RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  3 February 2004
	DOCKET NUMBER:  AR2003090379

	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. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, a military education waiver for the Command and General Staff Officer Course (CGSOC) and promotion reconsideration to lieutenant colonel (LTC) under the 2002 criteria.

2.  The applicant states that he received a serious injury to his left hand during the time he was pursuing completion of the CGSOC.

3.  The applicant provides a memorandum of support from his Commanding General and a copy of his CGSOC 50 percent completion certificate.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show he was appointed in the Reserve as a second lieutenant effective 12 January 1983 and entered on active duty effective 1 February 1983.

2.  The applicant was promoted to first lieutenant effective 12 July 1984 and to captain effective 1 October 1987.

3.  The applicant was released from active duty effective 1 August 1993 and transferred to the USAR Control Group (Reinforcement).

4.  The applicant was promoted to major effective 11 January 1995.  Based on the required 7 years time in grade, his maximum time in grade (MTIG) date for promotion to LTC was 10 January 2002.

5.  The applicant was considered and not selected for promotion to LTC by the 2001 and 2002 Reserve Components Selections Boards (RCSB), which convened on 5 September 2001 and 4 September 2002, respectively.  He was not qualified for promotion based on the lack of the required military education.

6.  The applicant was identified as being educationally qualified and considered for promotion to LTC by the 2003 RCSB.  The board results have not been released.

7.  In a memorandum dated 9 April 2003, the Commanding General, Headquarters, Special Forces Command, Fort Bragg, North Carolina, stated that the applicant's records were never considered for the board due to completion date discrepancy on his CGSOC.  The applicant did not complete this course by 4 September 2002 for a very compelling reason.  While actively pursuing the course completion, the applicant received a serious traumatic injury to his dominant left hand.  The applicant's injury was so severe that it affected his day-

to-day life in every manner for months.  Once the applicant started to recover in a manner that allowed the academic work, he found himself struggling to meet the suspense date of 4 September 2002.  The applicant's valuable expertise and logistical knowledge have proven to be an asset to his section, his command, and the US Army.

8.  The applicant completed 50 percent of the CGSOC effective 16 September 2002.

9.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command, expressed the opinion that there are no provisions in Army Regulation 135-155, which allow for his office to grant a waiver for past criteria.  The Office of Promotions, Reserve Components can only grant a waiver for an upcoming selection board and the request must be received prior to the convening date of the selection board.  The 2002 selection board convened on 4 September 2002, and the applicant's request was received in that office on 18 June 2003.

10.  The opinion also stated that the Army Board for Correction of Military Records is the office that has the authority to grant a waiver for education for past criteria.  Based on a review of the circumstances presented, it was recommended that he be granted a waiver for the military education for the 2002 criteria.  

11.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 5 September 2003.  He did not respond.

12.  Army Regulation 135-155 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 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.

13.  The regulation also specifies that 50 percent completion of the CGSOC is required for promotion to LTC on or before the convening date of the respective board.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to a military education waiver and promotion reconsideration to LTC.  He was fairly considered twice for promotion to LTC and not selected.  

2.  The applicant’s and his Commanding General's contentions that, due to a serious traumatic injury to his left hand and once the applicant started to recover, he struggled to meet the suspense date to complete the course have been noted. However, while the applicant's injury may have delayed completing the course prior to the convening date of the 2002 promotion selection board, the applicant has not satisfactorily explained his delay in completing the course prior to the convening date of the 2001 promotion selection board or earlier in the intervening years from his promotion to major in January 1995.

3.  The applicant had not completed his military education by the convening dates of the 2001 and 2002 promotion boards, he was not qualified for promotion without the 50 percent completion of the CGSOC, and he is also not entitled to promotion reconsideration to major under the 2002 criteria.  The requirement for 50 percent completion of the CGSOC is a long-standing requirement for promotion to LTC. 

4.  The applicant has been identified as educationally qualified and considered by the 2003 promotion selection board.  The board results have not been released.

5.  Given that the applicant became a major effective 11 January 1995 and that he had to be considered by a RCSB so that, if selected, he could be promoted by the time he had served 7 years in grade, the applicant knew, or should have known, that he would be considered by a RCSB as early as 2001 and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___sc___  ___rs___  ___cg___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090379	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	131.01	
3.	131.10	
4.		
5.		
6.