PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 July 2001                   
	DOCKET NUMBER:   AR2001057454

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

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Kenneth W. Lapin		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be promoted to Captain with a date of rank and effective date of 31 March 2001.

3.  The applicant states that he submitted his request for waiver of the statutory educational requirements for promotion to Captain on 4 February 2000.  His Branch either never received his request or lost it and did not notify him until     14 March 2001, only 17 days prior to his scheduled promotion date.  

4.  The applicant’s military records show that, after having had prior enlisted service, he was commissioned in the U. S. Army Reserve out of Officer Candidate School (OCS) on 25 September 1997.  He was selected for promotion to Captain by the Fiscal Year 1999 Captain Army Promotion Selection Board with a promotion eligibility date to Captain of 31 March 2001.

5.  Title 10, U. S. Code, section 12205 states that no person may be appointed to a grade above the grade of First Lieutenant unless that person has been awarded a baccalaureate degree by a qualifying educational institution.  The Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 authorized the Secretary of the Army to waive, until 30 September 2000, this requirement for any officer who was commissioned through the Army OCS before 17 October 1998.  The waiver would be made on a case-by-case basis and may continue in effect for no more than 2 years after the waiver is granted.  The applicant submitted a waiver under this authority on 4 February 2000.

6.  An advisory opinion was obtained from the Promotions Branch, U. S. Total Army Personnel Command.  That office recommended approval of the applicant’s request.  It noted that the applicant’s waiver had been misplaced by his Branch.  Had it not been misplaced, it would have been approved and he would have been promoted to Captain with a date of rank and an effective date of 31 March 2001.

7.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred in the advisory opinion.

CONCLUSIONS:

1.  In accordance with the advisory opinion, the applicant’s records should be corrected to show that his request for a waiver of the statutory educational requirement was received by the appropriate office in February 2000, approved, and that he was promoted to Captain with a date of rank and an effective date of 31 March 2001.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that applicant’s request for a waiver of the statutory educational requirement was received on 4 February 2000, approved, and that he was promoted to Captain with a date of rank and an effective date of 31 March 2001.

BOARD VOTE:  

__kak___  __rwa___  __kwl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057454	
SUFFIX		
RECON		
DATE BOARDED	20010710	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.04	
2.	131.05	
3.		
4.		
5.		
6.