IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20140019741 


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 her discharge from the U.S. Army (USAR) be voided.

2.  The applicant states she had extenuating medical circumstances that prevented her from attending the basic officer leadership course (BOLC) within the prescribed time period.  She has a permanent profile and was authorized to take an alternate Army Physical Fitness Test (APFT).  She was told that if she passed the APFT and met the height/weight standards she would be sent to BOLC starting on 26 October 2014.  However, on 23 October 2014 she was told that her unit would not pay the associated costs to send her to school because she was scheduled for involuntary separation because she was twice not selected for promotion to captain.  

3.  The applicant provides copies of – 

* DA Form 705 (APFT Scorecard)
* DA Form 5501 (Body Fat Content Worksheet)
* FA Form 3349 (Physical Profile)
* Headquarters, 99th Regional Support Command memorandum dated 14 August 2014

CONSIDERATION OF EVIDENCE:

1.  Following Regular Army enlisted service, USAR enlisted service in a troop program unit, and completion of advanced civilian education, the applicant was appointed a USAR first lieutenant in the Medical Service Corps on 31 January 2011 for an indefinite term with approved age in grade and medical waivers.  Her duty position was clinical social work officer. 

2.  On 16 December 2014, the applicant was honorably discharged from the Army Reserve by Orders 14-321-00013 issued by the U.S. Army Reserve Command (USARC) on 17 November 2014.

3.  As evidence to support her application, the applicant provided the following documents:

   a.  A 14 August 2014 memorandum from Headquarters, 99th Regional Support Command, states if she was twice non-selected for promotion to captain she would be removed from the active status list in accordance with Title 10, U.S. Code, section 14504(a). 

   b.  A physical profile electronically signed by a medical doctor on 18 September 2014 that shows she received a permanent profile of "2" for her overall physical capacity or stamina.  The applicant was receiving treatment for a "bone condition" and was able to conduct all functional activities of soldiering with no limitations.  Her physical limitations were no running and no swimming.  She could take the alternate APFT of walking or biking.  She had no limitations for sit-ups or push-ups.  

	c.  A Body Fat Content Worksheet shows she was in compliance with the Army standards on 5 October 2014.

	d.  An APFT Scorecard shows she passed the APFT on 4 October 2014 with the alternate aerobic event of walking. 

4.  An advisory opinion was obtained from USARC in the processing of this application.  The Chief, Personnel Management Division, noted that the applicant was discharged because she had twice been non-selected for promotion.  The Chief also noted that, although the applicant claimed extenuating circumstances in her not meeting the education requirement, she had 3 years in which to complete BOLC.  The applicant was separated incompliance with the law and Army Regulation 135-175 (Army National Guard and Army Reserve - Separation of Officers).

5.  The advisory opinion was provided to the applicant for her rebuttal or comment.  No response was received within the time allotted. 

6..  Army Regulation 135-175 prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.  Paragraph 4-4a states officers of the Army Reserve will be removed from an active status as follows:
   
   a.  An officer in the rank of first lieutenant, captain or major who has completed their statuary military service obligation will be discharged for failure to be selected for promotion after a second consideration by a Department of the Army Reserve Component selection board.  
   
   b.  An officer who fails to complete required military education requirements in accordance with Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), table 2-2, or Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers).  Table 2-2 states that for first lieutenants being considered for promotion to captain they must have completed the resident officer basic course.  There are no exceptions or waivers authorized for this specific educational requirement.  
   
7.  Title 10, U.S. Code, section 14504a states that a first lieutenant on the reserve active status list of the Armed Forces who has failed selection for promotion to the next higher grade for the second time shall be separated not later than the 1st day of the 7th 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 states that she had extenuating medical circumstances that prevented her from attending BOLC.  However, she provided no evidence to support her argument.  The evidence provided shows she met medical retention standards with a permanent profile, met height and weight standards, and successfully passed an alternate APFT, albeit in early October 2014.  During this period she was advised she had not been selected for promotion to captain during a second consideration.  

2.  Notwithstanding the applicant’s contention she was prepared and ready to attend BOLC in October 2014, the law required her removal from an active status because she was twice not selected for promotion to captain.  Based on the evidence of record and the law, there is no basis for granting 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)                                         AR20140019741



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ABCMR Record of Proceedings (cont)                                         AR20140019741



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