PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           30 January 2003
	DOCKET NUMBER:   AR2002075885

	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. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Yolanda Maldonado		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, an education waiver for the 2001 and 2002 Reserve Component (RC) Army Medical Department (AMEDD) Captain (CPT) Promotion Selection Boards.  

3.  The applicant states, in effect, that he was involved in a motor vehicle accident on 12 June 1999, and received multiple orthopedic injuries which prevented him from attending the Officer Basic Course (OBC) immediately after receiving his commission.  He states that he attended the first available course after he was medically cleared, but he did not complete the course prior to the 2002 RC AMEDD CPT Promotion Selection Board process.  In support of his application, he provides medical record documentation confirming his injuries .  

4.  The applicant’s military records show that on 10 March 1999, he was appointed a first lieutenant (1LT) in the AMEDD of the United States Army Reserve (USAR).

5.  On 12 June 1999, the applicant was involved in a traffic accident and was hospitalized as a result of the injuries he received.  These injuries required surgery and follow-up medical treatment that placed him in a medical profile status that prevented his attendance at and completion of the OBC until January 2002.  

6.  The applicant was notified in a 23 August 2001 memorandum from the Chief, Officer Promotions, RC, Total Army Personnel Command (PERSCOM), 
St. Louis, Missouri, that he had been considered and not selected for promotion to captain (CPT) by a Department of the Army (DA) Promotion Selection Board.  This memorandum pointed out that his records did not show that he completed the civilian and/or military education requirement for promotion required by the governing regulation.

7.  A Service School Academic Evaluation Report (AER-DA Form 1059), dated 18 January 2002, confirms that the applicant achieved the course standards and successfully completed the AMEDD RC OBC on that date.  

8.  The applicant was notified that he had again been considered and not selected for promotion to CPT by the 2002 DA RC CPT Promotion Selection Board  in a 13 June 2002 PERSCOM St. Louis memorandum.  

9.  In connection with the processing of this case, the Board requested and received an advisory opinion from the Chief, Special Actions Office of Promotions, RC, dated 6 December 2002.  It indicated that the Chief, PERSCOM had been authorized to grant education waivers for upcoming boards only.  Therefore, administrative relief could not be provided and the waiver granted after the fact.  However, this responsible RC promotion official confirmed that based on the information provided by the applicant, a waiver likely would have been granted if requested prior to the convening dates of the promotion boards in question.  As a result, this PERSCOM official recommended that the applicant’s request be approved by the Board.  The applicant was provided a copy of this opinion in order to be provided the opportunity to respond.  To date, he has failed to reply. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he was medically unable to comply with the regulatory military education requirement for promotion and his request that a waiver of this requirement be granted, and it finds these claims have merit.  

2.  The evidence of record confirms that the injuries received by the applicant in an automobile accident in June 1999 and the required follow-up treatment and recovery period placed the applicant in a medical profile status that prevented his attendance at and completion of the AMEDD OBC.  Therefore, the Board concurs with the PERSCOM, St, Louis recommendation that the applicant’s request for an education waiver of the military education promotion requirement be approved.  

3.  In view of the facts of this case, the Board finds that it would be appropriate to correct the applicant’s record to show he was granted a waiver of the military education requirement for promotion to CPT prior to the convening date of the 2001 DA RC AMEDD CPT Promotion Selection Board.  

4.  The Board also concludes that it would be appropriate to place the applicant’s corrected record, showing this approved waiver, before a Special Selection Board (SSB) for consideration for promotion to CPT under the criteria used by the 2001 and 2002 DA RC AMEDD CPT Promotion Selection Boards.  Further, the Board finds that if he is selected for promotion by the SSB, his promotion effective date and date of rank to CPT should be established as the date he would have originally been promoted had he been originally selected by the applicable promotion board, and he should be provided any back pay and allowances due as a result.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the individual concerned was granted a waiver of the military education requirement for promotion to CPT prior to the convening date of the 2001 DA RC AMEDD CPT Promotion Selection Board; by placing his corrected record, showing this approved waiver, before a SSB for consideration for promotion to CPT under the criteria used by the 2001 and 2002 DA RC AMEDD CPT Promotion Selection Boards; and if selected for promotion by the SSB, by establishing his promotion effective date and date of rank as the date he would have been promoted had he been originally selected by the applicable promotion board, and providing him any back pay and allowances due as a result.

BOARD VOTE:  

__WTM__  __CJP  _  __YM  __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_   _Walter T. Morrison_  __
		        CHAIRPERSON

INDEX

CASE ID	AR2002075885	
SUFFIX		
RECON		
DATE BOARDED	2003/01/30	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.