IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150007942 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ____X__ ____X___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150007942 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150007942 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his date of rank (DOR) to captain (CPT/O-3) be corrected since he put in the maximum years for the rank of first lieutenant (1LT/O-2) at 5 years. 2. The applicant states: a. His DOR for 1LT/O-2 was 7 May 2009. b. Pursuant to Army Regulation (AR) 135-155 (Army National Guard and U.S. Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), Table 2-1, he put in the maximum years for the rank of 1LT/O-2 at 5 years. c. He should have been mandatorily promoted (regardless of not being in a vacant position) on 8 May 2014. d. Chaplain Branch officers are promoted from 1LT/O-2 to CPT/O-3 in a review process instead of a centralized board. e. He was selected for promotion to CPT/O-3 on 10 January 2013. f. There is currently no authority from the Secretary of the Army to withhold the promotion of Chaplain Branch officers once they reach maximum time in grade; therefore, he should be promoted in accordance with Title 10, Section 10 14304 (Eligibility for Consideration for Promotion: Maximum Years of Service in Grade) and section 14308 (Promotions), Army Regulation 135-155. g. The area of concentration (AOC) should not be material in the promotion process. Both 56A (Chaplain Officer) and 56X (Chaplain Candidate) are Chaplain Branch officers and should be treated the same. h. AOC 56X officers should be promoted once they reach maximum time in grade (TIG) if not already promoted before that date. The only exception should be an officer who is flagged. i. The Department of the Army (DA) G1 (Personnel) created a new AOC (56X) and moved those officers who are appointed as Chaplain Candidates into the Chaplain Branch. These are Chaplain Branch officers in an educational delay status. They have been properly appointed into the Chaplain Branch as a 56X. 3. The applicant provides: a. An Office of the Assistant Secretary, Manpower and Reserve Affairs, Memorandum, subject: Implementation of Fully Qualified Certification Process to Promote Reserve Component Chaplain Corps 1LT’s to CPT, dated 18 August 2010. b. A Secretary of Defense appointment letter to CPT dated 10 January 2013. CONSIDERATION OF EVIDENCE: 1. The applicant was promoted in the USAR as a 1LT with a DOR of 7 May 2009 in the Chaplain Branch in AOC 56X. 2. He completed his Master of Divinity degree on 27 July 2012. 3. The applicant completed the Chaplain Basic Officer Leadership Course (CHBOLC) on 19 August 2011. 4. The applicant was then selected for promotion to CPT by the August 2012 Chaplain Certification Review (CCR) Board. 5. However, the applicant was denied promotion in 2014, due to not being in the Chaplain Branch in AOC 56A vice 56X. 6. In the processing of this case, an advisory opinion was obtained from the Office of the Chief of the Chaplains, Chaplain Candidate Manager, which recommended denying the applicant's request. The advisory opinion essentially states that pursuant to AR 165-1 (Army Chaplain Corps Activities), dated 23 June 2015, the applicant continues to be in an educational delay status which is 56X; therefore, his promotion will continue to be delayed until he is appointed as a Chaplain (56A). 7. The applicant received a copy of the advisory opinion and responded on 13 October 2015, stating that the Office of the Chief of the Chaplains based their recommendation upon a newly updated AR 165-1 dated 23 June 2015. The revision of AR 165-1 (3 December 2009) had only one requirement for Chaplain Candidate promotion to CPT/O-3. It states in chapter 7-10(b), “…promotion to CPT requires completion of the [CHBOLC].” He completed the CHBOLC course on 19 August 2011. Therefore, he met the requirements based on AR 165-1, dated 3 December 2009, which was in effect at the time. 8. A request for another advisory opinion was sent to the Office of Chief of the Chaplains in response to the applicant’s concerns. They responded on 14 December 2015, stating, in accordance with AR 135-155, Section III, (Dates of Promotions), chapter 4-15(a), for an officer to be promoted, the officer must be assigned/attached to a position in the higher grade or, if an individual ready reserve (IRR)/individual mobilization augmentation (IMA) officer selected by mandatory promotion board, have completed maximum years of service in grade in the current grade. Chaplain Candidates cannot be assigned to a paragraph/position/line number on Tables of Distribution and Allowances (TDA) or Tables of Organization and Equipment (TOE). These are reserved for Selected Reserve (SELRES) Chaplains. Chaplain Candidates are assigned as over-strength. AR 165-1, dated 23 June 2015, which supersedes AR 165-1, dated 3 December 2009, was used for the development of this opinion. 