RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060007585


      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:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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, in effect, adjustment to his reappointment date
in the United States Reserve (USAR), Chaplain Branch from 31 March 2006 to
1 October 2005 and promotion consideration to major by a special selection
board (SSB) under the 2006 year criteria.

2.  The applicant states, in effect, that he was discharged from active
duty on 30 September 2005 and accessioned into the Active Guard Reserve
(AGR) Program on 1 October 2005.  He submitted his promotion file to the 28
February 2006 chaplain major promotion board, but was not considered for
promotion because he did not have a Reserve commission.  He needs the 6
months of service from 1 October 2005 to 31 March 2006 added to his time in
service for promotion consideration by a SSB under the 2006 year criteria.
He was accessioned into the AGR Program at the time when the scroll issues
(i.e., active to the USAR) were still in transition.  Therefore, he was not
properly scrolled and did not have a Reserve commission when the 2006
Chaplain Major Promotion Board convened on 28 February 2006.  He was
approved on a scroll dated 30 March 2006.  He received an appointment
letter for a Reserve commission on 31 March 2006 and completed a DA Form 71
(Oath of Office) on 31 March 2006.

3.  The applicant provides copies of his AGR active duty orders; his
amended orders; his DD Form 214 (Certificate of Release or Discharge from
Active Duty); his appointment memorandum; his DA Form 71 (Oath of Office –
Military Personnel); and a memorandum from the Assistant Chief of Chaplains
for Mobilization and Readiness, Office of the Chief of Chaplains,
Washington, DC, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
Minnesota Army National Guard (MNARNG), as a second lieutenant, effective
19 August 1991, with prior enlisted service.  He was promoted to first
lieutenant effective 18 August 1994.

2.  The applicant was appointed in the Wisconsin (WI) ARNG, as a first
lieutenant, effective 1 September 1994.  He was separated from the WIARNG
effective 22 August 1996 and transferred to the USAR.

3.  The applicant was appointed in the USAR, Chaplain Branch, as a captain,
effective 22 November 1996.  He was issued Orders Number A-11-004123, dated
26 November 1996, for a 3 year period of active duty.  He entered on active
duty effective 9 February 1997.

4.  The applicant was separated from active duty, in the grade of captain,
for non-selection of permanent promotion, effective 30 September 2005.  His
DD Form does not show he was transferred to the USAR, AGR Program.

5.  The applicant was issued Orders Number R-09-578777, dated 1 September
2005, ordering him to active duty in an AGR status, as a captain, with a
reporting date of 1 October 2005.  The orders stated he had an active duty
commitment of 3 years for the purpose of serving as a Chaplain Recruiter.

6.  On 1 October 2005, the applicant was not reappointed in the USAR upon
entry in an AGR status.

7.  The applicant was issued Orders R-09-578777A01, dated 15 September
2005, amending Order Number R-09-578777 changing his home of record
address.

8.  The applicant was appointed in the USAR, Chaplain Branch, as a captain,
effective 31 March 2006.  He executed an oath of office for appointment in
the USAR on the same date.

9.  The applicant's appointment memorandum stated that his appointment was
approved by the Secretary of Defense on 30 March 2006.  The memorandum also
stated that he was being appointed in the highest grade held.  His de-facto
appointment date was 1 October 2005, his date of rank and pay entry basic
date were to be adjusted to the permanent Reserve reappointment date of 31
March 2006.  His break in service was from 1 October 2005 to 31 March 2006.

10.  In a memorandum, dated 11 July 2006, the Assistant Chief of Chaplains
for Mobilization and Readiness, Office of the Chief of Chaplains,
recommended the applicant be approved for a time in service adjustment and
the opportunity to go before a SSB.  Both actions are firmly in the best
interest of the Army.  He also stated that the applicant left active duty
on 30 September 2005 and transferred to the USAR AGR Program on 1 October
2005.  In that process a "proper" Reserve appointment was not done,
probably due to the lack of understanding of bureaucratic policies than
anything else.  It is his opinion that the applicant was caught up in
changing business processes that brought individuals from active to Reserve
components, i.e., requirements from scrolling and documentation were
changing during that period.

11.  The Assistant Chief of Chaplains also stated that the applicant very
proactively self-identified his situation long before the convening of the
2006 promotion board in a strong good-faith effort to get his files,
records, and documentation corrected.  The applicant is serving with
distinction in his current position as a USAR Recruiting Chaplain assigned
to the US Army Recruiting Command.  Unless he can get another promotion
consideration through a SSB, he will have to wait until Spring 2008 to be
considered for promotion again.

