seats are available (as approved by exception by HRC on a case by case basis).

	c.  The officers' ORB awarding JPME 1/MEL 4 credit will be updated after the officers' completion of ILE CSC.

8.  On 22 May 2014, an advisory opinion was received from the Chief, Officer Promotions, HRC during the processing of this case.  The advisory official indicated the applicant's request for an SSB was without merit and recommended he follow the guidance set forth in MILPER MSG #12-361.  He further stated the message advised that officers may continue to request constructive credit after 
15 July 2013.

9.  On 19 June 2014, the applicant responded to the advisory opinion indicating his disagreement with its contents.  He argued that:

	a.  the HRC official did not address his source issue and provided no facts to support their opinion and

	b.  HRC could not deny the fact that he met the criteria in MILPER MSG #12-361 allowing him to receive AOC constructive credit and thereby in accordance with Army Regulation 600-8-29 (Officer Promotions), paragraph 7-2a(3) should be considered for promotion to LTC by an SSB.

10.  On 31 January 2015, he was retired from active duty by reason of "voluntary early retirement."  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 18 years, 2 months, and 1 day of creditable active duty service.

11.  The applicant's OMPF does not contain any documents to show he ever formally requested ILE AOC constructive credit through his chain of command to the proper authority.  It is also void of any documents showing he was prevented from initiating this request.

12.  MILPER MSG # 12-361, dated 13 November 2012, outlined the policy and criteria for awarding AOC credit to selected officers.  The Army transitioned from universal ILE to optimized ILE.  As a result of the transition, over 4,600 officers in Year Groups 1994-2003 were required to complete ILE via DL.  HRC reviewed the files of and recommended selected officers for ILE AOC constructive credit.


13.  Department of the Army (DA) Pamphlet 600-3 (Commissioned Officer Professional Development and Career Management) serves primarily as a professional development guide for all officers.  It describes the full spectrum of developmental opportunities an officer can expect for a successful career.  It also serves as a mentoring tool for leaders at all levels and is an important personnel management guide for assignment officers, proponents, and DA selection board members.  Its focus is the development and career management of all officers of the U.S. Army.  Chapter 15 pertains to the MP Branch.  Paragraph 15-3 identifies MP branch officer key development.  At the major level, KD developmental assignments include MP BN S3 or XO, MP BDE S3 or XO, CID BN/group S3 or XO, deputy division Provost Marshal (PM), installation deputy Director of Emergency Services or PM (when authorized major or higher), BDE/division MP planner, OPMG staff officer and Regional Corrections Facility or CID Field Office commander (when authorized a major).

14.  Army Regulation 350-1 (Army Training and Leader Development) prescribes policies, procedures, and responsibilities for developing, managing, and conducting Army training and leader development.  Paragraph 3-18 states the Headquarters (HQ), DA Deputy Chief of Staff (DCS), G-3/5/7 delegates authority to approve or disapprove all Active component/Reserve component officers, noncommissioned officers (NCO) and Army Civilian Corps requests for constructive and equivalent credit requests for Basic Officer Leadership Course, Captains Career Course, ILE, Warrant Officer Education courses, nonresident ILE, NCO Education System waivers, and Civilian Education System Basic, Intermediate and Advanced Courses to the Director of Training, G-3/5/7.  This delegation of authority does not inhibit the G-3/5/7 from reviewing all decisions.  Requests for credit will be submitted on a fully completed and signed DA Form 4187 (Personnel Action), and include an outline of the individual's prior leadership and technical training and experiences as they relate to the critical terminal learning objective.  Include a commander's verification of body composition compliance (DA Form 5500/DA Form 5501) with the most recent Army Physical Fitness Test result (DA Form 705 (Army Physical Fitness Test Scorecard)) copies of the last three officer or academic evaluations reports (if available), a copy of DA Form 4037 (Officer Record Brief), and any other relevant supporting documentation.  Submit the request through command channels, their component personnel command, to the HQ, DA DCS, G-3/5/7 Director of Training. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he met the requirements to receive AOC constructive credit and that his ORB should be updated to show he earned this credit prior to the convening date of the FY 2013 LTC PSB and that as a result he should be granted an SSB.  However, there is no evidence of record and the applicant failed to provide any evidence to show he followed the guidance in MILPER MSG # 12-361 to formally request AOC constructive credit through the appropriate command channels to the HQDA DCS, G-3/5/7 Director of Training.

2.  The AOC educates and trains field grade leaders to serve as staff officers and commanders with the ability to build teams, lead organizations and integrate unified land operations with joint, interagency, intergovernmental, and multinational partners in complex and uncertain environments.  The Army announced the criteria and mechanism for submitting requests for constructive credit for commissioned officers.

3.  KD positions are specified by branch or functional area and are revised periodically.  A KD position is one that is deemed fundamental to the development of an officer in his or her core branch or functional area competencies or deemed critical by the senior Army leadership to provide experience across the Army's strategic mission.  The majority of these positions fall within the scope of the officer's branch or functional area mission.

4.  An officer who was not selected can still apply for constructive credit.  The Army G-3 has a process in place to request constructive credit and receive constructive credit even though an officer is not KD complete.  Constructive credit has always been an option and will continue to be in the future.  The DCS, G-3/5/7 approves all requests for constructive credit in accordance with Army Regulation 350-1.

5.  Assignment officers conducted an initial scrub of eligible officer files for the first iteration of constructive credit.  At the time, the HRC determined the applicant did not meet the criteria.  Nevertheless, there will be future file reviews for officers who later complete the criteria.  Officers can also submit individual packets through their chain of command and/or assignment officer (for active Army) that correlates their experience to specific training and required learning outcomes that are part of the ILE-AOC curriculum.

6.  The applicant has not shown an error or an injustice and, as such, he is not entitled to the 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)                                         AR20140007191



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ABCMR Record of Proceedings (cont)                                         AR20140007191



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