RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20070002077 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. Gerard W. Schwartz Acting Director MR. Dean L. Turnbull Analyst The following members, a quorum, were present: Mr. William F. Crain Chairperson Mr. Edward E. Montgomery Member Ms. Rea M. Nuppenau Member 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 that his enlistment contract with the Army National Guard be voided and that his Federal Recognition be extended to 17 July   2005, that he be transferred from the United States Army Reserve (USAR) to the Individual Ready Reserve (IRR), and that he be transferred from the IRR to the Tennessee Army National Guard (ARNG). 2. The applicant states, in effect, that he would like to void his enlistment contract so he can return to the ARNG as a commissioned officer in the grade of major. 3. The applicant provides a copy of his enlistment contract and a copy of his Army National Guard Retirement Points History Statement. CONSIDERATION OF EVIDENCE: 1. The applicant served on active duty from 24 February 1985 to 28 August   1992 as an Air Defense Artillery (ADA) Officer and was transferred to the USAR. He had been promoted to captain effective 1 June 1989 and had completed the ADA Advanced Course in 1990. 2. On 10 June 1996, the applicant was informed he was nonselected for promotion to major by the Reserve Components Selection Board that convened on 12 March 1996. 3. On 13 May 1997, the applicant was appointed in the Chaplain Corps as a Chaplain Candidate in the grade of captain. The appointment order specified that he was to be appointed in the current grade held. On 13 May 1997, the applicant accepted the appointment. 4. On 29 August 2003, the applicant was discharged in the rank of captain for twice being considered but not selected for promotion to major, Chaplain Corps. 5. On 3 February 2004, the Army Board for Correction of Military Records (ABCMR) recommended that the applicant be considered by a Standby Advisory Board (STAB). Based on the ABCMR's approved recommendation, the applicant was selected for promotion to major under 1996 promotion criteria. The applicant's records contain orders which promoted the applicant to major effective in 1996 as a result of that selection. 6. The applicant enlisted in the Tennessee ARNG in pay grade   E-5 on 20 January 2004. 7. In a conversation between the staff of the Board and the Chaplain Promotion Branch, U.S. Army Human Resources Command, St. Louis, Missouri, it was determined that if any applicant had been a major at the time of his reappointment to the Chaplain Corps, he would have been accepted as a Chaplain Candidate in the grade of major only if he had met the Chaplain Board's criteria at that time. This criteria changes yearly. 8. Army Regulation 135-155 provides the policy for promotion of Reserve Component offices. This 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. 9. Title 10, United States Code, section 2621(b) states, in pertinent part, that no person may be a member of more than one Reserve Component at a time. DISCUSSION AND CONCLUSIONS: 1. Based on the approved recommendation of the ABCMR, the applicant was selected for promotion to major under 1996 promotion criteria. At that time the applicant was an ADA Corps officer. 2. Therefore, the applicant was properly promoted to major effective 1996 in the ADA, as evidenced by orders in his military records. 3. However, when the applicant was appointed as a captain in the Chaplain Corps, that appointment terminated his status as an ADA major. 4. Since there is no evidence to show that the Chaplain’s Board would have accepted the applicant as a major as a chaplain candidate, a presumption of regularity must be applied to his appointment as a captain in the Chaplain Corps.  Therefore, all subsequent personnel actions concerning the applicant’s status in the ARNG, including his discharge on 23 August 2003 and his enlistment in the ARNG, are also assumed to have been proper. 5. In summary, the applicant was promoted to major, ADA, based on the approved recommendation of the ABCMR. His commission as an ADA officer was terminated when he was appointed in the Chaplain Corps. His appointment as a captain in the Chaplain Corps and his two nonselections for promotion to major, Chaplain Corps, appears proper and just. Since his separation as a captain, Chaplain Corps is proper, there is no reason to void his enlistment in the ARNG or to transfer him to the IRR and to transfer him from the IRR to the Tennessee ARNG. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___rmn__ ___eem _ ___wfc__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. 2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. _________William F. Crain_________ CHAIRPERSON INDEX CASE ID AR20070002077 SUFFIX RECON YYYYMMDD DATE BOARDED 20070308 TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) DATE OF DISCHARGE YYYYMMDD DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 2. 3. 4. 5. 6.