PROCEEDINGS

	IN THE CASE OF:          

	BOARD DATE:               25 October 2001               
	DOCKET NUMBER:      AR2001059259

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Raymond J. Wagner		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 waiver of the statutory education requirement for promotion to captain and reinstatement of his waiver for that purpose dated 28 September 2000.

3.  The applicant states that the Total Army Personnel Command (PERSCOM) confirmed receipt of his request for waiver on 28 September 2000.  The waiver was submitted before the deadline and was temporarily lost and not submitted to the Assistant Secretary of the Army (Manpower and Reserve Affairs) (M&RA) for approval, consequently placing his promotion to captain at risk.  He submits copies of his waiver request dated 28 September 2000, a facsimile from the Chief, Officer Promotions, PERSCOM dated 29 September 2000, and a memorandum from the former Assistant Secretary of the Army (M&RA) to the Director, Army Board for Correction of Military Records dated 5 June 2001 in support of his request.

4.  The applicant’s military records show that he was released from active duty and transferred to the USAR Control Group (Reinforcement) effective 16 April 1998 to accept a commission.

5.  He was appointed in the Reserve from Officer Candidate School as a second lieutenant effective 17 April 1998 and entered on active duty.  

6.  He was promoted to first lieutenant effective 17 October 1999.

7.  He was considered and selected for promotion to captain by 2000 active duty list promotion board, which convened on 7 November 2000.

8.  His sequence number indicated his promotion date as 1 November 2001.

9.  On 28 September 2000, he requested a waiver of the statutory education requirements for promotion to captain.  He states his anticipated date of graduation is May 2002.

10.  On 29 September 2000, the Chief, Officer Promotions, forwarded his request to the Assistant Secretary of the Army (M&RA) for consideration.  The memorandum indicates the applicant’s promotion date for captain is 1 November 2001.

11.  In a memorandum submitted by the applicant dated 5 June 2001, the former Assistant Secretary of the Army (M&RA) advised the Director, ABCMR that four officers commissioned through Officer Candidate School submitted requests for waiver of the statutory education requirement to have completed a baccalaureate degree prior to promotion to captain.  Through administrative oversight, these four requests, although proper and complete, were not forwarded from PERSCOM to him for final action prior to the expiration of transitional statutory authority to approve such waivers of the education requirement.  He states he approved all 466 previous requests.  He further advised that had they been presented to him for approval before the statutory waiver authority expired, he would have approved these four waiver requests as well.

12.  Public Law 105-261, Section 516 granted authority for temporary waiver for certain Army Reserve officers of a baccalaureate degree requirement for promotion to captain.  The law specifies that the Secretary of the Army may waiver the baccalaureate degree requirement of any officer commissioned through the OCS before 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.  A waiver under this section may not be granted after 30 September 2000. 

CONCLUSIONS:

1.  The applicant’s records should now be corrected to show his request for an education waiver was approved on 29 September 2000 with an expiration date of 29 September 2002.

2.  The Board notes that through no fault of the applicant, he was denied approval of his waiver of the degree requirement prior to promotion to captain.  It clearly appears that had his waiver request not been lost, it would have been approved along with 466 other requests.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was granted an education waiver for the year 2000 captain active duty promotion board on 29 September 2000 with an expiration date of 29 September 2002.

BOARD VOTE:  

_kan____  _reb____  _rjw____    GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Raymond J. Wagner
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001059259	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.