RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 March 2007
DOCKET NUMBER: AR20070002077
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. Gerard W. Schwartz
Acting Director
MR. Dean L. Turnbull
Analyst
The following members, a quorum, were present:
Mr. William F. Crain
Chairperson
Mr. Edward E. Montgomery
Member
Ms. Rea M. Nuppenau
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 that his enlistment contract with the Army National Guard be voided and that his Federal Recognition be extended to 17 July
2005, that he be transferred from the United States Army Reserve (USAR) to the Individual Ready Reserve (IRR), and that he be transferred from the IRR to the Tennessee Army National Guard (ARNG).
2. The applicant states, in effect, that he would like to void his enlistment contract so he can return to the ARNG as a commissioned officer in the grade of major.
3. The applicant provides a copy of his enlistment contract and a copy of his Army National Guard Retirement Points History Statement.
CONSIDERATION OF EVIDENCE:
1. The applicant served on active duty from 24 February 1985 to 28 August
1992 as an Air Defense Artillery (ADA) Officer and was transferred to the USAR. He had been promoted to captain effective 1 June 1989 and had completed the ADA Advanced Course in 1990.
2. On 10 June 1996, the applicant was informed he was nonselected for promotion to major by the Reserve Components Selection Board that convened on 12 March 1996.
3. On 13 May 1997, the applicant was appointed in the Chaplain Corps as a Chaplain Candidate in the grade of captain. The appointment order specified that he was to be appointed in the current grade held. On 13 May 1997, the applicant accepted the appointment.
4. On 29 August 2003, the applicant was discharged in the rank of captain for twice being considered but not selected for promotion to major, Chaplain Corps.
5. On 3 February 2004, the Army Board for Correction of Military Records (ABCMR) recommended that the applicant be considered by a Standby Advisory Board (STAB). Based on the ABCMR's approved recommendation, the applicant was selected for promotion to major under 1996 promotion criteria. The applicant's records contain orders which promoted the applicant to major effective in 1996 as a result of that selection.
6. The applicant enlisted in the Tennessee ARNG in pay grade
E-5 on 20 January 2004.
7. In a conversation between the staff of the Board and the Chaplain Promotion Branch, U.S. Army Human Resources Command, St. Louis, Missouri, it was determined that if any applicant had been a major at the time of his reappointment to the Chaplain Corps, he would have been accepted as a Chaplain Candidate in the grade of major only if he had met the Chaplain Board's criteria at that time. This criteria changes yearly.
8. Army Regulation 135-155 provides the policy for promotion of Reserve Component offices. This regulation also provides that an officer twice not selected for promotion to major will be separated not later than the first day of the seventh month after the month in which the final approval authority approves the report of the board.
9. Title 10, United States Code, section 2621(b) states, in pertinent part, that no person may be a member of more than one Reserve Component at a time.
DISCUSSION AND CONCLUSIONS:
1. Based on the approved recommendation of the ABCMR, the applicant was selected for promotion to major under 1996 promotion criteria. At that time the applicant was an ADA Corps officer.
2. Therefore, the applicant was properly promoted to major effective 1996 in the ADA, as evidenced by orders in his military records.
3. However, when the applicant was appointed as a captain in the Chaplain Corps, that appointment terminated his status as an ADA major.
4. Since there is no evidence to show that the Chaplains Board would have accepted the applicant as a major as a chaplain candidate, a presumption of regularity must be applied to his appointment as a captain in the Chaplain Corps. Therefore, all subsequent personnel actions concerning the applicants status in the ARNG, including his discharge on 23 August 2003 and his enlistment in the ARNG, are also assumed to have been proper.
5. In summary, the applicant was promoted to major, ADA, based on the approved recommendation of the ABCMR. His commission as an ADA officer was terminated when he was appointed in the Chaplain Corps. His appointment as a captain in the Chaplain Corps and his two nonselections for promotion to major, Chaplain Corps, appears proper and just. Since his separation as a
captain, Chaplain Corps is proper, there is no reason to void his enlistment in the ARNG or to transfer him to the IRR and to transfer him from the IRR to the Tennessee ARNG.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___rmn__ ___eem _ ___wfc__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.
