RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 31 May 2007 DOCKET NUMBER: AR20070002463 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. Gerard W. Schwartz Acting Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Mr. William F. Crain Chairperson Mr. Donald L. Lewy Member Mr. Roland S. Venable Member 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 correction of his records to add a waiver of the military education requirement for consideration for promotion to lieutenant colonel. 2. The applicant states that he was considered non-educationally qualified and was not selected for promotion to lieutenant colonel. He says that he was enrolled in the Command and General Staff Officers Course and had completed the Phase II exams prior to the board convening. He expected the completion certificate to arrive in time for the board, but it did not arrive until 21 September 2006. The late arrival would not have been an issue had he submitted an education waiver request. He further states that he did not know he needed this waiver to allow the board to review his record. 3. The applicant provides a letter, dated 21 September 2006 from the School of Advanced Learning indicating that he had completed fifty percent of the Command and General Staff Officers Course on 20 September 2006. CONSIDERATION OF EVIDENCE: 1. On 17 May 1986, the applicant was appointed in the United States Army Reserve (USAR) as a second lieutenant. 2. The applicant was promoted to major, USAR, with a date of rank of 1 September 2000. 3. On 20 September 2006, the applicant completed fifty percent of the Command and General Staff Officers. 4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, United States Army Human Resources Command, located at 1 Reserve Way, St. Louis, Missouri. The Chief stated that the applicant was considered and non-selected by the 2006 Lieutenant Colonel Department of the Army Reserve Components Selection Board. The board had convened on 12 September 2006. Officers without the required military education are automatically non-selected for promotion. Based on the applicant's completion of fifty percent of the Command and General Staff Officers Course, he recommends that the applicant be granted an education waiver and provided a Department of the Army Special Selection Board consideration under the 2006 criteria. 5. On 3 April 2007, the applicant concurred with the advisory opinion. 6. Army Regulation 135-155, provides policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR), and warrant officers of the USAR. It provides, in pertinent part, that the military education requirement for promotion to lieutenant colonel is fifty percent completion of the Command and General Staff Officers Course not later than the day before the selection board convening date. The Commander, Human Resources Command, Chief, Office of Promotions, is the approval authority for exceptions to nonstatutory promotion requirements. DISCUSSION AND CONCLUSIONS: 1. The applicant completed his military education requirement 8 days after the convening date of the promotion board. He contends that he did not know that he should have requested a waiver so that his records could be reviewed for promotion. 2. It would be unfair and result in too harsh a penalty not to grant him a waiver of his military education so that he may be considered by a special selection board. 3. In view of the above, the applicant's request for a waiver of his military education for calendar year 2006 should be granted. BOARD VOTE: __RSV__ _ DLL____ ___RSV_ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. waiving his military education requirement for calendar year 2006; b. submitting his records to a duly constituted selection board/advisory board for promotion consideration for lieutenant colonel under the 2006 year criteria; c. showing his records are further corrected, if selected for promotion to lieutenant colonel on his date of eligibility, as determined by appropriate Departmental officials, under the 2006 year criteria, provided he was otherwise qualified and met all other prerequisites for promotion; and d. notifying him, if he is not selected. __ William F. Crain________ CHAIRPERSON INDEX CASE ID AR20070002463 SUFFIX RECON DATE BOARDED 20070531 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 131.0300 2. 3. 4. 5. 6.