RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2005
      DOCKET NUMBER:  AR20050009560


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests adjustment to his date of rank (DOR) for captain
from 1 September 1999 to 20 August 1998.

2.  The applicant states, in effect, that his erroneous DOR resulted from
revision to a Reserve of the Army promotion policy implementing a Reserve
Officer Personnel Management Act (ROPMA) promotion time in grade
requirement.  He also states that he was credited with 3 years of service
based on his education.  He believes that his DOR should have been adjusted
to 21 April 1991.

3.  The applicant provides copies of his ARPC Form 155-R (Promotion
Qualification Statement), his completion documents for the officer basic
course and baccalaureate degree, his appointment memorandum, and his
Certificate of Ecclesiastical Endorsement.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve, Chaplain Branch, as a first lieutenant
effective 21 September 1994, with 3 year constructive service credit.  His
total award of 3 years constructive service credit was applied towards his
entry grade of first lieutenant.

2.  ARPC Form 155-R verifies that he was assigned to a captain's position
effective 1 October 1994.

3.  Based on the maximum of 7 combined years of service as a lieutenant,
his maximum years of service in grade (MYIG) for promotion to captain was
20 September 1998.

4.  The applicant was considered and selected for promotion to captain by
the 1998 Reserve Components Selection Board (RCSB), which convened on
9 November and recessed on 11 December 1998.  The President approved the
board results on 1 April 1999.  Based on his MYIG he should have been
considered by the 1997 RCSB that the President approved on 25 June 1998.
He was promoted to captain effective 1 September 1998.

5.  The applicant's records show that he met the requirements, i.e., active
status, medical qualification, and security clearance for promotion
purposes on his MYIG.

6.  The applicant was mobilized in December 2004 and is currently serving
on active duty.

7.  On 3 December 1997, the Acting Principal Deputy Assistant Secretary
(Manpower and Reserve Affairs) acknowledged that pertinent Army agencies
had agreed that the faulty promotion policy for promotion to captain should
be revised, and that actions would be initiated for this purpose.  He
further stated that affected individuals would be advised they could seek
relief from the Army Board for Correction of Military Records (ABCMR) which
could adjust DOR’s for those who were first-time considered and selected
for promotion to captain, after having served more than 7 combined MYIG as
a lieutenant.

8.  The Reserve Officer Personnel Management Act (ROPMA) prescribed the
policies and procedures to consolidate and modernize the laws governing the
management of Reserve component officers.  ROPMA specified that a second
lieutenant (2LT) serve a MYIG of 2 years before promotion to first
lieutenant (1LT), and a 1LT serve a MYIG of 5 years before promotion to
captain.  The Reserve Officer Personnel Act in effect prior to ROPMA
required completion of 3 years as a 2LT and 4 years as a 1LT before
promotion to captain.

9.  ROPMA further specifies that the officer must be serving in a position
requiring the higher grade or assigned to the Individual Ready Reserve or
an Individual Mobilization Augmentee position.  Promotion policy also
requires completion of the necessary military education (officer basic
course) and civilian education (baccalaureate degree).

10.  The ROPMA promotion boards for captains were administratively delayed.
 Presidential approval of the results of the pertinent promotion boards
were also administratively delayed.  Based on normal processing, they
should have been convened earlier and approved approximately 100 days after
the respective recess dates.  Based on normal processing, the 1997 RCSB,
which convened on 13 November and recessed 12 December 1997, should have
been approved on 22 March 1998.

11.  Army Regulation 135-100, in pertinent part, prescribes the policies,
procedures for the appointment of qualified members of the clergy for
assignment as chaplains.  This regulation provides that officers appointed
with 3 years or more but less than 7 years constructive service credit will
be appointed in the grade of first lieutenant.



DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
an adjustment to his promotion effective date and date of rank for captain
to 22 March 1998, the date final board action should have occurred had the
1997 RCSB been timely processed for promotion on or before his MYIG date.

2.  Although the applicant was selected for promotion to captain the first
time he was considered after the enactment of ROPMA, the untimely promotion
consideration and delay of his promotion created an injustice that should
now be corrected.

3.  The applicant was otherwise qualified for promotion to captain and met
all other prerequisites for promotion on 22 March 1998.

4.  The applicant was prevented from equitable promotion consideration,
unlike others in his grade in earlier and later year groups who were
considered before and after him, and was unjustly considered well after his
eligibility.  He was eligible for promotion consideration prior to his MYIG
date so that, if selected, he may have been promoted on or prior to his
MYIG date.  He was unjustly required to serve in grade beyond the 7 years
required by ROPMA and denied timely consideration.  The further delay for
promotion board proceeding preparation and processing for Presidential
approval compounded the unfair circumstances.  It is concluded therefore,
that had he been timely considered for promotion prior to his MYIG date,
and based on his first-time consideration/selection, a reasonable chance
would have resulted that he would have been selected and respectively
promoted on or before his MYIG date, and entitled to an earlier promotion,
DOR, and pay and allowances.

5.  The evidence of record shows the applicant was given 3 years
constructive service credit when he was appointed.  He was appointed in the
grade of first lieutenant based on the awarded credit in accordance with
pertinent regulations.  Therefore, the awarded constructive service credit
did not also entitle him to an adjustment to his date of rank for first
lieutenant.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SK___  __JTM___  __RLD __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by showing he was promoted to captain with an
adjusted promotion effective date and date of rank of 22 March 1998, with
entitlement to the pay and allowances in the higher grade on that date.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
an adjustment to his date of rank for first lieutenant.




                                  _      Stanley Kelley_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009560                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |Active duty                             |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.05                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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