PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  30 April 2002
	DOCKET NUMBER:  AR2001065609

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Hubert O. Fry		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his enlistment be voided and that he be reinstated as an officer. 

3.  The applicant states he should be reinstated as a chaplain, in the rank of major, effective 30 August 2001, with no break in service and that his enlistment should be voided.  He states that he was twice non-selected for promotion, 
signed and returned his option statement requesting to be discharged from the USAR, and later enlisted in the USAR as a SGT.  He also states that a congressional inquiry into his case was conducted and a determination was made that he did not have 20 years of commissioned service and was able to remain on the Reserve Active Status List (RASL) to complete 20 years of commissioned service via Title 10, United States Code (USC), section 14506.  Orders were published and revoked and he was reinstated in the USAR.  His contract should now be voided with reinstatement of his commissioned status.  In support of his application he submits copies of:  a letter from his congressman; a letter from the Congressional Inquiry Division; two letters from the 63rd Regional Support Team; separation orders with amendment; an enlistment contract; a reservation spread sheet; a request for conditional release; three Memorandums pertaining to his non-selection for promotion; an election of options form; National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service); NGB Form 337 (Oath of Office); DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 2088 (Certificate of Ecclesiastical Endorsement); a letter from the hospital commander; ARPC Form 3725 (Army Reserve Status and Address Verification); and a copy of his updated personnel vitae (resume).

4.  The applicant’s military records show he was appointed as a Reserve commissioned officer, Chaplains Corps, in the rank of first lieutenant on 4 January 1986.  He was promoted to captain effective 1 August 1986.

5.  He continued to serve until he was honorably released from active duty on 3 April 1992.  He was transferred to the USAR.

6.  He was appointed in the North Dakota Army National Guard (NDARNG) on 7 May 1993.  He was promoted to major effective 13 August 1993.

7.  He continued to serve until he was honorably released from the NDARNG on 26 December 1996, and was transferred to the Army Reserve.

8.  He was considered and not selected for promotion to lieutenant colonel by the 2000 and 2001 Reserve Component Selection Boards (RCSB).

9.  On 26 June 2001, orders were published by the Army Reserve Personnel Command (AR-PERSCOM) showing that he was honorably separated with an effective date of 1 September 2001, for non-selection for promotion.  
10.  On 29 August 2001, orders were published by AR-PERSCOM revoking his separation of 1 September 2001.

11.  On 30 August 2001, the applicant enlisted in the USAR, in the rank of SGT/E-5, for a period of 2 years.  

12.  On that same day, a letter was prepared by the AR-PERSCOM, 63rd 
Regional Support, Team Military Personnel Technician to the Commander of the 63rd Regional Support Command.  This letter informed the commander that authority was granted to retain the applicant in an active status to complete
20 years of commissioned service.  He would remain on the RASL and would be considered for promotion annually by the DA Reserve Components Mandatory Selection Board for LTC/Chaplain.  If recommended and qualified, he would be promoted to LTC and would not be required to be removed from an active status by reason of completion of 20 years of commissioned service.  If considered and not recommended for promotion by a subsequent board, another election of options form would be forwarded to the applicant.  He would then be required to elect retention or removal in accordance with his desire and the law.

13.  Title 10, USC, section 14506, states that an officer in the grade of major who twice fails to be selected for promotion to the next higher grade will be separated no later than the first day of the month after the month in which the officer completes 20 years of commissioned service.

CONCLUSIONS:

1.  The applicant is entitled to:  expunction of his enlistment contract, dated 30 August 2001, with no force or effect; reinstatement to his previous Reserve commission, with an effective date of 30 August 2001; reinstatement of his rank to major; and entitlement to back pay and allowances.  

2.  It is further noted that any pay and allowances received by the applicant, as an enlisted man for the period for the now voided enlistment will be offset based on this records correction.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected:

a.  by voiding his enlistment in the USAR, dated 30 August 2001, with no force or effect;

b.  reinstatement to his previous Reserve commission, with an effective date of 30 August 2001; 

c.  reinstatement of his rank to major, with back pay and allowances; and

	d.  by offsetting the pay received by the applicant in his now voided enlisted status.

BOARD VOTE:  

__ao___  __ts____  ___hf___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2001065609	
SUFFIX		
RECON		
DATE BOARDED	20020430	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920403	
DISCHARGE AUTHORITY	AR2001065609	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  302		
2.		
3.		
4.		
5.		
6.