12.  In an advisory opinion, dated 21 June 2006, the Chief, Special Actions
Branch, Office of Promotions, Reserve Components, Human Resources Command
(HRC), St. Louis, Missouri, stated information from the database reflected
the applicant was discharged from active duty on 30 September 2005 and
given no military status.  On 1 October 2005, the same database states the
applicant had a voluntary transfer to the Active Guard Reserve Program.
The applicant was originally identified to the 2006 K2 Major Chaplain
Selection Board and then deleted.  Research by the Chief, Office of
Promotions and the Command Chaplain, revealed the following facts:  The
officer was not on the Department of Defense approved Chaplain Appointment
Scroll until 30 March 2006 (after the promotion board), his regular
appointment was revoked, and he was not reappointed as a Reserve Army
officer.

13.  The HRC official also stated that based on the applicant's appointment
letter, he was reappointed to the highest grade held, his de-facto
appointment date was 1 October 2005, and he had a break in service from 1
October 2005 to 31 March 2006, resulting in his date of rank being adjusted
to 31 March 2006.  The applicant was not in an active status at time of the
2006 promotion board.  The applicant must have been on the Reserve Active
Status List (RASL) for a period of one year before being considered for
promotion.  In view of the facts, it was recommended that the application
be denied.

14.  In an advisory opinion, dated 28 July 2006, the Chief, Reserve
Appointments, HRC, St. Louis, stated that the applicant was discharged from
active duty on 30 September 2005, which meant he no longer held an
appointment as of 1 October 2005 and he needed to be reappointed as a USAR
officer.  Pursuant to Executive Order (EO) 13358, dated 30 September 2004,
no individual could be reappointed as a USAR officer without written
approval and inclusion on a scroll signed by the Secretary of Defense.  The
applicant was not approved on a scroll until 30 March 2006.  Consequently,
his reappointment could not be effective until 31 March 2006.  Even though
the applicant acted in good faith and was not responsible for the break in
service, the Reserve appointments office cannot administratively correct
the current appointment date. Since the applicant had already been issued a
"de-facto" appointment, there was nothing further that office could do per
EO 13358.

15.  The advisory opinion was forwarded to the applicant for
acknowledgement and/or rebuttal on 30 August 2006.  He responded indicating
he had no rebuttal.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is entitled to
correction to his records to show he was reappointed in the USAR, Chaplain
Branch, as a captain, effective 1 October 2005.

2.  The evidence of record shows the applicant was issued orders on
1 September 2005, accessioning him into the USAR AGR Program with a
reporting date of 1 October 2005.  He was separated from active duty
effective 30 September 2005.  On 1 October 2005, he was assigned to his
current USAR position as a Recruiting Chaplain.  His name was placed on an
approved scroll for reappointment on 30 March 2006 and he was reappointed
in the USAR on 31 March 2006.  He was given de facto status from 1 October
2005 to 31 March 2006 and a date of rank and pay entry basic date of 31
March 2006.

3.  The applicant was not processed, pursuant to reappointment policies,
for reappointment in the USAR on 1 October 2005.  Even though he began
serving in an active Reserve status in his current position/assignment on
that date, written approval and inclusion on a scroll signed (approved) by
the Secretary of Defense was required.  Due to circumstances beyond the
applicant's control, written approval and inclusion on an approved scroll
was not received until approximately 6 months after he entered into the
USAR AGR Program.  This delay denied the applicant equitable reappointment
on 1 October 2005.

4.  The Assistant Chief of Chaplains supports the applicant's efforts and
his continued service while in a de facto status and considers him fully
qualified for selection for promotion to major.  Therefore, based on the
circumstances presented and as a matter of equity in this case, the
applicant's records should be corrected to show he was reappointed on 1
October 2005 and in an active status at the time of the 2006 promotion
board.  Therefore, he should be considered for promotion to major by a SSB
under the 2006 criteria and his records should be submitted for appropriate
SSB consideration for this purpose.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

__RDG__  ___JCR _  _MMD___  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected:

      a.  by showing he was reappointed in the United States Army Reserve,
Chaplain Branch, as a captain, effective 1 October 2005, with no recoupment
of pay and allowances already received; and

      b.  by submitting his records to a duly constituted special selection
board, as deemed appropriate, for promotion consideration for major under
the 2006 year criteria.

2.  That, if selected, his records be further corrected by showing he was
promoted to major on his date of eligibility, as determined by appropriate
Departmental officials, using the 2006 year criteria, provided he was
otherwise qualified and met all other prerequisites for promotion.

3.  That if not selected, the applicant be so notified.




                                  ______Melinda M. Darby______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007585                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |131.00                                  |
|2.                      |131.01                                  |
|3.                      |131.10                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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