9. The applicant was provided with a copy of the second advisory opinion with an opportunity to respond; however, he did not respond. REFERENCES: 1. AR 165-1, dated 23 June 2015 prescribes policy for status, assignments and uniform wear for the Chaplain Corps. It states: a. Paragraph 7-5(a) (Status of U.S. Army Reserve (USAR) and/or Army National Guard (ARNG) Chaplain Candidates) - All Chaplain Candidates are in an educational delay status while meeting the distinctive religious group requirements for recognition as a religious professional and endorsement by their particular religious organization or group. In accordance with Title 10, U.S. Code, section 14706 (Computation of Total Years of Service), officers who participate in the Chaplain Candidate Program, who are later awarded the AOC 56A or 56D (Clinical Pastoral Educator) and become Army Chaplains, will have their time of service as a Chaplain Candidate excluded from their mandatory release date (MRD). b. Paragraph 8-12(d) (Reserve Component Chaplain Officer Promotions) – Chaplain Candidates (56X) being in an educational delay status and under the supervision of a Chaplain will not be promoted until the Chaplain Candidate has applied to be, and has been accepted as, a Chaplain (56A). c. Paragraph 8-12(e) - The provisions of Army Regulation 135-155 will not apply to Chaplain Candidates who are selected for promotion, until they are appointed as a Chaplain (56A). Chaplain Candidates will not be transferred into the IRR for promotion and will continue as members of a troop program unit (TPU) under the supervision of a Chaplain. 2. AR 165-1, dated 3 December 2009, chapter 7, paragraph 10, states, “An ARNG administrative board meets quarterly to promote 2LT/O-1 to 1LT/O-2 who have a minimum of 18 months time-in-grade. Completion of CHBOLC is required for ARNG Chaplain Candidates to 1LT/O-2 while it is waived for USAR Chaplain Candidates in accordance with AR 135–155.” In addition, “An Army Promotion List (APL) Board meets annually to promote 1LT/O-2 to CPT/O-3 promotion to CPT/O-3 requires completion of CHBOLC.” However, in chapter 7, paragraph 11(a) (Chaplain Candidate reappointment), it states, “Upon completion of educational and ecclesiastical requirements, reappointment action is necessary for a Chaplain Candidate to be commissioned as a Chaplain. Reappointment packets may be submitted to the Office of the Chief of Chaplains (OCCH) Accessions Board 6 months prior to graduation from seminary.” 3. Army Regulation 135-155, prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers (WO)) of the Army National Guard of the United States (ARNGUS) and of commissioned and WO of the USAR. It provides: a. By law, commissioned officers of the Reserve Components who are on the Reserve Active Status List (RASL) are automatically considered for promotion when they have served the required years in grade. Promotion consideration accrues whether officers are assigned to an ARNG unit, a TPU or a control group, except for the Standby Reserve (Inactive) and the Inactive Army National Guard. b. Promotion to CPT/O-3 will be accomplished within 2 to 5 years from the DOR as a 1LT/O-3, and promotion to major (MAJ)/O-4 will be accomplished within 4 to 7 years from the DOR as a CPT/O-3. c. Chapter 4-15(a) states, the officer must already be assigned/attached to a position in the higher grade or, if an IRR/IMA officer selected by a mandatory promotion board, have completed the maximum years of service in grade in the current grade. DISCUSSION: 1. The applicant was promoted to 1LT/O-2 on 7 May 2009 and completed CHBOLC on 19 August 2011. 2. He completed his Master of Divinity degree on 27 July 2012, and was selected for promotion to CPT/O-3 by the August 2012 Chaplain Certification Review (CCR) Board. 3. According to Army Regulation 165-1, dated 3 December 2009, in effect at that time, it appears that although he met the required qualifications (completion of CHBOLC, his Master of Divinity degree, and his TIG) for promotion to CPT/O-3 on 6 May 2014, he had not been appointed as a Chaplain in AOC 56A, which precluded his promotion. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150007942 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150007942 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2