IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130012878 


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 approval of a military education waiver, consideration for promotion to lieutenant colonel (LTC) under the 2005 LTC Reserve Components Selection Board (RCSB) criteria, and consideration for promotion to colonel (COL) under the 2010 COL RCSB criteria by a special selection board (SSB).

2.  The applicant states the Army Board for Correction of Military Records (ABCMR) ruled that his appointment grade as a chaplain was in error and directed correction of his records to show his appointment in the rank of major (MAJ) effective 6 August 1998.  He did not appear before subsequent promotion boards for his appropriate year group.  According to his date of rank (DOR), he should have been considered for promotion to LTC in year group 2005 and for promotion to COL in year group 2010.  He requests consideration by an SSB for subsequent promotions.

3.  He provides:

* three DA Forms 67-9 (Officer Evaluation Report)
* DA Form 1059 (Service School Academic Evaluation Report), dated 15 December 2011
* ABCMR Docket Number AR20130006106, dated 20 June 2013


CONSIDERATION OF EVIDENCE:

1.  On 1 April 1984, he was appointed in the Chaplain Corps as a Reserve commissioned officer of the Army in the California Army National Guard in the rank of second lieutenant.  On 31 March 1985, he was discharged from the Army National Guard and transferred to the U.S. Army Reserve.

2.  On 6 August 1998, he received a new commission in the Chaplain Corps in the rank of first lieutenant.

3.  He was promoted to the rank of MAJ on 30 May 2008.

4.  In ABCMR Docket Number AR20130006106, dated 20 June 2013, the Board determined the applicant had not received the appropriate constructive credit for his prior-commissioned service when he was commissioned in 1998.  The Board directed correction of his records to show he was appointed in the Chaplain Corps in the USAR in the rank of MAJ effective 6 August 1998.

5.  He provided a DA Form 1059, dated 15 December 2011, that shows he completed the U.S. Army Command and General Staff College (CGSC) Intermediate Level Education (ILE) Common Core.

6.  He provided three OER's for the periods:

* 2 May 2005 through 25 February 2006
* 21 August 2008 through 20 August 2009
* 1 January 2012 through 31 December 2012

7.  In the processing of this case, an advisory opinion was obtained from the Chief, Officer Promotions Special Actions Branch, U.S. Army Human Resources Command (HRC), dated 20 August 2013.  The advisory official stated the applicant's DOR adjustment allowed him consideration for promotion by an SSB to LTC under the Fiscal Year (FY) 2005 through FY12 criteria (unless proven otherwise ineligible).  Any subsequent SSB's for promotion consideration to COL would only occur upon a favorable outcome that leads to a promotion to LTC.  For possible promotion selection, the applicant must have completed the minimum respective military educational requirements of 50 percent of CGSOC ILE for LTC and 100 percent of CGSOC for COL prior to the convening date of the board.  Any educational waivers can be only approved or directed retroactively by the ABCMR.

8.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He stated in his rebuttal that he could not have met the military educational requirements for the appropriate year group promotion boards to LTC and COL because of his DOR error.  He requested consideration by an SSB for promotion to LTC for FY05 and a waiver of his military educational requirements and that the OER from his deployment be considered retroactively as evidence of the level of his performance at the time.  He also requested that should he be promoted to LTC, consideration by a subsequent SSB for promotion to COL in FY10 and that his AER from the resident CGSOC in 2011 be considered retroactively as evidence of his level of performance.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other than General Officers) states an SSB will convene to correct/
prevent an injustice to an officer or former officer who was eligible for promotion but whose records, through error, were not submitted to a mandatory promotion selection board for consideration.

10.  Table 2-1 of Army Regulation 135-155 states the minimum time in grade (TIG) as a MAJ for promotion to LTC is 4 years and the maximum TIG is 7 years. 
The minimum TIG for promotion from LTC to COL is 3 years and the maximum TIG is 5 years.

11.  Table 2-2 of Army Regulation 135-155 states the military educational requirements for promotion from MAJ to LTC is 50 percent of the CGSOC.  The educational requirements for promotion from LTC to COL is completion of the CGSOC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records were corrected to show he was appointed in the USAR in the Chaplain Corps in the rank of MAJ effective 6 August 1998.

2.  His service records show he completed the CGSOC ILE on 15 December 2011.  The advisory opinion indicated his DOR adjustment allowed him consideration for promotion to LTC by an SSB under the FY05 through FY12 criteria.  He did not complete the required military educational requirements (50 percent completion of the CGSOC) for consideration by an LTC promotion board until 2011.

3.  Based on the foregoing, it would be in the interest of equity to grant the applicant a military educational waiver for the FY05 through FY12 LTC boards and send his records to an SSB for promotion consideration to LTC under the FY05 through FY12 promotion criteria.

4.  Any subsequent SSB's for promotion consideration to COL would only occur upon a favorable outcome that leads to a promotion to LTC.  If he is selected for promotion to LTC, it would be appropriate to grant a military educational waiver for the applicable COL board and send his records to an SSB for promotion consideration under the applicable COL criteria.

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented Is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  granting him a military educational waiver for the FY05 through FY12 LTC promotion selection boards;

	b.  placing his corrected records before the next available SSB for consideration for promotion to LTC under the FY05 through FY12 criteria;

	c.  if before the SSB process is completed he is removed from the Reserve Active Status List (RASL), correct his records by continuing the SSB process;

	d.  if selected for promotion to LTC by the SSB, establishing his LTC promotion effective date and DOR as if he had been originally selected under the earlier criteria identified by the SSB and paying him all back pay and allowances due as a result;

	e.  if not selected for promotion to LTC by the SSB, he should be so notified by HRC promotion officials; and

	f.  if selected for promotion to LTC by an SSB:

* granting him a military educational waiver for a COL selection board
* placing his corrected records before the next available SSB for consideration for promotion to COL based on being promoted to LTC
* if before the SSB process is completed he is removed from the RASL, correct his records by continuing the SSB process
* if selected for promotion by the SSB, establishing his COL promotion effective date and DOR as if he had been originally selected under the earlier criteria identified by the SSB and paying him all back pay and allowances due as a result of promotion to COL
* if not selected for promotion to COL by the SSB, he should be so notified by HRC promotion officials



      _______ _  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)                                         AR20130012878



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ABCMR Record of Proceedings (cont)                                         AR20130012878



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