RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  3 February 2004
	DOCKET NUMBER:  AR2003083549

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Curtis L. Greenway		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, that he receive promotion reconsideration to major.  He does not identify which major promotion boards he is requesting reconsideration for.

2.  The applicant states that the promotion board did not properly consider his military and civilian education.

3.  The applicant provides copies of his Master of Divinity transcript and certificate and his Certificate of Ordination in The United Methodist Church.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's records show that he was appointed a second lieutenant effective 17 December 1984 with prior enlisted service.  He served on active duty from 24 February 1985 through 28 August 1992 as an Air Defense Artillery officer and was transferred to the Army Reserve (USAR).  He had been promoted to captain effective 1 June 1989 and had completed the Air Defense Artillery Advanced Course in 1990.

2.  On 10 June 1996, the applicant was informed of his nonselection to major by the Reserve Components Selection Board (RCSB) that convened on 12 March 1996.  The notification stated that his completion of an advanced course was not a part of the file reviewed.

3.  Effective 13 May 1997, the applicant was appointed in the Staff Specialist branch of the USAR as a Chaplain Candidate in the grade of captain and assigned to the USAR Control Group (Reinforcement).  His appointment memorandum notes that his age waiver had been approved and that he was appointed in the current grade held.

4.  On 6 June 1997, the applicant was informed of his nonselection to major by the RCSB that convened on 1 March 1997.  The notification made no statement concerning a lack of the required military education.

5.  The applicant's available records show that he was issued a Service School Academic Evaluation Report on 22 August 1997 and a DD Form 214 (Certificate of Release or Discharge from Active Duty) for completion of the Chaplain Officer Basic Course.

6.  The applicant provides copies of the academic transcript and certificate showing that he was awarded a Master of Divinity effective 9 May 1998.

7.  In December 2000 the applicant was reconsidered for promotion to major by a Special Selection Board (SSB) under 1998 criteria based on missing civilian education in his files.  He was not selected by the SSB, confirming his earlier nonselection by the 1998 RCSB that convened on 24 March 1998.

8.  Information available through the Army Reserve Personnel Command
(AR-PERSCOM) Soldier Management System on the applicant shows that on 14 April 2001, the separations branch had forwarded an official request for his removal from an active status because he was twice not selected for promotion to major.

9.  On 3 June 2002, the applicant was ordained in The United Methodist Church.

10.  In the processing of this case an advisory opinion was provided by the Special Actions Branch, Office of Promotions, Reserve Components, Total Army Personnel Command (PERSCOM).  The opinion notes that the applicant has a basis for reconsideration by a SSB under 1996 criteria based on the recorded reason of his nonselection as not meeting the required education for promotion.  Additionally, since he had not been discharged he might have a basis for additional SSBs from 1999 through 2003.  The applicant was provided a copy of this advisory opinion and he concurred.

11.  Effective 29 August 2003, the applicant was discharged from the USAR based on his nonselections for promotion.

12.  Army Regulation 135-100 provides the policy for appointment of Reserve Component officers including Chaplains and Chaplain Candidates.  It provides that entry grade credit awarded will be the sum of the prior commissioned service allowed.  Prior commissioned service credit allowed is the sum of active duty commissioned service and commissioned service in an active status of 1 year for each year served.

13.  Army Regulation 135-155 provides the policy for promotion of Reserve Component officers.  The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board.  Included in the reasons for reconsideration were an officer's correct military or civilian education level was not seen by the board.

14.  The regulation also provides that an officer twice not selected for promotion to major will be separated not later than the first day of the seventh month after the month in which the final approval authority approves the report of the board.

15.  Army Regulation 165-1 provides the policy for Army Chaplain activities including the Chaplain Candidate program.  It provides that Chaplain Candidates will remain in the program for a maximum of 6 years but will not be retained in the program for more than 3 years after graduation from seminary.

DISCUSSION AND CONCLUSIONS:

1.  Based on the information provided by the Office of Promotions, Reserve Components, PERSCOM, the applicant is entitled to reconsideration for promotion to major under 1996 criteria by a duly constituted STAB.

2.  The applicant is not entitled to promotion reconsideration under 1997 or 1998 criteria.  The available evidence shows that he was properly considered, that his records correctly reflected his civilian and military education at the time, and he was not selected for promotion.  He has not shown error or injustice in these nonselections.

3.  Although not separated in a timely fashion, the applicant's separation was in accordance with regulation based on his twice failure of selection for promotion to major.

BOARD VOTE:

__sc___  ___rs____  ___cg___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing all of the education of the individual concerned on his OMPF.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted STAB under 1996 criteria, as appropriate.

3.  That if selected, his records be further corrected by showing he was promoted to the next higher grade on his date of eligibility therefore, as determined by appropriate Departmental officials using the criteria cited, provided he was otherwise qualified and met all other prerequisites for promotion.

4.  That if the applicant was selected and previously separated, his records be further corrected to show:

	a.  that his discharge, is void, and of no force or effect, that he was credited with qualifying service for Reserve retirement for his respective retirement years, from the dates of his now-voided discharge to the date of his return to the Ready Reserve;

	b.  that an adequate explanation be placed in his official personnel files to show that the gap in his officer evaluation reports, from the dates of his now-voided discharge to the date of return to Ready Reserve status, was not caused by any fault on his part, and to insure that he is not prejudiced thereby in the consideration of any future personnel actions; and

	c.  that all documents related to his now-voided non-selection for promotion, and his discharge be expunged from his official military records.

5.  That if not selected, the applicant be so notified. 

6.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to promotion reconsideration under 1997 or 1998 criteria.

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083549	
SUFFIX		
RECON		
DATE BOARDED	20040203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	131.11	
2.		
3.		
4.		
5.		
6.