DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 1BTH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMA -RB 9 June 2017 MEMORANDUM FOR Case Management Division, Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20150017379 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 18 May 2017, in which the Board members unanimously recommended relief. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is insufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I have determined that the overall merits of the case do not support the applicant's request for correction of his records to reflect promotion to captain in the Tennessee Army National Guard (TNARNG). BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) Printed on@ Recycied Paper BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017379 BOARD VOTE: ___x_____ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20150017379 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 showing: a. his request for the required military education waiver was approved prior to the convening date of the FY 2015 CPT DA Mandatory Selection Board; b. that following administrative implementation of the foregoing, his records be submitted to a duly-constituted SSB for promotion consideration to CPT under the FY 2015 criteria; c. if selected for promotion to CPT by an SSB, that he be given the option to elect reinstatement and, if he does elect reinstatement, that his discharge effective 1 December 2015 be revoked; and c. if not selected for promotion to CPT, that he be so notified ____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 18 May DOCKET NUMBER: AR20150017379 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, consideration by a Special Selection Board (SSB) for promotion to captain in the Tennessee Army National Guard (TNARNG). 2. The applicant states: a. There was a civilian education waiver within his promotion packet, as that was the only reason he would be passed over for promotion to captain. He submitted the education waiver through the proper channels and he completed his degree. However, he was not selected for promotion to captain. He had been led to believe, by an individual within his chain of command at the Brigade S-1 level, that an individual or entity at the national level did not forward his civilian education waiver to the next approval authority because they believed that he would not finish his degree. Thus, his promotion packet was incomplete and he did not receive a fair and comprehensive judgment from the promotion board. b. His promotion packet was submitted to the Fiscal Year (FY) 2015 Department of the Army (DA) Mandatory Selection Board after he was not selected in FY14. He accomplished all the necessary requirements for this packet that included a completed civilian education waiver. After submitting his packet in a timely manner, he learned that it was not forwarded to the U.S. Army Human Resources Command (HRC) after it was recommended for disapproval at the lower level. If his education waiver had been granted, he feels that he would not have received the second non-selection letter. c. He has been a commissioned officer in the TNARNG since 2007, after graduating from the Georgia Military College with his Associate's Degree. He served faithfully since earning his commission. He held several positions progressing in responsibility from a Battery Fire Direction Officer; Platoon Leader, including a deployment to Iraq where he led a Convoy Security Platoon; and Squadron Fire Direction Officer that was normally performed by an officer in the rank of captain. d. After receiving his commission, he enrolled in courses at the University of Tennessee. He withdrew from classes in July 2009 in order to attend the Basic Officer Leader Course (BOLC) for him to deploy with his unit. He completed the BOLC in December 2009 and deployed with his unit to Iraq from January 2009 to June 2010. Upon his return from deployment, he married, became a father, and enrolled in a degree completion program at Trevecca Nazarene University for a degree in Management and Human Relations (MHR) in April 2011. Shortly after enrolling, he withdrew from classes to provide care for his son while his wife completed her degree. After she graduated and began working full-time he reenrolled in the MHR program. On 21 July 2015, he completed all program requirements and he was awarded a Bachelor's Degree on 15 August 2015. e. He has demonstrated his ability to perform well in the next grade. He understands that it has taken him some time to complete his degree and he takes full responsibility for his actions; however, he has completed his degree. He has always served to the best of his ability. He feels that he can continue to be an asset to his unit and the U.S. Army. 3. The applicant provides copies of the following: * Waiver of Statutory Education Requirements for Promotion to Captain memorandum * electronic mail (email) correspondence * Notification of Promotion Status memorandum * Trevecca Nazarene University transcript CONSIDERATION OF EVIDENCE: 1. The applicant was appointed in the TNARNG, as a second lieutenant, on 8 August 2007. He was promoted to first lieutenant on 22 January 2010. 2. He entered on active duty in support of Operation Iraqi Freedom on 10 January 2010. He served in Iraq from 7 February to 10 June 2010. He was released from active duty on 3 July 2010 and was transferred to the TNARNG. 3. He was considered and not selected for promotion to captain by the FY2014 DA Mandatory Selection Board due to non-completion of the required civilian education. On 25 March 2014, he was advised of this non-selection and encouraged to complete any required military or civilian education. 4. He provided copies of the following: a. A Waiver of Statutory Education Requirements for Promotion to Captain memorandum, dated 17 October 2014, wherein he submitted a request through the TNARNG and National Guard Bureau (NGB) to HRC for a civilian education waiver for the FY15 selection board. He stated that he was currently enrolled at the Trevecca Nazarene University. He had completed 70 credit hours, he needed 24 credit hours for degree completion, and he would have his degree completed by June 2015. He also stated that upon his return from deployment, he made an attempt to resume his civilian education; however, in the midst of attending college, his first child was born. The new responsibility of being a husband and father forced him to place his education on hold in order to support the needs of his family. He had no comments that addressed the challenges or difficulty in completing the education requirements. b. An email correspondence, dated 28 October 2014, wherein a staff member of the TNARNG advised another TNARNG staff member that she had received the applicant's civilian education waiver back from the NGB and they had recommended disapproval based on the workload to finish the degree by June 2015. The NGB believed that based on the documentation submitted, that it was unrealistic to obtain a degree considering the gap in education development from the applicant's initial appointment in 2007. The NGB noted that the applicant had not taken any college courses since 2007 and he had ample time (7 years) to complete his college degree. The NGB was not the final approval authority. HRC would make the final approval/disapproval, so it was possible that HRC could recommend approval. c. A Notification of Promotion Status memorandum, dated 16 June 2015, wherein the applicant was advised of his non-selection for promotion to captain by the FY15 Mandatory Selection Board and advised that, as a result of his second non-selection, he must be separated from the TNARNG no later than 1 December 2015. d. A Trevecca Nazarene University transcript, dated 24 August 2015, showing he was awarded a Bachelor of Arts (BA) Degree in MHR on 15 August 2015. The transcript also shows he began attending classes in Spring 2011, stopped, and began again in Summer 2014 to Summer 2015. 