IN THE CASE OF:	  

	BOARD DATE:	  14 August 2008

	DOCKET NUMBER:  AR20080006905 


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 notification of second non-selection for promotion be removed from his military records.  

2.  The applicant states, in effect, that he did not meet the educational requirement because he was enrolled as a chaplain candidate in the Individual Ready Reserve (IRR).  He desires to pursue active duty in the Army Chaplaincy at this time, with 18 years of parish experience.

3.  The applicant provides a memorandum, Subject:  Notification of Promotion Status, dated 9 May 1996.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, 
has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was appointed a second lieutenant, Staff Specialist, in the U. S. Army Reserve (USAR) effective 15 May 1987.  His application for appointment indicated he had a Bachelor of Arts degree in Religion and a Master of Arts degree in Theology.

3.  The applicant completed a 1-month (24 January through 26 February 1988) Chaplain Candidate Course on 26 February 1988. 

4.  The applicant completed the resident phase (17 July through 1 September 1988) of the Chaplain Officer Basic Course, Phase II, on 1 September 1988.

5.  The applicant completed a 3-week (14 July through 11 August 1990) internship on 11 August 1990.

6.  The applicant was promoted to first lieutenant, Staff Specialist, on an unknown date.

7.  By memorandum dated 1 March 1994, the applicant was notified that he had been selected for promotion to the next higher grade (i.e., captain), Staff Specialist, with a promotion eligibility date of 13 May 1995.  

8.  Records at the U. S. Army Human Resources Command, Office of Promotions, Reserve Components, indicate the applicant was reappointed as a Chaplain on 18 April 1994.  Since the captain promotion board from which he was selected for promotion was not approved until 11 May 1994, the applicant was no longer eligible for the promotion to captain (i.e., since he was selected for promotion as a Staff Specialist and by 11 May 1994 he was a Chaplain).

9.  By memorandum dated 29 April 1994, the applicant was assigned to the USAR Control Group (Reinforcement) in the rank of first lieutenant, Chaplain Branch, by reason of acceptance of appointment in the USAR (apparently, his acceptance of appointment as a Chaplain).  

10.  By memorandum dated 9 May 1996, the applicant was notified that he was considered for promotion to the next higher grade (i.e., captain) but was not recommended for promotion.  The memorandum did not indicate that he had not completed the required civilian and/or military education.  

11.  By memorandum dated 23 June 1997, the applicant was notified that he was considered for promotion to the next higher grade (i.e., captain) but was not recommended for promotion.  The memorandum did not indicate that he had not completed the required civilian and/or military education.  He was informed that he must be discharged no later than 1 January 1998 unless he was eligible for and requested transfer to the Retired Reserve.  

12.  The applicant’s discharge orders are not available.

13.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), Table 2-2, states a resident officer basic course is required to be eligible for promotion to captain.  

14.  Title 10, U. S. Code, section 14504 states that a first lieutenant on the Reserve active-status list who has failed of selection for promotion to the next higher grade for the second time and whose name is not on a list of officers recommended for promotion to the next higher grade shall be (1) transferred to an inactive status if the Secretary concerned determines that the officer has skills which may be required to meet the mobilization needs of the officer’s armed force; (2) transferred to the Retired Reserve if qualified and does not request not to be transferred to the Retired Reserve; or (3) discharged, not later than the 1st day of the 7th calendar month beginning after the month in which the President approves the report of the board which considered him for the second time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was not promoted because he did not meet the educational requirement because of his status as a chaplain candidate has been carefully considered.

2.  The applicant had completed a Master’s degree prior to appointment; therefore, it does not appear that a lack of civilian education was the reason for his non-selection for promotion.  He had completed a resident phase of the Officer Basic Course; therefore, it does not appear that a lack of military education was the reason for his non-selection.  

3.  In addition, neither the applicant’s first nor his second non-selection letter indicated that the lack of the appropriate education was the reason for his non-selection.  The lack of the appropriate education is the only time that the reason for non-selection will be indicated on a non-selection letter.

4.  While the applicant’s records contain several academic evaluation reports, it is noted that he had no officer evaluation reports filed in his records.  If the lack of those reports in his records is not an error (and it would have been his responsibility to ensure his records were up-to-date), it is possible that he may not have been competitive with his peers, thus causing his non-selection for promotion.  Because of his two-time non-selection for promotion, he was statutorily required to be discharged.

5.  There is insufficient evidence that would warrant granting the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  __xx____  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.




 _   _______xxxx_____________
       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)                                         AR20080006905





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006905



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1