RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            JANUARY 13, 2004                  
	DOCKET NUMBER:   AR2003090552

	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	
	Mr. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Ms. Lana E. McGlynn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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, that he be granted a retroactive waiver of the baccalaureate degree completion requirement and that his date of rank (DOR) for promotion to the rank of captain be changed from 1 March 2003 to 1 July 2002.

2.  The applicant states, in effect, that he was improperly informed that there was no waiver of the requirement to have a baccalaureate degree before he could be promoted to the rank of captain and therefore was unable to submit such a waiver.  However, he subsequently discovered that there was a waiver and that he should have been able to apply for such a waiver.  He goes on to state that because he was misinformed, he was not promoted until 1 March 2003, 8 months later than he should have been, had he been granted a waiver.

CONSIDERATION OF EVIDENCE: 

1.  He enlisted on 16 May 1989 and served through a series of continuous reenlistments until he was honorably discharged in the pay grade of E-6 on 15 December 1998, upon graduation from officer candidate school (OCS), to accept a United States Army Reserve (USAR) appointment as a second lieutenant (2LT), with a concurrent call to active duty. 

2.  He was appointed as a USAR 2LT on 16 December 1998 and was detailed as an engineer officer.  He was promoted to the rank of first lieutenant on 16 June 2000.  He was selected for promotion to the rank of captain by the Fiscal Year (FY) 2002, Captain Army Promotion Selection Board with a promotion eligibility date of 1 July 2002.

3.  On 6 January 2002, the applicant was enrolled in a full-time degree completion program in Fayetteville, North Carolina, to complete his baccalaureate degree.  However, he did not complete his degree until 28 February 2003, and thus was not promoted to the rank of captain until 1 March 2003.

4.  In the processing of this application an advisory opinion was provided by the Total Army Personnel Command (PERSCOM) Promotions Branch, which opined that the applicant had been promoted immediately after completing his degree requirements and that there was no waiver authority in force during the period the applicant contends that he should have been granted a waiver.  Furthermore, since he had obtained his degree, the waiver did not apply to him.  The opinion was provided to the applicant for rebuttal or concurrence and to date, the Board has only received a request for a 30-day extension dated 21 August 2003. 

DISCUSSION AND CONCLUSIONS:

1.  The Board has noted the applicant's contention that he should have been afforded the opportunity to request a waiver and finds it to be without merit.  During, the period in question, there was no waiver authority in effect.  The previous waiver authority expired on 30 September 2001, prior to his consideration for promotion and another waiver authority did not go into effect until March 2003, when he was actually promoted.  By that time he had completed his degree requirements and was no longer eligible for a waiver.

2.  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.

3.  Accordingly, the evidence of record shows that he was properly promoted to the rank of captain on 1 March 2003, the day after he completed his degree requirements necessary to accept such a promotion.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

phm____  lem_____  rwm_____  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.

		___Lana E. McGlynn___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090552	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040113	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.131.0500	315/DOR	
2.		
3.		
4.		
5.		
6.