IN THE CASE OF:	  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110020082 


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 correction of his records to restore his rank to first lieutenant (1LT)/O-2 or captain (CPT)/O-3 and provide him back pay from the year 2000.

2.  The applicant states he was in the Chaplain Candidate program while serving in the Individual Ready Reserve (IRR) and attending graduate school for 4 years.  During the summer he would be activated to train at an Army base.  He was told not to worry about getting promoted to CPT because he was exempted from going to the promotion board while he was in a school status and in the IRR.

3.  The applicant provides:

* various correspondence to and from his Member of Congress
* fax coversheet 
* three memoranda
* letter, dated 3 November 1999

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 enlisted in the U.S. Army Reserve (USAR) on 6 April 1983.  He entered active duty for training (ADT) on 19 May 1983 and completed training for military occupational specialty 92C (Petroleum Specialist).  He was released from ADT on 11 October 1983 and returned to his unit of assignment.  

3.  Orders Number 160-46, issued by the Department of Military Affairs, State of Illinois, Camp Lincoln, IL, dated 17 August 1990, appointed him as a Signal Corps (SC) second lieutenant (2LT) in the Illinois Army National Guard (ILARNG), on 18 August 1990, in military specialty 25A (Signal Corps).  

4.  On 18 August 1990, he executed an Oath of Office as a Reserve commissioned officer in the ILARNG in the rank of 2LT.  This Oath of Office indicated that he had received temporary Federal recognition.

5.  On 19 September 1990, the National Guard Bureau (NGB) published Special Orders Number 182-AR extending him Federal recognition for his initial appointment, effective 18 August 1990, in the rank of 2LT.

6.  On 29 January 1991, the U.S. Army Personnel Reserve Command, St Louis, MO, issued him an appointment memorandum appointing him as a Reserve commissioned officer for an indefinite term.

7.  On 26 March 1991, he executed an Oath of Office as a Reserve commissioned officer in the ILARNG, in the rank/grade of 2LT.

8.  His records contain an Officer Evaluation Report (OER) covering the period of 18 August 1990 through 17 August 1991.  This report shows he was assigned to the 1st Battalion, 123rd Infantry, ILARNG, in the rank of 2LT.  It also shows:

* his performance during the rating period met but did not exceed the requirements
* his rating chain felt he should be promoted with his contemporaries
* he needed to develop a more urgent sense of mission accomplishment
* he needed to understand that the needs of his Soldiers and the mission required his utmost consideration

9.  His records contain an OER covering the period 18 August 1991 through 
28 March 1992, in the rank of 2LT.  This report shows:

* his performance during the rating period usually exceed the requirements
* his rating chain felt he should be promoted with his contemporaries
* he needed to complete the Officer Basic Course (OBC) to broaden and develop leadership skills
* his performance reflected the fact that he had not completed OBC

10.  His records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he attended the Signal Officer Basic Course at Fort Gordon, GA, from 29 March to 14 August 1992, and that he was honorably released from active duty training on 14 August 1992 and returned to his unit.

11.  He was promoted to 1LT and extended Federal recognition sometime between 14 August 1992 and 15 December 1993.  His records do not contain the promotion orders showing the promotion date.

12.  On 15 December 1993, the ILARNG published Orders 239-58 ordering his honorable discharge from the ARNG and transfer to the USAR IRR, effective 
15 December 1993, in the rank of 1LT.

13.  On 17 February 1994, the NGB published Special Orders Number 110-AR withdrawing Federal recognition, effective 15 December 1993, by reason of transfer to the USAR.

14.  His records show he joined the Chaplain Candidate Program sometime between 15 December 1993 and 1 June 1998; however, his record is void of orders or paperwork assigning him to this program.

15.  His records contain three DA Forms 1059 (Service School Academic Evaluation Report) showing he attended the following courses, in the rank of 1LT:

* Clinical Pastoral Education, from 1 June to 14 August 1998
* Chaplain Candidate Training, from 28 December 1998 to 15 January 1999
* Chaplain Candidate Course, from 6 July to 19 August 1999

16.  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.  The applicant stated, in effect, it was brought to his attention that he was not selected for promotion to CPT because his diploma was not on file.  He was a member of the USAR Personnel Command enrolled in the chaplain candidate program.
He was in the process of completing the Masters of Divinity at Lincoln Christian Seminary.  He would graduate in December 1999 and he was waiting to be considered for "enlistment" in the Regular Army.  He further stated the chaplain's department told him he did not have to worry about being promoted because he would be promoted as a chaplain within 6 months of entering the Army chaplaincy program in the Regular Army.

