RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            3 February 2004                  
	DOCKET NUMBER:    AR2003088903

	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. Samuel A. Crumpler		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Regan K. Smith		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 waiver of the military education requirement for promotion to lieutenant colonel (LTC).  

2.  The applicant states, in effect, that due to circumstances beyond his control, he was unable to complete the Command and General Staff Course (CGSC) prior to the convening date of a Reserve Component Selection Board (RCSB).  He claims that as a result of two knee operations, tornado damage, flood damage, and work requirements, he was unable to complete 50 percent of CGSC, the military education promotion requirement, prior to the convening date of the LTC RCSB.  He states that the Army Board for Correction of Military Records (ABCMR) was established to correct wrongs and injustices, and the injustice he suffered due to the aforementioned circumstances prevented his records from being fairly evaluated for promotion. 

3.  The applicant provides the enclosed self-authored statement submitted through a Member of Congress in support of his application.  

CONSIDERATION OF EVIDENCE: 

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001065911 on 21 May 2001.

2.  The applicant’s record confirms that he was considered and not selected for promotion to LTC by the 1999 RCSB that convened on 8 September 1999 and the 2000 RCSB that convened on 6 September 2000 because he had not satisfied the military education requirements for promotion.  

3.  The applicant’s record also confirms that he completed 50 percent of the CGSC as of 15 September 2000, and that he completed the course on 
8 February 2001.  

4.  In connection with the processing of this case an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components (RC), Human Resources Command (HRC), St. Louis, Missouri.  This RC promotion official confirms that the applicant was considered and not selected for promotion to LTC by both the 1999 and 2000 RCSBs because he failed to meet the military education requirements for promotion.  

5.  The HRC advisory opinion further indicates that the governing regulation requires that officers complete the military education requirement for promotion not later than the day before the selection board convening date.  In the applicant’s case, since he completed 50 percent of GGSC on 15 September 2000, after the RCSB convened on 6 September 2000, it was determined that he did not have a basis for consideration by a Special Selection Board (SSB).  The applicant was advised of this decision by HRC RC promotion officials on 23 July 2003.  The applicant was also advised that he could apply to the ABCMR for relief.  

6.  The HRC opinion finally recommends, based on the information the applicant provided with his application to the ABCMR, that the applicant be granted a waiver of the military education requirements for the 2000 RCSB only, and that his record be referred to a SSB for promotion reconsideration under the 2000 RCSB criteria.  

7.  The applicant was provided a copy of the HRC advisory opinion and on 
16 January 2004, he concurred with its contents.  

8.  Army Regulation 135-155 prescribes policy and procedures used for selecting and promoting commissioned officers of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR).  Paragraph 2-8 contains military education requirements for promotion.  It states, in pertinent part, that to qualify for selection, commissioned officers must complete the military educational requirements not later than the day before the selection board convene date.  It further indicates that the military education requirement that must be completed to qualify for promotion to LTC is fifty percent of the CGSC.  Paragraph 2-15 provides provisions for waivers of the military education requirement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s personal hardship circumstances were carefully considered.  In view of these circumstances, and given the favorable recommendation of HRC RC promotion officials, it would be appropriate to correct the applicant’s record to show he was granted a waiver of the military education requirement prior to the convening date of the 2000 LTC RCSB.

2.  Further, based on the military education waiver outlined in the preceding paragraph, it would also be appropriate for the applicant to be reconsidered for promotion to LTC by a SSB using the criteria used by the 2000 LTC RCSB.  If the applicant is selected for promotion by the SSB, it would also be appropriate to void his 1 September 2001 discharge from the West Virginia Army National Guard and to provide him all service credit and back pay due as a result. 
BOARD VOTE:

_RKS___  __SAC___  __CLG__  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR2001065911, dated 21 May 2001.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.   showing that he was granted a waiver of the military education requirement for promotion to lieutenant colonel prior to the convening date of the 2000 Reserve Component Selection Board; 

b.  referring his record to a Special Selection Board for promotion reconsideration to lieutenant colonel under the criteria used by the 2000 Reserve Component Selection Board; and 

c.  if selected for promotion by the Special Selection Board, by voiding his 1 September 2001 discharge from the West Virginia Army National Guard, and providing him all service credit and back pay and allowances due as a result.  

		Samuel A. Crumpler
		  CHAIRPERSON

INDEX

CASE ID	AR2003088903	
SUFFIX		
RECON	AR2001065911	
DATE BOARDED	2004/02/03	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	2001/09/01	
DISCHARGE AUTHORITY	NGR 635-100 	
DISCHARGE REASON	Promotion Non-Select	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  310	131.0000	
2.		
3.		
4.		
5.		
6.