RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070007135 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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:

	a.  correction of her date of rank (DOR) for appointment as a Major (MAJ/O-4), Army Chaplain Corps (CH), to account for her prior US Army Reserve (USAR) promotion to MAJ on 2 October 1997; and 

	b.  correction of her DOR to Lieutenant Colonel (LTC/O-5) to 2 October 2004.

2.  The applicant states, in effect, the 25 February 2002 memorandum that appointed her as a MAJ, CH, with a DOR of 26 February 2002 did not credit her with 9 years, 6 months, and 22 days of prior active commissioned service.  It was not until 8 June 2006 that the US Army Human Resources Command (AHRC), St. Louis, MO corrected her DOR as a MAJ; this caused a delay in her consideration for promotion to LTC.

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 July 1995 and 23 August 1996.

b.  U.S. Total Army Personnel Command (now known as HRC), St. Louis, Missouri, Memorandum, dated 2 October 1997, announcing the applicant’s promotion.

	c.  U.S. Total Army Personnel Command (now known as HRC), St. Louis, Missouri, Memorandum, dated 25 February 2002, appointing her as a Reserve commissioned officer, in the Chaplains Corps.

	d.  HRC-St. Louis, Missouri, Orders B-05-703359, dated 7 May 2007, promotion order to LTC/O-5.

	e.  ARPC Form 249E (Chronological Statement of Retirement Points), dated 12 June 2006.





CONSIDERATION OF EVIDENCE:

1.  The applicant entered the US Army Reserve (USAR) Delayed Entry Program (DEP) on 22 November 1985.  On 20 January 1986, she was separated from the DEP and appointed in the Regular Army (RA) as a Second Lieutenant (2LT/O-1), Transportation Corps (TC).

2.  The applicant was promoted in the RA to First Lieutenant (1LT/O-2) on 20 July 1987 and to Captain (CPT/O-3) on 1 July 1990.  On 1 July 1995, she was honorably discharged under the provisions of Army Regulation 635-120, chapter 3, by reason of early release under the voluntary separation incentive program.  Her DD Form 214 shows she had 9 years, 5 months, and 12 days of creditable active Federal service and 1 month and 28 days of prior inactive service (in the DEP).

3.  Public Law 102-190, National Defense Authorization Act for Fiscal Year 1992/1993 dated 5 December 1991, authorized the administration and payment of separation incentive pay to certain mid-career service members of the Armed Forces in over-strength specialties to encourage them to leave active duty voluntarily so as to minimize involuntary separations and to shape the force during the drawdown of the active force.  Specifically, an Army officer on active duty on or after 5 December 1991 was eligible to apply for voluntary separation under the provisions of Army Regulation 635-120 or Army Regulation 635-100 and the Voluntary Separation Incentive Program (VSIP) if that officer met certain criteria.  The VSIP consisted of two major monetary separation incentives – the Voluntary Separation Incentive (VSI) and the Special Separation Benefit (SSB).  Officers approved for VSI must have been appointed, or transferred to the Ready Reserve for the entire period they received VSI annual payments.  The applicant was authorized to receive annual VSI payments of $8,764.31 for 18 years.

4.  The applicant was appointed as a Reserve commissioned officer on 1 July 1995 in the grade of CPT, TC.  She executed her oath of office on 2 July 1995. 

5.  On 3 October 1995, AHRC published Orders C-10-556258 assigning the applicant to the USAR Control Group (Officer Active Duty Obligor, or OADO) effective 16 September 1995.

6.  On 2 October 1997, AHRC notified the applicant by memorandum of her selection for promotion to MAJ with an effective date of 2 October 1997 and a DOR of 27 August 1997.

7.  The applicant began attending Divinity School in order to obtain a graduate degree in the practice of a religious ministry.  On 5 June 1999, she received a Master of Divinity (Mdiv) Degree.  On 23 November 2001, she submitted an application for appointment as a USAR officer in the Army Chaplain Corps.

8.  By memorandum dated 25 February 2002, AHRC notified that the applicant that she was appointed as a Reserve commissioned officer in the grade of MAJ for an indefinite term in the Army Chaplain Corps.  The memorandum also stated that, if the applicant was credited with years of service in an active status, the number of years, months, and days would be shown after Item "D" on the memorandum; there was no entry after Item "D."  The applicant executed her oath of office on 26 February 2002.  The following day she was released from the USAR Control Group (OADO) and assigned to the USAR Control Group (Reinforcement) as a MAJ with a DOR of 26 February 2002.

9.  On 30 November 2003, the applicant was reassigned from the USAR Control Group (Reinforcement) to the USAR Control Group (Active Guard Reserve, or AGR), St. Louis, MO, with attachment to Headquarters, 3rd Recruiting Brigade, Fort Knox, Kentucky, as a Chaplain Recruiter.  On 2 June 2006, the applicant was reassigned as Deputy Command Chaplain to the USAR Medical Command (AR-MEDCOM), Pinellas Park, Florida.

