PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  8 January 2004
	DOCKET NUMBER:  AR2003086330

	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:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Linda M. Barker		Member	
	Mr. John T. Meixell		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, in effect, a civilian education waiver and promotion reconsideration to captain under 2000 criteria.

3.  The applicant states that his education was met prior to the 2000 selection board convening on 13 November 2000 and the selection board did not have the correct transcript to make a valid determination.  On 9 November 2000, the Washburn University faxed to the Total Army Personnel Command (PERSCOM) his most current transcript.  The transcript, dated 9 November 2000, was not reviewed in detail to show the completion of the degree requirements and hours. A later transcript shows the same amount of hours completed with a degree issued.  The requirements were met on 6 November 2000, when he finished the Law Enforcement internship.  A letter from the Chairperson of Washburn University shows the requirements were met and he was awaiting the graduation ceremony on 15 December 2000.  His degree was not issued until February 2001, and shows the commencement date and not the finished date.  In support of his request he submits copies of a letter from the Chief, Office of Promotions, Reserve Components, PERSCOM, his transcripts from Washburn University dated 9 November and 22 December 2000, and his notice of candidacy for graduation.

4.  The applicant’s military records show that he was appointed in the Kansas Army National Guard (KSARNG) as a second lieutenant effective 25 July 1992, with prior enlisted service.  He was promoted to first lieutenant effective 24 July 1995.

5.  He was considered and not selected for promotion to captain by the 1999 and 2000 Reserve Components Selection Boards (RCSB’s), which convened on 9 November 1999 and 13 November 2000, respectively.

6.  Orders dated 26 September 2001, shows he was separated from the KSARNG effective 1 October 2001, transferred to the USAR Control Group (Individual Ready Reserve) and reverted back to enlisted status as a specialist, pay grade E-4.

7.  On 29 January 2002, the Chief, Office of Promotions, Reserve Components, PERSCOM, advised the applicant of his non-selections due to the fact that he had not met his civilian education requirement, a baccalaureate (BA) degree.  The Chief also advised the applicant that he stated his degree was completed on 15 December 2000, even though all course requirements were completed as of 9 November 2000.  Letters from the college indicating completion of academic requirements for the degree prior to the conferred date are no longer valid proof of completion.  Since he was not educationally qualified, he did not have a basis for a special selection board.  The applicant was also advised to apply to this Board for promotion reconsideration.

8.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that promotion reconsideration by a special selection board may only be based on erroneous non-consideration or material error, which existed in the record at the time of consideration.  Material error in this context is one or more errors of such a nature that, in the judgment of the reviewing official (or body), it caused an individual’s non-selection by a promotion board and, that had such error(s) been corrected at the time the individual was considered, a reasonable chance would have resulted that the individual would have been recommended for promotion.  The regulation also provides that 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 education.

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be reconsidered for promotion to captain because he had completed the requirements for his BA degree prior to 13 November 2000, the convening date of the 2000 captain RCSB.  

2.  The evidence of record confirms that the applicant completed all academic requirements necessary to receive a BA degree from Washburn University on 9 November 2000, which was in advance of the convening date of the 2001 RCSB.  However, the formal awarding of this degree was delayed due to the administrative policies of Washburn University College, which did not allow for conferral of the degree until 15 December 2000, which was after the date the RCSB convened.   

3.  The Board concludes that it would be unjust to deny the applicant promotion reconsideration based on the technicality that his degree was not formally conferred prior to the convening date of the 2000 promotion board given he had completed all the academic requirements for a BA degree prior to the convening date of the 2000 RCSB.  Thus, it is concluded that it would be appropriate to correct the applicant’s records to show he was educationally qualified for promotion prior to the convening date of the 2000 captain’s RCSB.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned completed the requirements for his baccalaureate degree prior to the convening date of the 2000 Captain Reserve Components Selection Board.
2.  That, following administrative implementation of the foregoing, his records be submitted to a duly constituted special selection board for promotion reconsideration to captain under 2000 criteria.

3.  That if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.

4.  That if selected for promotion and the applicant was transferred to the IRR as an enlisted soldier, his records be further corrected to show:

	a.  that an adequate explanation be placed in his official personnel files to show that the gap in his officer evaluation reports, from the dates of his enlisted status to the date of return to Ready Reserve status as a captain, was not caused by any fault on his part, and to insure that he is not prejudiced thereby in the consideration of any future personnel actions; and

	b.  that all documents related to his now-voided non-selection for promotion, and his enlisted status be expunged from his official military records.

5.  That if not selected, the applicant be so notified.

BOARD VOTE:  

__kn___  ___lb___  ___jm_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Kathleen A. Newman____
		        CHAIRPERSON

INDEX

CASE ID	AR2003086330	
SUFFIX		
RECON		
DATE BOARDED	20040108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.10	
3.		
4.		
5.		
6.