_________William F. Crain_________
CHAIRPERSON
INDEX
CASE ID
AR20070002077
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070308
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
ARMY | BCMR | CY2003 | 2003083549C070212
Effective 29 August 2003, the applicant was discharged from the USAR based on his nonselections for promotion. The regulation in effect at the time provided for standby advisory boards (STAB) in those cases where an officer was eligible for consideration and whose records were not submitted for review and for officers whose records contained material error when viewed by the board. BOARD DETERMINATION/RECOMMENDATION:
ARMY | BCMR | CY2002 | 2002075153C070403
The applicant requests that his nonselections for promotion to major by the 1998 and 1999 Reserve Components Selection Board (RCSB) be removed from his records. On 2 August 1998, the Office of Promotions, Reserve Components, PERSCOM, issued a memorandum notifying the applicant, through the Mississippi ARNG, that he had been considered and not selected for promotion to major based on the lack of required military education by a board that convened on 9 March 1998. BOARD...
ARMY | BCMR | CY2004 | 20040000143C070208
The applicant was twice considered for promotion to captain but not selected. Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) provides guidance on the eligibility criteria for appointment of Reserve officers. Army Regulation 135-175 states, in pertinent part, that officers in the grade of first lieutenant, captain, or major, who completed their statutory military obligation, will be discharged for failure to...
ARMY | BCMR | CY2002 | 2002069937C070402
The applicant’s military records show that he served as an enlisted member of the Army National Guard in Pennsylvania and then New Jersey, from 24 April 1980 through 26 June 1987. The applicant was correctly discharged according to regulation and law for two-time nonselection for promotion to CPT and is not eligible to be reinstated in the Reserve as an officer beyond the correction date of 12 February 2001 above, although he may be eligible to enlist which can be determined by the...
ARMY | BCMR | CY2011 | 20110020082
His records do not contain the promotion orders showing the promotion date. He provided a memorandum he submitted to the U.S. Army Reserve Personnel Command, St Louis, MO, Office of Promotions, Reserve Components, dated 11 June 1999, requesting reconsideration for promotion to CPT. He provided a memorandum he received from an official at the USAR Personnel Command, St Louis, MO, Office of Promotions, Reserve Components, dated 3 November 1999, stating this memorandum was in response to his...
ARMY | BCMR | CY2010 | 20100014395
The applicant requests correction of his military records to show he was appointed as a chaplain in the rank/grade of captain (CPT)/O-3 effective 8 March 1998 with a date of rank of 23 May 1995; to adjust his effective date and date of rank for major (MAJ)/O-4 to 23 May 2002; and to have his records considered by a Special Selection Board (SSB) for promotion to lieutenant colonel (LTC)/O-5, under the 2007 criteria. The applicant requests correction of his military records to show he was...
ARMY | BCMR | CY2003 | 2003083371C070212
The applicant was informed that, since the records showed that he had declined promotion to major, his promotion to major had been adjusted to 1 October 1985 and his name was removed from the 1989 and 1990 promotion board results. There is no evidence of record, or evidence provided by the applicant or counsel, that a promotion memorandum was ever issued for LTC. The evidence of record clearly shows that the applicant is not entitled to any of these claims and this Board specifically...
ARMY | BCMR | CY2003 | 2003091205C070212
The applicant requests, in effect, promotion consideration to major under the criteria 1998 through 2000 by a United States Army Reserve (USAR) promotion board and promotion to major in the USAR. The Office of Promotions, Reserve Components, verified the applicant is currently still in an active duty status and has been considered and selected for promotion to major by a active duty promotion board. The regulation further specifies that an officer who has an established date for removal...
ARMY | BCMR | CY2005 | 20050011572C070206
On 27 November 1996, the ABCMR approved the recommendation to correct his record to show he was selected for promotion to major under the 1993 criteria by a special selection board (SSB) that adjourned on 12 August 1996 and void his discharge. The HRC, St. Louis, issued a Notification of Promotion Status memorandum, dated 22 March 2004, advising the applicant of his non- selection for promotion to lieutenant colonel by a SSB under the 2001 year criteria. Notwithstanding the NGB advisory...
ARMY | BCMR | CY2006 | 20060009121C070205
At the time of his selection for promotion to major on 5 March 1991, he was an ARNG officer. The applicant was considered and not selected for promotion to major while on active duty. The applicant should have been considered for promotion to major by a mandatory Reserve promotion board one year after the date of his transfer to the IRR in 1994 and again in 1995.