5. On 1 December 2015, he was honorably discharged, in the rank of first lieutenant, from the TNARNG, by reason of failure to be selected for promotion to the next higher grade after second consideration. His NGB Form 22 (National Guard Report of Separation and Record of Service) shows he was credited with completion of 10 years, 1 month, and 29 days of service. 6. On 8 November 2016, an advisory opinion was provided by the Deputy Chief, Personnel Policy Division, NGB. The NGB official reiterated the applicant's contentions and stated: a. The applicant was appointed in the TNARNG on 8 August 2007 and he was promoted to first lieutenant on 22 January 2010. He was considered, but not selected by the FY14 DA captain selection board due to non-completion of the required civilian education prior to the board convening. He was notified by the TNARNG to obtain an education waiver to ensure consideration by the next board. He submitted a request for an education waiver on 18 October 2014. The degree plan outlined in the waiver was considered unrealistic by the State. Bearing in mind his 7 year break from school, the waiver was subsequently denied by the TNARNG. b. The applicant submitted the education waiver request on 18 October 2014 with a projected completion date of June 2015. He was considered by the FY15 DA captain selection board. He was not awarded a BA degree until 15 August 2015, after the projected completion date. The promotion list notification occurred on 3 October 2015. He was considered for promotion to captain twice by an appropriate promotion board, but he was not selected based on his failure to obtain the required BA degree. As required by law and regulation, he was ultimately notified that he would be separated from the TNARNG. c. The applicant did not provide convincing evidence to the TNARNG to show a significant event precluded him from completing the required civilian education during his 7 year hiatus from school. Additionally, his degree plan was not realistic, resulting in the denial of his education waiver request. Furthermore, the applicant did not complete his degree until after the projected completion date listed on his education waiver request. Therefore, this office recommended denial of the applicant's request for consideration by an SSB. The opinion was coordinated with the NG DA Board Section and the TNARNG concurred with the recommendation for denial. 7. The advisory opinion was provided to the applicant on 9 November 2016 for acknowledgement/rebuttal. He did not respond. REFERENCE: Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for promotion of Reserve officers. The regulation states: a. Effective 1 October 1995, no person may be selected for promotion to the Reserve grade of captain unless, not later than the day before the selection board convene date, that person has been awarded a BA degree from an accredited institution recognized by the Secretary of Education or, within the 3 years preceding promotion, the officer has earned a BA degree from an unaccredited educational institution that has been recognized by the DOD for purposes of meeting officer educational requirements. b. Mandatory selection boards will be convened each year to consider Army Reserve officers in an active status for promotion to captain through lieutenant colonel. In order to be promoted to captain an individual must have completed 5 years of time in grade as a first lieutenant. The military education requirement is a resident officer basic course. The 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 civilian and/or military schooling. c. Promotion advisory boards and SSBs will be convened on an "as needed" basis to consider officers who were either improperly omitted from consideration due to administrative error, or who were non-selected for mandatory promotion as a result of material error. Paragraph 3-19d(3) of the regulation allows the Army Board for Correction of Military Records to recommend the Soldier be evaluated by an SSB. d. An officer who twice fails to be selected for promotion to the grade of captain will be removed from active status unless subsequently placed on a promotion list, selected for continuation, or retained under any other provision of law. DISCUSSION: 1. The evidence shows the applicant was appointed in the TNARNG in August 2007 and was promoted to first lieutenant in January 2010. He was considered and not selected for promotion to captain by the FY14 and FY15 DA Mandatory Selection Boards. It was revealed the reason for his non-selections was that he did not meet the civilian education requirements. 2. His education waiver request was denied by the TNARNG and NGB because the degree plan outlined in the waiver was considered unrealistic by the State and there was insufficient evidence showing a significant event precluded him from completing the required civilian education during his 7 year hiatus from school. The NGB also noted that he did not complete his degree until after the projected completion date listed on his waiver request. 3. It appears he did not exercise due diligence ensuring his records were complete during the promotion board reviews. The governing regulation and statute state no person may be selected for promotion to the Reserve grade of captain unless they have been awarded a BA degree prior to the selection board convene date. 4. He began working on receiving a BA degree in 2011, stopped, and began again in Summer 2014 to Summer 2015. 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 applicant knew or should have known that reviewing and updating his official records has been a long-standing regulatory requirement, announced in messages and communicated by assignment officers. The general requirements and workings of the system are widely known and specific details such as promotion board dates and promotion zones are widely published in official, quasi-official, unofficial publications, and in official communications. 5. In any case, the promotion selection board members recommend those who, in their collective judgment, are best qualified for promotion who meet or exceeded the specific criteria and guidelines for the particular board year in question. 6. The intent of an SSB is to correct an improper omission from promotion consideration or a non-selection based on a material error. He does not provide any evidence of any improper omission for promotion consideration or a non-selection based on a material error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017379 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017379 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2