MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:.

	BOARD DATE:           5 April 2001 
	DOCKET NUMBER:   AR2000050263

	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. Carl W. S. Chun		Director	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Ms. Celia L. Adolphi  		Member	
	Mr.  Harry B. Oberg		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:  A waiver of Baccalaureate (BA) degree for promotion to captain.

APPLICANT STATES:  That he thought a BA degree was required for promotion to major and not captain.  When he inquired about a waiver, an officer advised him in his division that there was not such a waiver and if he did not complete the required civilian education prior to the 2001 promotion board he would be released from the Reserve.  In August 2000 he was advised that he could request a waiver through the Secretary of the Army and he immediately did so.   He submits copies of memoranda dated 30 June 2000 and 24 September 2000 in support of his request.  Information received from the applicant reflects he expects to complete his BA in June 2002.

EVIDENCE OF RECORD:  The applicant's pertinent military records were not provided to the Board.  Information herein was obtained from the Office of Reserve Promotions and documentation submitted with the application.

While serving in the Reserve as a first lieutenant he was considered and non-selected for promotion to captain by the 2000 Reserve Components Selection Board (RCSB).  He was not qualified for promotion based on the lack of the required civilian education.

The applicant has been identified for promotion consideration to captain by the 2001 RCSB.

Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion boards are not required to divulge the proceedings or the reason(s) for non-selection, except where an individual is not qualified due to non-completion of required military and civilian education.

The regulation also provides that in order to be qualified for promotion to captain, an individual must have completed 5 years of time in grade as a first lieutenant, and an officer basic course, and a BA degree on or before the convening date of the respective promotion board.

Title 10 United States Code, Section 12205-516, specifies that the Secretary of the Army may waive the requirement of a BA degree for any officer who was commissioned through the Army Officer Candidate School before the date of this enactment (17 October 1998).  Any such waiver shall be made on a case-by-case basis, considering the individual circumstances of the officer involved, and may continue in effect for no more than 2 years after the waiver is granted.  The 

Secretary may provide for such a waiver to be effective before the date of the waiver, as appropriate in an individual case.  A waiver under this section may not be granted after 30 September 2000.

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

1.  In view of the circumstances in this case, the applicant is not entitled to an education wavier for promotion to captain.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions that he was unaware of the education requirement and was not advised of the requirement until after his first non-selection have been noted by the Board; however, the requirement for a BA degree is a long standing requirement for appointment and promotion, and the applicant is not expected to complete the required civilian education until June 2002.

3.  The Board further notes that the applicant knew or should have known that completion of a BA degree has been a standing regulatory requirement since 1995.  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.  Pertinent promotion policy provided for education waivers on a case-by-case basic until 30 September 2000.  The Board notes the applicant did not apply for an education waiver until 24 September 2000, which was too late.  It is further noted that the applicant is scheduled for promotion consideration by the 2001 selection board and is not qualified and probably will not be selected due to 
non-completion of the required civilian education.

5.  The Board also notes the education requirement pertains to all officers and all officers are considered for promotion to captain under equal standards.  All lieutenants, as in the applicant’s case, were required to have completed their degree prior to the promotion board convening dates, or face non-selection.

6.  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 this requirement.

7.  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

_jh _____  _hbo_______  _cla_______  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000050263	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010405	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.