10.  On 24 August 2006, the applicant sought and was granted a military education waiver in preparation for the Fiscal Year (FY) 2007 Lieutenant Colonel, Reserve Component (RC), Chaplains, Selection Board.  Promotion zone officers consisted of all Reserve of the Army Chaplain Corps Majors with a date of rank (DOR) of 1 April 2001 to 31 March 2002.  The applicant was considered “in the promotion zone.”

11.  On 20 February 2007, AHRC-St. Louis verified a DOR correction showing the applicant's DOR as a MAJ as 27 August 1997, with promotion eligibility to LTC as 26 August 2004.

12.  On 3 May 2007, the results of the FY07 LTC, RC, Chaplains, Selection Board were officially released.  The applicant was selected for promotion to LTC. On 7 May 2007, AHRC-St. Louis, published Orders B-05-703359 announcing the applicant's promotion to LTC in the USAR Control Group (AGR) with an effective date of 17 April 2007 and a DOR of 26 August 2004.



13.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR).  It also prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as Chaplains.  It specifically states that for former officers without prior service as Chaplains, entry grade and date of rank will be determined by the entry grade credit awarded on appointment.  The entry grade credit awarded will be the sum of the prior commissioned service allowed.  Prior active commissioned service credit will be awarded on the basis of 1 year for each year served; however, total entry grade credit granted will not exceed that which the person needs to receive an entry grade of MAJ [emphasis added]. The DOR of an officer commissioned in the Reserve of the Army and appointed to the Chaplain Branch will be determined by the entry grade credit awarded on appointment.

14.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other then General Officers) prescribes policy for selecting and promoting commissioned officers of both the Army National Guard of the United States (ARNGUS) and the USAR, and warrant officers of the USAR.  This regulation also covers promotion eligibility and qualification requirements, board schedules and procedures, and procedures on processing selection board recommendations.  It provides, in pertinent parts:

	a.  Paragraph 2-8 states commissioned officers must complete the military educational requirements not later than the day before the selection board convene date.  Promotion to LTC requires completion of 50 percent of the Command and General Staff Officers Course (CGSOC) or equivalent.

	b.  Paragraph 4-11 states that an officer who has been recommended for promotion to the next higher grade must meet the requirements listed below before being promoted in the Reserve Components.  The officer must:

(1)  Be on the Reserve Army Selection List serving in an active      status; 
(2)  Be in the zone of consideration as appropriate; 
(3)  Be medically qualified; 
(4)  Have undergone a favorable security screening; 
(5)  Meet standards of the Army Body Composition Program (AR 600-9); 
(6)  Be a satisfactory participant (attend unit drills).

	c.  Paragraphs 4-12 and 4-13 state that each Ready Reserve officer is required to undergo a medical examination in accordance with Army Regulation 40-501 (Standards of Medical Fitness) at least once every 5 years.  A partial or temporary physical disability resulting from a disease, wound, or injury will not disqualify an officer for promotion.  Additionally, promotion authorities will ensure that a favorable security screening is completed before announcing a promotion.

	d.  Paragraph 4-15 states, in pertinent part, that the effective date of promotion for commissioned officers (except commissioned warrant officers) may not precede the date on which the promotion memorandum is issued.  The promotion memorandum is not issued before the date the promotion board results are approved and confirmed by the Senate (if required). In addition, the officer must already be assigned/attached to a position in the higher grade or, if an IRR/IMA officer selected by a mandatory promotion board, have completed the maximum years of service in grade in the current grade.

	e.  Paragraph 4-15 states that the effective date of promotion may not precede the date of the promotion memorandum.  An officer is promoted after selection if all qualifications for promotion are met.  When an officer does not meet the qualifications for promotion, the effective date of promotion will not be earlier than the later date all qualifications are met. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant is a LTC; her issues relative to her DOR as a MAJ, CH, require no further action.  Pertinent regulations provide that total entry grade credit granted will not exceed that which is required to receive an entry grade of MAJ.  The applicant was appointed as a MAJ, CH so she was not disadvantaged by a failure to adjust her DOR.

2.  When AHRC-St. Louis did, in 2006, adjust the applicant's DOR as a MAJ, it established her promotion eligibility to LTC as 26 August 2004.  However, the applicant was not promotion eligible because she lacked the necessary military educational requirement until she received a waiver on 24 August 2006, just prior to the convening of the FY07 LTC, RC, Chaplains, Selection Board.

3.  The applicant was selected by the FY07 LTC, RC, Chaplains, Selection Board and given an adjusted DOR of 26 August 2004.  This adjusted DOR was computed based on her adjusted DOR to MAJ of 27 August 1997, plus 7 years time in grade for promotion from MAJ to LTC.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__kan___  __jam___  __sap___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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.




							Kathleen A. Newman
______________________
          CHAIRPERSON












INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.