Expert: Cynthia Bedell - 6/18/2008

Question
I am a 19k-10 and have served as such since august 1st 2001. I was in the invasion of Iraq in 2003 with the 3rd ID; then I joined the National Guard in Oklahoma. Oklahoma does not have tanks, so in order to be promoted I need a new MOS. I am currently in Iraq and have 455 points with 7 years service. the unit I am in has sent officers off to schools from here, but the say they can't send me until we get back. I have turned down my leave from here and my pass so getting out of Iraq is not the objective. It is time to move up or get out. Is this not an E.O. case, since officers have been allowed schools for there careers? 88M is only 2 weeks long, shorter time than the leave I turned down.


Answer
Dear CPL Schott --

You should not have an issue getting promoted solely because of a needed school.  Most school requirements are waived while you are deployed, so if you passed your promotion board, and have no other disqualifying issue with your service file, your unit should be able to promote you to sergeant.

You do not have an equal opportunity complaint, because officer personnel requirements differ from enlisted personnel requirements, are handled in different chains, and are unrelated to each other.

You would have an EEO complaint if they were sending all women back to school but no men, or vice versa.  You might also have a complaint if they were sending one race or religion back for training and were sending few others.

I believe you should discuss, with your chain of command, why they are not willing to waiver your school and promote you, if you have enough time in grade.  If they are willing to promote you with a waiver, a DA Form 4187 signed by your battalion commander, and forwarded on to DA should be sufficient to get you the promotion.

Good luck to you; thank you for your service.