17.  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 request for promotion reconsideration by a Department of the Army (DA) Special Selection Board (SSB).  This memorandum also stated a special review team carefully considered his request for reconsideration and reviewed his record and it was determined that his record contained a material error when originally seen by the mandatory board.  However, "the error was not significant enough in nature, that in conjunction with your permanent record, it would have made a difference in your promotion status."  Therefore, his record would not be put before an SSB.

18.  He provided a memorandum he submitted to the USAR Personnel Command, St Louis, MO, dated 20 September 2000, requesting reconsideration for promotion to CPT for fiscal year (FY) 1997.  This memorandum states he was educationally qualified for promotion for the FY 1997.  "Please see attachments concerning my Basic Chaplain Course, Master of Divinity, Bachelor of Science, Associates of Science, Combat Medical Ministry course, Spiritual Health course, and Army's Homosexuality policy diplomas."

19.  He provided a memorandum he received from an official at the USAR Personnel Command, St Louis, MO, Office of Promotions, Reserve Components, dated 27 September 2000, stating a DA SSB was convened to consider SSB requests.  The SSB examined the performance portion of his official military personnel record and it was determined that he was considered under the 1998 criteria.  He was not selected for promotion by the SSB.  The specific reason for non-selection was unknown because SSB's do not record their reasons for non-selection.  Non-selection by this SSB did not constitute an additional failure of selection.  

20.  His records contain a memorandum issued by the USAR Personnel Command, St Louis, MO, dated 23 May 2002, notifying him of his promotion status.  This memorandum states a DA SSB convened to consider SSB requests.  The SSB examined the performance portion of his official military personnel record and he was considered under the FY 1997 criteria, but unfortunately, he was not selected for promotion by the SSB.  Non-selection by this SSB did not constitute an additional failure of selection.  The specific reason for non-selection was unknown because SSB's do not record their reasons for non-selection.

21.  His record does not contain evidence of a discharge.

22.  His records contain a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he enlisted in the Army Reserve in the rank/grade of sergeant/E-5, on 7 March 2009.

23.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), paragraph 4-27 (Mandatory consideration non-selection policy) states an initial non-selection for promotion to the next higher Reserve grade will constitute a first passover for promotion.  An officer remaining in an active status following a first passover will again be considered for promotion by the next regularly scheduled board considering that grade and branch.  An officer who twice fails to be selected for promotion to CPT will not be considered for promotion again.  Officers on extended active duty will be removed within 120 days after being notified on their second non-selection.  All other officers not qualified for retention will be removed from an active status within 90 days after the selection board submits its results to Headquarters, DA.  USAR officers will be transferred to the Retired Reserve in accordance with Army Regulation 140-10 (Reserve Component Assignments, Attachments, Details, and Transfers), paragraph 7-4, or discharged in accordance with Army Regulation 135-175 (Reserve Component Officer Separations), paragraph 4-4. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed in the ILARNG as a SC officer in August 1990.  He was promoted to 1LT on an unknown date between August 1992 and December 1993.  He was separated from the ARNG on 15 December 1993 and transferred to the USAR Control Group (IRR).

2.  While in the IRR, he appears to have been considered for promotion to CPT but he was not selected.  He communicated with USAR officials in St. Louis, MO regarding consideration by an SSB.  He was reconsidered for promotion to CPT by an SSB under the FY 1997 and FY 1998 year criteria but he was not selected for promotion.  The specific reasons for non-selection are unknown since selection boards do not disclose the reason for non-selection.  

3.  There is nothing in the applicant's available records confirming he was accepted into or that he entered a chaplains program.  However, it appears he entered a chaplain candidate program and successfully completed various chaplain training courses between 1998 and 1999.  There is no evidence in his records and he provides none to show he was eligible for promotion to CPT as a chaplain candidate or that he was exempt from a promotion board.  

4.  Based on the foregoing, there is insufficient documentary evidence in his service record to substantiate his claim or grant the requested relief.

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)                                         AR20110020082



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ABCMR Record of Proceedings (cont)                                         AR20110020082



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