IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150011560 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: 25 August 2016 DOCKET NUMBER: AR20150011560 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: 25 August 2016 DOCKET NUMBER: AR20150011560 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 correction of his military records to show he was recommended and selected for promotion to major by the Fiscal Year (FY) 2011 Major Chaplain Promotion Selection Board. 2. The applicant states: a. He has probable cause to suspect he was selected for promotion to major only to be illegally discharged for nonselection by a criminal act. b. On line 5 of the recommended list for the FY 11 Major Chaplain Promotion Selection Board, there is an entry marked "controlled" where his name would appear alphabetically. The "controlled" entry is for Chaplain W____ (a Ranger). The board president was also a Ranger. The board president held him in contempt for a manuscript he wrote. The board president illegally switched his promotion to Chaplain W____ to get rid of him despite his high record of service. 3. The applicant provides: * recommended list for FY 11 Major Chaplain Promotion Selection Board * self-authored letter to the Chief, Case Management Division, Army Review Boards Agency, dated 5 May 2015 * letter from a colonel, dated 25 March 2014 * U.S. Army Reserve discharge orders, dated 1 October 2012 * service personnel records * articles and photographs * correspondence from a Member of Congress CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. Having prior enlisted service in the Regular Army, the applicant was appointed as a Reserve commissioned officer on 8 April 2003 in the rank of first lieutenant. He was promoted to captain effective 21 April 2003 and he entered active duty. He was appointed in the Regular Army in the rank of captain effective 11 November 2005. 3. On 1 October 2011, he was honorably discharged in the rank of captain by reason of nonselection, permanent promotion. 4. There is no evidence showing he was recommended and selected for promotion to major by the FY 11 Major Chaplain Promotion Selection Board. 5. He provided the recommended list for FY 11 Major Chaplain Promotion Selection Board. His name is not shown on this list. Line 5 of this list shows the entry "CONTROLLED." 6. He was again appointed as a Reserve commissioned officer on 2 October 2011 in the rank of captain. He was promoted to major effective 7 March 2012. 7. On 4 September 2012, he tendered his unqualified resignation as a Reserve officer due to numerous physical ailments connected to his active duty service. 8. On 1 October 2012, he was honorably discharged from the U.S. Army Reserve in the rank of major. 9. He provided a self-authored letter to the Chief, Case Management Division, Army Review Boards Agency, dated 5 May 2015, which states, in summary: a. He has suffered an incredible injustice from a senior officer. He has yet to be fairly treated and must seek assistance for an impartial investigation regarding the FY 11 Major Chaplain Promotion Board list. He has probable cause to believe the published list was tampered with. In many ways, it is the perfect crime. A review of the record is required for justice. b. The president of his last promotion board is now retired. He held a grudge against him for a manuscript he wrote. He had a very high record of service and outperformed all of his peers in religious leadership on a national level. He was one of the top chaplains in his corps. c. He suspects the President of the board wanted him out of the force. He held him in contempt. That is what he can make of a motive. The only way he could do it was by altering the promotion list, which he was responsible for publishing. d. In March 2011, he was informed he was passed over for promotion. He and his brigade commander were stunned. He was very suspicious, but could do nothing about it since he was stationed in Korea. e. The Army Times chaplain promotion list was incomplete and it took a year to get the list through the Freedom of Information Act. Sure enough, there was another entry in line 5 where his name would appear alphabetically. The entry was "CONTROLLED," belonging to Chaplain W____ of the Rangers. The president of the board was also a Ranger. He had no voting authority and he suspects the president illegally flagged his promotion and changed it to Chaplain W____ to get rid of him. f. He requests a review of record utilizing the promotion memorandum issued by the Secretary of the Army in October 2010. The promotion board panel was told to seek chaplains with joint service experience, promote Army values, leaders that would act instead of react, and take care of Soldiers and their families. Very few chaplains have joint service experience of any merit. At the Defense Language Institute, he had the opportunity to work with every branch of the U.S. Armed Forces. g. He received awards, he promoted Army values, he saved many lives, and he is the only chaplain in the history of the Army to honor the 38 Women Air Force service pilots who were killed during World War II. h. He has been trying to get the true story of his last promotion board for over 3 years. He has been blocked at every turn. No one wants to do an investigation to support the Army values, which we are to live up to. Until this is properly investigated and answered, a great injustice remains to be addressed. He was persecuted and targeted for sharing the truth. i. He requests to be interviewed by the CID at the earliest opportunity. He has reported this matter to them numerous times. A copy of this letter will also be sent to President Obama. No general is above his Commander in Chief. REFERENCES: Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the Active Duty List (ADL). a. Paragraph 1-12 (Promotion Lists) states the names of those officers recommended and approved for promotion are placed, in order of their seniority on the ADL, on promotion lists published by the U.S. Army Human Resources Command. b. Paragraph 1-13 (Failure to be Selected for Promotion) states an officer on the ADL who has failed to be selected for promotion to major a second time will be subject to discharge or release from active duty. DISCUSSION: 1. He states he has probable cause to suspect he was selected for promotion to major, only to be illegally discharged for nonselection by a criminal act. 2. He contends the president of the FY 11 Major Chaplain Promotion Selection Board illegally switched his promotion to another chaplain to get rid of him despite his high record of service. However, there is no evidence of record and he provided no evidence to support this contention. 3. There is no evidence of record and he provided no evidence showing he was selected for promotion to major by the FY 11 Major Chaplain Promotion Selection Board. 4. There is no evidence of record and he provided no evidence showing he was illegally discharged for nonselection in October 2011. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011560 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011560 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2