MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 June 2002
	DOCKET NUMBER:  AR2002066772

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Harry B.Oberg		Member	
	Mr. Roger W. Able		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:  In effect, removal of her second non-selection for promotion to major and a waiver of her civilian education requirement for promotion.

APPLICANT STATES:  That she did not receive notification or a promotion packet prior to the promotion boards.

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

She was appointed an Army Nurse in the Reserve Components effective 25 May 1989.  The address on her appointment memorandum is the same as on her application to the Board.  She completed the Officer Basic Course on 19 December 1990 and the Officer Advanced Course on 31 July 1998.  She had been promoted to captain effective 23 November 1993.  She was assigned to Army Reserve medical units during her entire career and her officer evaluation reports contain the same home address as her application to the Board.

She was not selected for promotion to major by the 2000 and 2001 Army Medical Department (AMEDD) Reserve Components Selection Boards (RCSB).  She was discharged effective 1 February 2002.  Her records did not indicate that she had completed the required civilian education prior to the convening dates of each board.  Her first notice of non-selection for promotion to major, dated 24 July 2000, is present in her records.

In the processing of this case an advisory opinion was provided by the Office of Promotions, Reserve Components, Total Army Personnel Command.  The opinion noted that the applicant had not completed the required civilian education (Bachelor of Science in Nursing) prior to the convening dates of the promotion boards and was not eligible for selection.  The opinion also notes that, regardless of the home address on file, promotion board notifications are announced through the unit chain of command to appropriate individuals.  

In her rebuttal to the advisory opinion, the applicant acknowledges that she is still in the process of completing her required civilian education for promotion and requests a waiver of the time limit so she may continue her career in the Army Reserve.

Army Regulation 135-155 provides the policy for promotion of Reserve Component officers.  It provides, in pertinent part, that the educational requirements for promotion to major must be met no later than the date the selection board convenes.  Among the educational requirements listed in the regulation is the requirement for Army Nurse Corps officers to complete a baccalaureate degree in nursing prior to promotion to major.  There are no waiver provisions provided in the regulation.

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, it is concluded:

1.  The applicant knew, or should have known, that she must complete the educational requirements for promotion to major prior to the board convening dates.  She had been an Army Nurse since 25 May 1989, serving in Army Reserve medical units.

2.  The applicant had 10 years from her date of appointment to complete her prerequisites for promotion.  There are no provisions for waivers of these requirements.  She was discharged in accordance with law and regulation.

3.  Implicit in the Army's promotion system is the universally accepted principal that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as selection board dates, eligibility requirements, and promotion zones are widely published in official and quasi-official publications and official communications.

4.  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

__fe____  ___rd___  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2002066772	
SUFFIX		
RECON		
DATE BOARDED	20020611	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.	131.10	
3.		
4.		
5.		
6.