ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20170001642 APPLICANT REQUESTS: rescission of his first non-selection for promotion notification. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Memorandum, Department of the Army Office of the Deputy Chief of Staff, G-1, dated 20 July 2010, subject: Notification of Further Change to Department of the Army Pamphlet 611-2 (Army Personnel Tests and Measurement), O-1010-03, Establishment of Branch Functional Designation Code CC (Chaplain Candidate) and Establishment of Chaplain Candidate Special Reporting Code 56X (Chaplain Candidate) * Memorandum, Headquarters, 88th Regional Support Command, dated 15 June 2011, subject: Notification of Non-Selection for Promotion (1st Time) * Memorandum, Headquarters U.S. Army Human Resources Command, dated 24 February 2011, subject: Fiscal Year 2011, Reserve Component, Captain, Army National Guard of the United States, Army Reserve Active Guard Reserve, and Army Reserve Non-Active Guard Reserve, Army Promotion List, Competitive Categories Promotion Selection Boards * 2011 Army Promotion List Department of the Army Board, release date 24 February 2011 * Memorandum, Headquarters U.S. Army Human Resources Command, dated 12 December 2011, subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code, Sections 12201 and 12203 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: * he was erroneously non-selected for promotion while serving as a commissioned officer in the U.S. Army Reserve * he is attempting to have the first board non-consideration removed from his record * he was supposed to be automatically reclassified to chaplain candidate effective 1 September 2010 * he was boarded for the incorrect branch when his promotion packet appeared before the Fiscal Year 2011 Captain Promotion Board * he was boarded as a Staff Specialist instead of a chaplain candidate * promotion board members were not fully briefed on the Chaplain Candidate Program * he was non-selected a second time for this clerical error that lead to his separation * he is attempting to access into the Missouri Army National Guard; however, he must have the first non-selection removed from his record first 3. The applicant enlisted in the Regular Army on 22 July 1996. 4. He received his bachelor's degree in March 2006. 5. He was honorably discharged from the Regular Army on 30 April 2007 to accept a direct commission in the Army. 6. He accepted a direct appointment as a Reserve commissioned officer on 31 May 2007 and was assigned to the U.S. Army Reserve Individual Ready Reserve. 7. He was promoted to first lieutenant on 30 November 2008. 8. He completed Chaplain Officer Basic Leadership Course on 28 August 2009. 9. On 28 March 2010, he was assigned to a U.S. Army Reserve troop program unit as a chaplain candidate. 10. On 20 July 2010, the Office of the Deputy Chief of Staff, G-1, published guidance for establishment of branch functional designation code CC (Chaplain Candidate) and establishment of Chaplain Candidate Special Reporting Code (SRC) 56X (Chaplain Candidate). Area of concentration 56X will be assigned to a chaplain candidate until the student officer has completed the qualifying graduate-level degree and is endorsed by a distinctive faith group. 11. On 2 November 2010, the Department of the Army Reserve Components Mandatory Selection Board convened to consider officers for promotion. On 15 June 2011, the applicant was notified of his non-selection for promotion and informed he had not completed the required civilian and/or military education. 12. On 14 August 2011, he submitted an application for appointment, indicating his preference as an Adjutant General Officer. 13. On 1 February 2012, he was assigned as a company commander of a U.S. Army Reserve troop program unit. 14. His officer evaluation report for period ending 8 January 2013 shows his rater rated his potential for promotion as "Outstanding Performance, Must Promote." His senior rater rated his promotion potential for the next higher grade as "Best Qualified" and entered the following comments: "[Applicant] was assigned to the unit 20100328 [28 March 2010] in the chaplaincy program, but has since left the program. He has not yet completed the basic course as of 20130107 [7 January 2013]. Promote when eligible and select for advanced military education. It's a pleasure to serve with this fine young officer." 15. On 1 January 2014, the Army Reserve Components Selection Board considered the applicant for selection to the next higher grade and did not select him for promotion. 16. On 1 February 2014, he was honorably discharged from the U.S. Army Reserve as a twice non-selected for promotion to next higher grade of captain. 17. On 4 December 2018, the Department of the Army Office of the Chief of Chaplains rendered an advisory opinion wherein he stated: * the applicant was erroneously considered for and was non-select for promotion to captain by the Fiscal Year 2011 Board * his name should have been withdrawn from the Fiscal Year 2011 Captain Promotion Selection Board * the Reserve Component Integration Directorate Personnel Management Officer opined the applicant should have his Notification of Non-Selection for Promotion (1st Time) rescinded and his military record updated 18. The applicant was provided a copy of the advisory opinion on 6 December 2018 and was given an opportunity to comment and/or submit a rebuttal. He responded and stated: * he requests removal of his first consideration for promotion to captain so he may apply to the Missouri Army National Guard * he has served his country faithfully and diligently for 17 years and would like the opportunity to complete his time in service and earn his retirement * he did not receive evaluation reports as a chaplain candidate, but he attached a copy of the evaluation report he received as a company commander * he included a copy of his academic evaluation report from his Basic Officer Leadership Course showing he was educationally qualified for promotion to captain * he included a copy of his Officer Record Brief as a brief overview of his time as an Army Reserve commissioned officer BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined there is sufficient evidence to grant relief. The Board agreed with the opinion of the Reserve Component Integration Directorate Personnel Management Officer that Mr. Ramos should have his Notification of Non-Selection for Promotion (1st time) rescinded, and his military record updated as necessary. The Board found that the preponderance of the evidence in the record indicated that an injustice had occurred and the applicant should not have been considered for promotion in the FY11 CPT APL Promotion Selection Board. He was erroneously considered for and was non-select for promotion to CPT by the FISCAL YEAR 2011, RESERVE COMPONENT (RC), CAPTAIN (CPT), ARMY NATIONAL GUARD OF THE UNITED STATES (ARNGUS), ARMY RESERVE ACTIVE GUARD RESERVE (AR AGR) AND ARMY RESERVE NON-ACTIVE GUARD RESERVE (AR NON-AGR), ARMY PROMOTION LIST (APL) COMPETITIVE CATEGORIES PROMOTION SELECTION BOARDS. Therefore, the Board found that full relief is warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing all documents pertaining to the FISCAL YEAR 2011, RESERVE COMPONENT (RC), CAPTAIN (CPT), ARMY NATIONAL GUARD OF THE UNITED STATES (ARNGUS), ARMY RESERVE ACTIVE GUARD RESERVE (AR AGR) AND ARMY RESERVE NON- ACTIVE GUARD RESERVE (AR NON-AGR), ARMY PROMOTION LIST (APL) COMPETITIVE CATEGORIES PROMOTION SELECTION BOARDS, including his first non-selection for promotion notification, from the applicant’s official military personnel file (OMPF). 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. ADMINISTRATIVE NOTE(S): not applicable. REFERENCES: 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 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. 2. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) provides policy for selecting and promoting commissioned officers of both the Army National Guard and the U.S. Army Reserve. The regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations. An Army Promotion List is a promotion list of officers under consideration which includes all branches except Army Medical Department and Chaplain. a. Paragraph 2-8 (Military Education Requirements) provides that to qualify for selection, commissioned officers must complete the military education requirements not later than the day before the selection board convening date. b. Paragraph 2-9 (Civilian Education Requirements) provides that all commissioned officers initially appointed on or after 1 October 1987 must possess a baccalaureate degree from an accredited institution recognized by the U.S. Secretary of Education or have earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense for purposes of meeting officer educational requirements. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001642 6 1