ABCMR Proceedings (cont)                                                        AR20002081996

PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            26 June 2003                  
	DOCKET NUMBER:   AR2002081996

	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. Stephanie Thompkins | | Analyst

  The following members, a quorum, were present:

| Mr. Walter T. Morrison | | Chairperson
| Mr. Lester Echols | | Member
| Mr. Lawrence Foster | | 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 that his second non-selection for promotion to major be voided and his discharge date be adjusted.

3.  The applicant states that he requested voluntary separation in November 2001.  He was passed over twice for promotion on 25 February 2002, which led to his discharge.  This will prevent him from reapplying to the Army Chaplains in the future.  He submitted a timely request for voluntary separation dated 29 November 2001 in accordance with Army Reserve Personnel Command (AR-PERSCOM) guidance.  In support of his request he submits copies of his resignation letter dated 29 November 2001, a United States Post Office Domestic Return Receipt, PS Form 3811, dated 3 December 2001, and all of his correspondence with the Chaplain Corps chain of command concurring with his request.

4.  The applicant’s military records show that he was appointed in the California Army National Guard, Chaplain Corps, as a second lieutenant effective 7 February 1988.

5.  He attained the rank of captain effective 21 October 1994.

6.  He was assigned to the USAR Control Group (Reinforcement) effective 5 June 2000.

7.  He was considered and not selected for promotion to major by the 2001 Reserve Components Selection Board (RCSB), which convened on 26 February 2001.  He was not qualified for promotion based on the lack of the required officer advance course (OAC).

8.  His records show that he had not completed his military education prior to the convening date of the boards.  

9.  On 29 November 2001, he forwarded a request to resign his commission as a Reserve Chaplain effective immediately to the Chaplain Branch, AR-PERSCOM. In the request he stated that his civilian ministry responsibilities as a college administrator and his current desire to complete his doctor of ministry studies made it necessary for him to resign at that time and reapply next spring.  He was scheduled for promotion consideration on 25 February 2002, but would not have completed the resident Chaplain OAC prior to the selection board convening.  His letter was received by certified mail and signed for on 3 December 2001.

10.  He was considered and not selected for promotion to major by the 2002 RCSB, which convened on 25 February 2002.  He was not qualified for promotion based on the lack of the required OAC.

11.  He was discharged from the Reserve effective 1 January 2003.
12.  Army Regulation 135-155 prescribes the policies and procedures for promotion of Reserve officers.  The regulation specifies that in order to be qualified for promotion to major, an individual must have completed an OAC on or before the convening date of the respective promotion board.

13. This regulation also specifies that an officer’s name may be removed from a non-recommended list if he or she was not in an active status, or in an active status in error at the time of consideration.  Promotion policy does not provide for the removal of non-selections by an RCSB except when directed by this Board.

14.  The US Army Command Chaplain, AR-PERSCOM, expressed the opinion that the applicant submitted a request for unqualified resignation at ARPC-OPA dated 29 November 2001.  The request was received at AR-PERSCOM mailroom on 3 December 2001.  The then Chaplain Personnel Management Officer indicates receipt of the resignation and attributes non-timely processing to ARPC-PS Teams.  Review of the action indicates that no case was established forwarding the action to the teams nor is there any paper trail indicating that the action was ever sent to the teams.  The failure to process the action appears to be procedural error by the then ARPC-OPA career manager.  The present ARPC-OPA procedure of establishing a case with resignation documents scanned as an attachment within 24 hours of receipt makes future error of this nature unlikely.  If the applicant’s unqualified resignation had been processed in a timely manner, he would have been discharged prior to the promotion board action and would not have been discharged as a two time passover.  The Command Chaplain recommended complete relief with a discharge date on or about 9 December 2001, with removal of any record of a two-time passover.

15.  The opinion was forwarded to the applicant for his acknowledgment/rebuttal on 27 February 2003.  He concurred on 10 March 2003.

CONCLUSIONS:

1.  The Boards notes that due to an administrative error, the applicant’s request for resignation was not processed in a timely manner and he should not have been discharged as a two-time passover.

2.  The applicant is entitled to correction of his records to show that his request for an unqualified resignation was approved and he was discharged effective 1 January 2002.  His non-selection should be deleted from the results of the 2002 Chaplain RCSB.

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 be corrected:

a.  by voiding the non-selection of the individual concerned from the major 2002 Reserve Components Selection Board;

b.  by expunging all documents related to his now-voided 2002 Reserve Components Selection Board non-selection for promotion from his official military records;

	c.  by voiding the discharge of the individual concerned effective 
1 January 2003; and

d.  by showing he was discharged effective 1 January 2002.

BOARD VOTE:  

_LF_____  _WTM___  _LE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		    _Walter T. Morrison______
		        CHAIRPERSON

INDEX

CASE ID | AR2002081996
SUFFIX |
RECON |
DATE BOARDED | 20030626
TYPE OF DISCHARGE |
DATE OF DISCHARGE |
DISCHARGE AUTHORITY |
DISCHARGE REASON |
BOARD DECISION | GRANT
REVIEW AUTHORITY |
ISSUES         1. | 131.00
2. | 131.10
3. | 136.01
4. |
5. |
6. |