RECORD OF PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:            November 25, 2003                  
	DOCKET NUMBER:   AR2003089561

	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. Luis Almodova		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Lana E. McGlynn		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his discharge for two-time non-selection for promotion be removed from his records.

2.  The applicant states, in effect, that he received his appointment/commission on 19 May 1988.  He never completed his basic officer course (Chaplain School) within the prescribed period of 3 years.  He should have been discharged after the 3-year period.  He should not have been considered for promotion.  The applicant alleges to have been accepted by the Chaplain Review Board to re-enter the service.  He wants to complete his training as a chaplain and serve his country, "For God and Country."

3.  The applicant provides a copy of an officer evaluation report for the period 5 November 1991 through 26 April 1992 in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was appointed as a reserve commissioned officer of the Army under Title 10, USC (United States Code) 591 and 593, for an indefinite term, in the Staff Specialist Branch, on 19 May 1988.

2.  The applicant authenticated a DA Form 3574, Certificate of Acknowledgement and Understanding of Service Requirements for Individuals Applying for Appointment in the USAR (U.S. Army Reserve).  Paragraph 1, in the Certification portion states, "I will incur a statutory military service obligation of 8 years commencing with the effective date of appointment."

3.  In connection with his appointment, the applicant completed an AFKA-CH FM 12R, Second Lieutenant Staff Specialist Branch Appointment Statement, on 27 March 1988.

4.  The above statement states, "If appointed in the grade of Second Lieutenant, USAR, SSI-00A56 (Chaplain Candidate) for assignment to the Staff Specialist Branch, I agree to apply for and accept a commission as a First Lieutenant, USAR with assignment to the Chaplain's Branch within 3 years of graduation from seminary and ordination.  I further agree to serve a minimum period of three consecutive years active duty if the Department of the Army requires my services, provided I receive written ecclesiastical endorsement for active duty from a recognized ecclesiastical endorsing agency."

5.  On his appointment, the applicant was assigned to the US Army Reserve Control Group (Officer Active Duty Obligor).  

6.  On 15 July 1988, the Director of Training and Doctrine, U.S. Army Chaplain Center and School, Fort Monmouth, New Jersey, certified that the applicant had attended and completed five weeks of resident training at the U.S. Army Chaplain Center and School and could enroll in Phase 2 of the Chaplain Officer Basic Course and complete it in a resident or nonresident status.

7.  The applicant's DA Form 2-1, Personnel Qualification Record, Part II, Item 17 (Civilian Education and Military Schools), is void of an entry to show that he completed the Chaplain Officer Basic Course.  There is no documentary evidence in the applicant's Official Military Personnel File (OMPF), such as a diploma, certificate of training, or academic evaluation report, to indicate that he completed the Chaplain Officer Basic Course.

8.  DD Form 2088, Ecclesiastical Endorsing Agent Certification, shows that the applicant received his ecclesiastical endorsement from JWB-Jewish Chaplains Council on 29 March 1991 for the purpose of his serving as a Reserve Army Chaplain.

9.  On 8 August 1991, the Office Chief of Chaplains approved the applicant's appointment in the Army of the United States as a first lieutenant in the Chaplain Corps with the SSI (Specialty Skill Identifier) 56A, Chaplain.  The applicant accepted this appointment on 4 September 1991.

10.  On 5 November 1991, the applicant was reassigned to the US Army Reserve Control Group (Reinforcement) and was assigned to the 301st Support Group, Fort Totten, New York.

11.  On 22 July 1993, the applicant was reassigned from the 301st Area Support Group (USAR Ready) to the U.S. Army Control Group (Annual Training) for cogent reasons.

12.  In the processing of this case, an advisory opinion, dated 9 July 2003, was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, U.S. Total Army Personnel Command.  The Chief, Special Actions Branch, Office of Promotions, advised that the applicant was considered but non-selected for promotion to captain by the 1995 and 1996 Reserve Components Selection Board.  The applicant was not educationally qualified therefore he could not be selected for promotion.

13.  The officer evaluation report that the applicant submitted in support of his request was the last received report before the convening of the promotion selection board.  The fact was annotated to a preselection board screen form in his file.

14.  The applicant was honorably discharged from the U.S. Army Reserve Control Group (Reinforcement), on 24 July 1996, under the provisions of 
AR 135-175 due to his having been twice non-selected for promotion to captain.

15.  The applicant provided no documentary evidence that the Chaplain Review Board has accepted him for the purpose of his reentering the Army.

16.  Army Regulation 135-155, paragraph 2-8, specifies that to qualify for selection, commissioned officers must complete the military educational requirements in table 2-2 not later than the day before the selection board convene date.  For promotion to captain, a first lieutenant must complete the officer basic course for his branch.

17.  Army Regulation 135-175, paragraph 4-4, subparagraph 5, states that officers in the rank of first lieutenant, captain, or major, who have completed their statutory military service obligation, will be discharged for failure to be selected for promotion after nonselection for promotion after a second consideration. 

18.  AR 135-175, paragraph 4-4, subparagraph 14, states that officers who, after 1 July 1972, fail to complete military educational requirements in table 2-2, AR 135-155 will be discharged from the Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant incurred an 8-year military service obligation with appointment as a commissioned officer on 19 May 1988.

2.  The applicant was initially appointed in the Staff Specialist Branch and on receipt of ecclesiastical endorsement, he was appointed in the Chaplain Corps on 4 September 1991.

3.  The evidence of record shows that the applicant completed the first phase of the Chaplain Officer Basic Course and was notified that he was eligible to pursue completion of Phase 2 of the Chaplain Officer Basic Course in either a resident or nonresident status.

4.  There is no evidence that the applicant enrolled in and completed the officer basic course.  In fact, the applicant admits that he did not complete the officer basic course and should have been discharged for non-completion of this level of military education after he had competed 3 years service.

5.  The applicant affiliated himself with the 301st Area Support Group and was transferred from the USAR Control Group (Reinforcement) on 5 November 1991.  
He remained with this unit until 22 July 1993 when he was returned to the USAR Control Group (Annual Training) for cogent reasons.

6.  The applicant was considered for promotion to captain by the 1995 and 1996 Reserve Components Selection Board.  Because he was not educationally qualified, he was twice non-selected for promotion by these boards.

7.  The applicant was discharged from the U.S. Army Reserve on 24 July 1996, after he had completed his 8-year service obligation.

8.  The evidence of record shows that there was sufficient time for the applicant to have completed the Chaplain Officer Basic Course.  According to applicable regulation, the applicant could have been discharged after he had completed 3 years of service, but he was not.  By not being discharged after the third year of his service, he gained valuable time during which he could have completed the officer basic course.  He was provided the option of completing the course in a nonresident or in a resident status but he did not avail himself of either method.  By not completing the officer basic course by the time he was considered for promotion to captain, he established the climate for his discharge.  There is therefore no cogent reason to remove his discharge for his two-time non-selection for promotion from his records.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_LEM___  __YM___  ___RO__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.

		Raymond V. O’Connor
		   CHAIRPERSON

INDEX

CASE ID	AR20039561	
SUFFIX		
RECON		
DATE BOARDED	2003/11/25	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.  192	110.0300	
3.		
4.		
5.		
6.