IN THE CASE OF:	

		BOARD DATE:	  25 February 2010

		DOCKET NUMBER:  AR20090012799 


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, in effect, that his date of rank (DOR) to captain (CPT) be adjusted to 29 May 2008.

2.  The applicant states, in effect, that his Army Physical Fitness Test (APFT) failure record was not correct in July 2008, and as a result he was not promoted to CPT.  He also states that his correct first lieutenant (1LT) DOR of 29 May 2006 was not reflected in his Official Military Personnel File (OMPF) until February 2009, and as a result, his CPT DOR should have been established as 29 May 2008 instead of 24 June 2009.  

3.  The applicant provides the following documents in support of his application:  United States Army Human Resources Command, St. Louis, Missouri (HRC-St. Louis) Memoranda, dated 27 February 2009 and 14 November 2008; Office of the Chief of Chaplains Memorandum, dated 20 May 2008; United States Army Chaplain Center and School Diploma; DA Form 1059 (Service School Academic Evaluation Report); DA Form 705 (Army Physical Fitness Test Scorecard); DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 2088 (Statement of Ecclesiastical Endorsement); 96th Sustainment Brigade, Orders Number 09-103-00060, dated 13 April 2009; and Certification of Naturalization.


CONSIDERATION OF EVIDENCE:

1.  On 29 May 2008, the applicant was appointed a Reserve commissioned officer in the United States Army Reserve (USAR), Chaplain (CH) Corps, in the rank of 1LT, with a date of rank of 29 May 2006.  At the time of his appointment, he was credited with 4 years of constructive service.  Based on the applicant's 1LT DOR his minimum time in grade (MTIG) date for promotion to CPT was established as 29 May 2008.

2.  On 31 July 2008, the applicant was placed under a suspension of favorable personnel actions (FLAG) for failure of his APFT.

3.  The applicants Official Personnel Military File (OPMF) contains a DA Form 1059, dated 12 December 2008, which shows he completed the CH Basic Officer Leadership Course (BOLC) Phase I, II, and III on 12 December 2008.  

4.  In March 2009, the Office of the Chief of Chaplains (OCCH) administrative board reviewed and recommended the applicant for promotion to CPT.  

5.  On 11 June 2009, the March 2009 OCCH board was approved.

6.  On 24 June 2009, the applicant's FLAG was removed.

7.  HRC-St. Louis Orders B-07-905261, dated 23 July 2009, promoted the applicant to CPT, effective and with a DOR of 24 June 2009.

8.  On 11 November 2009, an advisory opinion was obtained from the Chief, Special Actions Branch, HRC-St. Louis.  This official stated that prior to promotion to CPT as a CH an officer must be certified by the OCCH as to his eligibility for promotion.  He states that the applicant was recommended for promotion by the OCCH board in March 2009, and this board was approved on 11 June 2009.  However, the applicant was FLAGGED due to failure of his APFT until 24 June 2009.  As a result, he was promoted to CPT with an effective DOR of 24 June 2009, the date the FLAG was removed.  This official recommended the applicant's case be referred to the OCCH for further determination.


9.  On 9 December 2009, an advisory opinion was obtained from the Personnel Management Officer, OCCH.  This official stated that USAR promotion to CH CPT is conducted via a review in lieu of a centralized board by the OCCH, that the recommendation for promotion must go through the same process as a centralized board, and that the final approved list is released approximately 
3 months after the review.  He also stated that the OCCH is authorized up to three reviews a year and that in fiscal year 2009 reviews were conducted in October 2008, March 2009, and June 2009.  He further states that in accordance with Army Regulation 135-155, table 2-2, completion of the CH BOLC is required for promotion to CPT.  The applicant did not complete the required CH BOLC until 12 December 2008.  Therefore he was not eligible for review until the March 2009 OCCH board, and as a result his DOR to CPT of 24 June 2009 is correct.   

10.  On 10 December 2009, the applicant was provided a copy of the OCCH advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply.

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) prescribes policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard of the United States (ARNGUS) and the commissioned and warrant officers of the USAR.  Table 2-1 establishes the time in grade requirement for officer promotions and it states, in pertinent part, that the minimum time in grade for promotion to CPT is 2 years in the lower grade and Table 2-2, stipulates completion of OBC (i.e., BOLC).

12.  Paragraph 4-11c states an officer's promotion will be delayed when under suspension of favorable personnel actions for APFt failure.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOR to CPT should be adjusted to 
29 May 2008 was carefully considered.  However, there is insufficient evidence to support this request.  

2.  By regulation, before being promoted to CPT a RC officer must have a minimum of 2 years TIG and completed BOLC.  The evidence of record confirms the applicant was FLAGGED on 31 July 2008 as a result of his APFT failure and the FLAG was not removed until 24 June 2009.  Further, the record shows he did not complete the BOLC requirement until 12 December 2008, so his earliest opportunity for promotion review was in March 2009, which would have been, and was, approved and released in June 2009.  
3.  In view of the facts of this case, the applicant was not eligible to be reviewed for promotion until he completed BOLC, so he was appropriately considered and selected for promotion during the first review conducted after his completion of BOLC in March 2009.  The selections from the March 2009 review were approved and released in June 2009, and the applicant was appropriately promoted on 24 June 2009, the date his FLAG was removed.  He provides no evidence to show the flag was improperly imposed.  Therefore, there is no apparent error or injustice related to his CPT DOR and as a result, there is an insufficient evidentiary basis to support granting the requested relief. 

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

___X___  ___X____  ____X___  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.



      _______ _   _X______   ___
               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)                                         AR20090012799



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ABCMR Record of Proceedings (cont)                                         AR20090012799



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