RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  27 January 2004
	DOCKET NUMBER:  AR2003090319

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. Lester Echols		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, removal of his two promotion non-selections to allow re-entry in the Reserve as a Chaplain.

2.  The applicant states that on 18 April 2003, he was notified of his acceptance to serve as a Reserve Chaplain.  On 10 April 2003, he learned that he had been twice considered and non-selected for promotion to major, so he was not eligible to become a Chaplain.  He did not desire further advancement in the Infantry Branch.  It was his understanding that everyone who left the active Reserve went into the IRR in case reactivation became necessary.  

3.  He also states that because he did not begin or complete the Infantry Officer Advanced Course (OAC) he was not eligible for promotion and he did not wish to appear before any promotion board.  He is certain that if he had been properly notified that he was being boarded without being eligible and of the consequences of a double passover being so severe, he would have gotten completely out of the Reserve.  He has been boarded and accepted as a Reserve Chaplain and would like his records corrected so that he may begin serving in the Chaplain Corps.

4.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant's military records show that he was appointed in the Reserve, Infantry Branch, as a second lieutenant effective 4 July 1982.  He completed his branch officer basic course effective 5 October 1982.  There is no DD Form 214 (Certificate of Release or Discharge From Active Duty) in the available records.  However, the final officer evaluation report shows that he received a release from active duty report with a through date of 11 June 1985.

2.  The applicant had been promoted to first lieutenant effective 23 November 1983 and to captain effective 3 June 1988.

3.  Based on the required 7 years time in grade, his maximum time in grade date for promotion to major was 2 June 1995.

4.  The applicant was considered and not selected for promotion to major by the 1995 and 1996 Reserve Components Selection Boards (RCSB).

5.  The applicant was separated from the Reserve for non-selection for promotion effective 11 October 1996.

6.  In a statement submitted by the applicant, he states that on 18 April 2003, he was notified that he had been accepted to serve as a Reserve Chaplain.  He also states that he served in an Army Reserve unit from 1985 to 1988.

7.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, Army Human Resources Command verified that the applicant's notification of promotion status memorandums (eligibility for promotion), non-selection memorandums, discharge certificate, and discharge orders were mailed to his last known address contained in his records.

8.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  This regulation specifies that mandatory selection boards will consider Reserve officers to grades of major in an active status.  First consideration will occur well in advance of the date the officer will complete the time in grade requirements.  The next board considering his or her grade and/or branch will reconsider those officers who were not selected for promotion on the first consideration, and who remain in an active status.  Respective designees will notify each officer in the zone of consideration for mandatory promotion board consideration at least 90 days before the convening date of the board, and will include the date on which the board is to convene.  

9.  The regulation also specifies that in order to be qualified for promotion to major, an individual must have completed an OAC on or before the convening date of the respective promotion board.

10.  Army Regulation 135-155 further specifies that officers who twice fail to be selected for promotion to the grade of major will not be considered again for promotion, and will be transferred to the Retired Reserve, if they are eligible and request such transfer, or discharged.  Officers non-selected will be sent notification on public release of the approved board recommendations.  An original copy of the memorandum will be sent directly to non-unit officers.

11.  This regulation also specifies that an officer’s name may be removed from a non-recommended list if he or she was not in an active status, or in an active status in error at the time of consideration.  Promotion policy does not provide for the removal of non-selections by an RCSB except when directed by this Board.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not entitled to removal of his two promotion non-selections to allow re-entry in the Reserve as a Chaplain. He has not shown error, injustice, or inequity for the relief he now requests.

2.  The applicant's contentions have been noted; however, the applicant was in the zone for promotion consideration to major by the 1995 and 1996 RCSB’s.  He was appropriately considered and not selected by those boards.  Based on his two non-selections for promotion he was discharged from the Reserve.  His records show that his notification of promotion status memorandums (eligibility for promotion), non-selection memorandums, discharge certificate, and discharge orders were mailed to his last known address contained in his records.  As a Reserve unit officer promotion consideration and non-selection criteria would have been widely known.

3.  Implicit in the Army's promotion system is the universally accepted and frequently discussed principle that officers have a responsibility for their own careers.  The general requirements and workings of the system are widely known and specific details such as RCSB dates and promotion zones are widely published in official, quasi-official and unofficial publications, and in official communications.  The applicant knew, or should have known, that he would be considered by a RCSB and that he needed to insure, well in advance, that his record would present his career and qualifications to that board in the best possible light.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___ao___  ___ym___  __le____  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.

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090319	
SUFFIX		
RECON		
DATE BOARDED	20040127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.		
3.		
4.		
5.		
6.