IN THE CASE OF:	  

	BOARD DATE:	  08 May 2008

	DOCKET NUMBER:  AR20080001393 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his second-time non-selection for promotion to the rank of major be removed from his Official Military Personnel File (OMPF) in order for him to be considered for the Army Chaplaincy. 

2.  The applicant states, in effect, that he was unaware that he was non-selected for promotion the first time because he did not receive a notice of non-selection and he was in the Inactive Ready Reserve and was attending Seminary when he was not selected for promotion.  He goes on to state that he began attending seminary in January 2003 and was not informed of his non-selection until he began submitting his application for reentry into the Army as a chaplain.   

3.  The applicant provides no additional documents with his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a United States Army Reserve (USAR) second lieutenant on 14 May 1994 and at the time of his taking his oath he was advised that after accepting his appointment, any changes to his permanent home address of more than 30 days duration would be reported by him to the custodian of his military personnel records. 

2.  He entered active duty on 14 May 1994 as a second lieutenant in the Adjutant General Corps.  He subsequently accepted a Regular Army commission and was promoted to the rank of captain (CPT) on 1 June 1998.  

3.  On 22 July 1998, he was honorably released from active duty and was transferred to the USAR Control Group (Reinforcement) as a USAR captain (CPT).  He had served 4 years, 1 month and 23 days of total active service and his highest military education was completion of the officer basic course.  He was subsequently transferred to the USAR Control Group (Annual Training) and then to a Troop Program Unit (TPU) in Bowling Green, Kentucky.  

4.  On 1 July 2004, a memorandum was dispatched to the applicant’s address in Bowling Green, Kentucky that informed the applicant he had been non-selected for promotion to the rank of major by a Department of the Army Reserve Components Mandatory Selection Board that convened on 2 March 2004.  The letter also informed him that his records indicated that he had not completed the required civilian and/or military education needed for selection to the rank of major. 

5.  On 28 June 2005, a memorandum was dispatched to the applicant’s address in Somerset, Kentucky that informed him that he had again been non-selected for promotion to the rank of major by a Department of the Army Reserve Components Mandatory Selection Board that convened on 8 March 2005 and he was required to be discharged no later than 1 January 2006.

6.  However, his records also show that a subsequent letter was dispatched to the applicant informing him that a Selective Continuation (SELCON) Board had determined that he could be retained beyond his non-selection.  The applicant was required to accept or decline the offer and on or about 1 September 2005, officials at Human Resources Command – St. Louis (HRC-STL) received a response from the applicant declining SELCON.

7.  On 3 October 2005, orders were published by HRC-STL discharging the applicant from the USAR effective 1 January 2006.

8.  A review of the applicant’s records shows that both of the notifications of non-selection are filed in his Official Military Personnel File (OMPF).  His records also show that he updated his records regarding his address change in August 2004 and November 2007.  Additionally, there is no evidence to show that he ever enrolled or completed any portion of the Officer Advanced Course during his 
11 years of service.

9.  In the processing of this case a staff advisory opinion was obtained from the HRC-STL Reserve Components Promotions Branch which opines, in effect, that the applicant was not educationally qualified for promotion to the rank of major in his branch, that he had not applied for a change of his branch, and that the non-selections were legitimate and should remain.  Officials at the HTC-STL recommended that his request should be disapproved.

10.  The advisory opinion was provided to the applicant for comment and he responded to the effect that he did not receive his first non-select letter due to the fact that he was transitioning from secular employment in Franklin, Kentucky to full-time vocational ministry in Somerset, Kentucky.  He goes on to state that he was unaware that he was being considered for promotion while in the Inactive Ready Reserve and that he needed to continue his military education.  He also states that he was never informed that he should change his branch when he informed his losing command of his intentions to pursue a seminary degree.  He continues by stating that when he began his application process for Army Chaplaincy he was informed that his second non-selection for promotion was a disqualifier and he should apply to the Board.  He further states that it is his understanding that the Army is critically short of active duty chaplains, which troubles him because he is physically able and motivated to serve as an active duty Army chaplain.

11.  Army Regulation 135-155 provides policy and procedures for the selection and promotion of commissioned officers of the Army National Guard and the United States Army Reserve (USAR).  Chapter 2 of that regulation provides, in pertinent part, that in order for officers to qualify for selection, they must complete the educational requirements for promotion no later than the date the selection board convenes.  Education requirements for promotion to the rank of major is completion of an Officer Advanced Course.  Paragraph 2-15 provides that exceptions to nonstatutory promotion education requirements may be requested from the HRC- St. Louis, Office of Reserve Component Promotions and must contain complete justification, including recommendations from immediate commanders, when applicable.  In order to be eligible for a waiver, the officer must have completed at a minimum the non-resident portion of the course and be scheduled for the resident phase.  Such requests must be completed and approved before the board convenes.  

12.  Title 10, United States Code, Section 14513, provides in pertinent part, that officers will be discharged from their Reserve appointment or transferred to the Retired Reserve (if eligible) after being twice non-selected for promotion.

13.  Army Regulation 140-10 provides policy and procedures for assigning, attaching, removing and transferring USAR Soldiers.  It defines Ready Reserve Control Groups and the Selected Reserve.  Chapter Four of that regulation provides that the Individual Ready Reserve (IRR) consists of pre-trained individual Soldiers assigned to various control groups for control and administration who are available for mobilization in time of war or a national emergency declared by Congress.  The IRR Control Groups consists of the Annual Training, Reinforcement, Officer Active Duty Obligor and Dual Component Control Groups.     
           
DISCUSSION AND CONCLUSIONS:

1.  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.
 
2.  The applicant’s contention that he did not receive his first notification of non-selection because he was transitioning to another location has been noted and the sincerity of his contention is not in doubt.  However, it was the applicant’s responsibility to ensure that his mailing address was current in order that he could be contacted by Department officials.  Additionally, the applicant has access to his records on-line and a review of his records would have revealed a copy of the notification of non-selection as well as information regarding the conduct of boards.    

3.  While it is unfortunate that the applicant was not selected for promotion to the rank of major, it was incumbent on him to ensure that he attained the educational qualifications for promotion to the next higher grade.  He was promoted to the rank of captain in June 1998 and had not attained his educational qualifications by the time he was twice considered for promotion to the rank of major and was discharged in January 2006.

4.  Accordingly, it appears that he was properly discharged from the USAR in accordance with the applicable laws and regulations in effect at the time with no indication of any violations of the applicant’s rights.  Additionally, the applicant has failed to show through the evidence of record that he was improperly considered for promotion to the rank of major and there appears at this point to be insufficient basis to remove or invalidate his non-selections for promotion. 

5.  The applicant’s reasons for wanting to re-enter the service is admirable; however, it does not overcome the basis for the applicable regulations and laws in effect that govern the release and/or discharge of officers who are properly considered and twice non-selected for promotion.  Accordingly, there appears to be no basis to grant his request.      


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during his service.  The applicant and all Americans should be justifiably proud of his service in arms.





      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080001393



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ABCMR Record of Proceedings (cont)                                         AR20080001393



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