MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 January 1999                  
	DOCKET NUMBER:   AC98-07589

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his promotion to lieutenant colonel be backdated from 31 May 1996 to 31 May 1995, with all pay and privileges.

APPLICANT STATES:  His completion of the Marine Command and General Staff College Course (CGSSC) should be an acceptable alternative for completion of 50 percent of the Army CGSC.  He thought it would be in his best interest to learn more about another service and after completing 50 percent of the course, he learned it was not accredited by the US Army.  He further states because he enrolled and completed the requirements for eligibility for promotion in good faith, he should be granted constructive credit for this course.

EVIDENCE OF RECORD:  The applicant's military records show:

He was appointed in the Regular Army, Military Intelligence Branch, as a second lieutenant effective 2 June 1976.  He attained the rank of captain effective 1 August 1980.

He was separated from active duty on 31 January 1987 and transferred to the USAR.  He was promoted to major effective 1 June 1988.

His promotion eligibility date (PED) for lieutenant colonel was 31 May 1995, based on completion of 7 years time in grade and 17 years of commissioned service.

He was considered but not selected for promotion to lieutenant colonel by the 1994 Reserve Components Selection Board (RCSB).  He was not qualified for promotion based on the lack of the required military education.  His PED was adjusted to 31 May 1996.

On 30 June 1994, he applied to the Commandant, United States Command and General Staff College (USCGSC) for education credit for the United States Marine Corps (USMC) Command and Staff Non-Resident Course in lieu of the Army Command and General Staff Non-Resident Course.

On 29 August 1994, his request was disapproved.

He was considered and selected for promotion to lieutenant colonel by the 1995 RCSB, with an effective date and date of rank of 31 May 1996.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that in order to be qualified for promotion to lieutenant colonel, an individual must have completed 7 years of time in grade as a major, 17 years of promotion service, and 50 percent of the CGSOC on or before the convening date of the respective promotion board; that upon a nonselection by a promotion board an individual’s PED will be adjusted by 1 year, accordingly; and that individuals will receive mandatory promotion consideration prior to their PED’s so that, if selected, they may be promoted on their future PED.

The regulation further provides that equivalent credit for the CGSC may be awarded when an officer has successfully completed an equivalent resident or higher level resident courses conducted by another school of the US military service.  Acceptance of constructive credit or equivalent credit for filling academic requirements is subject to approval of the commandant of the service school having course proponency.  

The Chief, Promotion and Notifications Branch, Office of Promotions, PERSCOM, expressed the opinion (COPY ATTACHED) that the applicant does not have a basis to have his date of rank backdated from 31 May 1996 to 31 May 1995, nor is he entitled to back pay.  The applicant was nonselected for promotion by the 1994 RCSB based on the fact he was not educationally qualified.  He believed that completion of the USMC Command and Staff Course would be accepted in lieu of 50 percent complete of the Army’s Command and General Staff Officer Course.  Upon completion of the course the documentation was forwarded to the USCGSOC, for determination of equivalent credit.  His request was denied.  In view of the facts presented, he recommended that the applicant’s request be denied.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In view of the circumstances in this case, the applicant is not entitled to adjustment to his date of rank to lieutenant colonel to 31 May 1995 and back pay.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contention that he thought completion of the USMC C&GSC would meet the promotion education requirement has been noted by the board.  However, the applicant’s request for equivalent credit for completion of the USMC course was denied and he failed to insure well in advance that the USMC course would be considered equivalent to the Army’s course. 

3.  The Board further notes that the applicant knew or should have known that completion of the Army CGSOC, or 50 percent thereof, was a long standing regulatory requirement.  The general requirements and workings of the system are widely known and specific details such as RCSB dates, promotion zones, and educational requirements are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-07792	
SUFFIX		
RECON	N/A	
DATE BOARDED	1999 January 13	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1995 June 1	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.