MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:            28 October 2003                  
		DOCKET NUMBER:   AR2003088042

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. N. Troup		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, a military education waiver for the Command and General Staff Course (CGSC), promotion reconsideration to lieutenant colonel, and reinstatement in the Individual Mobilization Augmentee (IMA) Program.

APPLICANT STATES:  That she had enrolled in the CGSC, as a captain.  Immediately after enrollment, she was selected to command the 337th Supply and Services Battalion.  Upon her selection to command, she elected to complete the Quartermaster Officer Advanced Course (QMOAC) although she had already completed the Ordnance OAC.  She also states that, coupled with the high demands of a command, her civilian job, and completing the QMOAC, she was not able to complete the CGSC.  When she was promoted to major she began taking the CGSC and was later advised that she could no longer participate in the course because she had previously disenrolled from the course. She also was not advised that she could request a first-time waiver to re-enroll in the course.  She became a two-time passover for lieutenant colonel due to these mitigating circumstances. She is certain that she would have been selected for the next rank because of her outstanding officer evaluation reports.  In support of her application she submits copies of her DA Forms 1380 (Record of Individual Performance of Reserve Duty Training), several of her officer evaluation reports, her Ordnance, Chemical, and QM diplomas, and her recent awards.

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

She was appointed in the Reserve from the Reserve Officers Training Corps as a second lieutenant effective 15 May 1982.  She entered on active duty effective 19 June 1982.  She was promoted to first lieutenant effective 15 November 1983 and to captain effective 1 February 1986.

She was separated from active duty effective 11 July 1986 and transferred to the USAR Control Group (IMA).

She was promoted to major effective 14 May 1994.  Based on the required 7 years time in grade, her maximum time in grade (MTIG) date for promotion to lieutenant colonel was 13 May 2001.

She was considered and not selected for promotion to lieutenant colonel by the 2000 and 2001 Reserve Components Selection Board (RCSB’s), which convened on 6 September 2000 and 5 September 2001.  She was not selected due to her not completing 50% of the CGSC on or before the board convening dates.

Based on her two time non-selections she was discharged from the Reserve effective 1 September 2002.

Army Regulation 135-155 specifies that promotion reconsideration by a special selection board (SSB) may only be based on erroneous non-consideration or material, 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 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 military schooling.

The regulation specifies that completion 50% of the CGSC is required for promotion to lieutenant colonel on or before the convening date of the respective board.  This regulation further specifies that an officer who twice fails to be selected for promotion to the grade of lieutenant colonel will be removed from active status or retained in the active Ready Reserve with 18 or more but less than 20 qualifying years of service for retired pay.

Army Regulation 350-1 provides the policy for Army training and education programs.  Paragraph 3-18m. provides the policy for student dismissal from the nonresident CGSC.  It provides that students who are academic failures or who fail to complete the course within 36 months will be permanently disenrolled.

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 a military education waiver, promotion reconsideration to lieutenant colonel, and reinstatement in the IMA Program.  The applicant’s exemplary military career is noted; however, she has not shown error, injustice, or inequity for the relief she now requests.

2.  The applicant’s contentions that, due to the high demand of a commander, her civilian job, and completing the QMOAC she was not able to complete the CGSC are noted.  However, based on the fact that the applicant had not completed her military education by the convening dates of the 2000 and 2001 promotion boards, she was not qualified for promotion.  She is also not entitled to promotion reconsideration to lieutenant colonel under the 2001 and 2002 criteria. The requirement for completion of 50% of the CGSC is a long-standing requirement for promotion to lieutenant colonel and there is no regularity authority for a one-time waiver for reenrollment.

3.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle 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 RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  Given that the applicant became a major in 1994 and that she had to be considered by an RCSB so that, if selected, she could be promoted by the time she had served 7 years in grade, the applicant knew, or should have known, that she would be considered by an RCSB as early as 2000 and that she needed to insure, well in advance, that her record would present her career and qualifications to that board in the best possible light.

4.  The applicant was required by pertinent regulations to be separated on 1 September 2002 based on her two non-selections; therefore, she is not entitled to reinstatement in the IMA Program.

5.  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.

6.  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

_MJT___  _LDS____  _RJW___  DENY APPLICATION

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

INDEX

CASE ID	AR2003088042	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	102.09	
2.	131.00	
3.	131.10	
4.		
5.		
6.