IN THE CASE OF:	  

		BOARD DATE:	   25 June 2015 

		DOCKET NUMBER:  AR20140015324 


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 reconsideration of his previous application to the Board for correction of his record to consider him for promotion to the rank of major (MAJ).

2.  The applicant states, in effect:

* he is presently serving in a position that is one rank higher than he presently holds
* his record was corrected to show he was granted Federal recognition as a captain (CPT) with a date of rank (DOR) of 27 August 2010
* he should have been considered for promotion to MAJ on the September 2013 and March 2014 Position Vacancy Promotion Boards 

3.  The applicant provides:

* a self-authored statement
* U.S. Army Special Forces Command (USASFC) Table of Distribution and Allowance
* 2 memoranda
* an extract from an Army regulation
* DD Form 2088 (Statement of Ecclesiastical Endorsement)
* Orders C-08-312205
* Orders A-09-312695
* an email
* DA Form 67-9 (Officer Evaluation Report)
* a letter
* Orders M-06-400117

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140008410 on 12 August 2014.

2.  The applicant provides memorandums of support, orders, and an extract which were not previously reviewed by the Board.  Therefore, they are considered new evidence and as such warrants consideration by the Board.
 
3.  On 27 August 2010, following prior enlisted service in the United States Navy, the applicant was appointed as a Reserve commissioned officer of the Army in the rank of first lieutenant (1LT).

4.  Orders 259-1057, issued by the Indiana Army National Guard (INARNG) on 16 September 2010, appointed him in the INARNG and granted him temporary Federal recognition effective 27 August 2010.

5.  Special Orders Number 17 AR, issued by the NGB on 28 January 2011, extended him Federal recognition for his initial appointment to 1LT, effective 27 August 2010 with a DOR of 27 August 2008.

6.  Orders 030-1134, issued by the INARNG on 30 January 2012, announced his promotion to CPT effective 20 January 2012.  

7.  Special Orders Number 172 AR, issued by the NGB on 11 May 2012, extended him Federal recognition for his promotion to CPT effective 26 April 2012.

8.  Orders 203-1023, issued by the INARNG on 22 July 2013, released him from the INARNG and transferred him to the U.S. Army Reserve (USAR) effective 22 July 2013.

9.  Orders C-08-3122005, issued by the U.S. Army Human Resources Command, dated 27 August 2013, reassigned the applicant to the U.S. Army Special Forces Command, Fort Bragg, NC, effective on 26 August 2013.  He was assigned as the Chaplain position on the unit manning document serving in the position of MAJ/pay grade O-4.

10.  Special Orders Number 326, issued by the NGB on 11 December 2013, withdrew his Federal recognition effective 22 July 2013.

11.  On 12 August 2014, the ABCMR corrected the applicant's record to show he was granted Federal recognition as a CPT, with a DOR of 27 August 2010.  Special Orders Number 319, issued by the NGB on 3 November 2014, amended his effective date extending him Federal recognition to CPT to 27 August 2010.

12.  He is currently serving on active duty in support of Operation Enduring Freedom (OEF).  He provides a self-authored statement in which he claims:

   a.  He should have been considered for promotion to MAJ effective 27 August 2013, which would have given him two opportunities to be selected for promotion based on either the September 2013 or March 2014 U. S. Army Reserve Position Vacancy Boards.

   b.  Based on his corrected (27 August 2010) effective date to CPT, he would have been a CPT with three years minimum time in service in the grade of CPT in August 2013.  He was mobilized in support of OEF on 8 September 2013 projected through 7 September 2015, and serves as a Chaplain in the higher grade of MAJ/pay grade O-4 on the unit manning roster.

   c.  U.S. Code 14315 and 14303 supports that a Reservist may be promoted to the next rank (in this case MAJ) with a minimum of three years time in service in the grade of CPT.  His mandatory retirement date is December 2015 and although his records went before the MAJ promotion board in March 2015, those records included evaluations as a 1LT which he feels should have shown his rank as a CPT.  He believes not being awarded the rank of CPT when he first entered service [constructive service credit for ecclesiastical training and experience] negatively impacted his ability for early promotion consideration to MAJ. 

13.  The applicant provides a copy of the USASFC Mobilization Table of Distribution and Allowance, dated October 2013 that shows he is assigned to a MAJ/O-4 position with the principle duty title of Chaplain.

14.  Army Regulation 135-155 (Army National and Army Reserve – Promotion of Commissioned Officers and Warrant Officers Other Than General Officers):

   a.  Prescribes Reserve Component (RC) policies and procedures for promotion of officers, including position vacancy promotions.  It states promotion to fill authorized troop program unit position vacancies may be filled through promotion of the best qualified, geographically available officers.
   b.  Special selection boards, convened under the Reserve Officer Personnel Management Act on and after 1 October 1996, will reconsider commissioned officers, (other than commissioned warrant officers) who were wrongly not considered and reconsider commissioned officers (other than commissioned warrant officers) who were considered but not selected by mandatory promotion boards that convened on or after 1 October 1996.  These boards do not reconsider officers who were not considered or not selected by mandatory promotion boards that convened before 1 October 1996.

   c.  Records of officers or former officers will be referred for special selection board action when the Office of Promotions (RC) determines the following:
   
(1)  An officer was eligible for promotion consideration; however, the officer's 
records were, through error, not submitted to a mandatory promotion selection board.

   (2)  A review of a mandatory selection board finds that an officer's records contained a material error.

   (3)  The Army Board for Correction of Military Records (ABCMR) requests such a referral. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully examined and considered.

2.  As a result of the applicant's incorrect initial appointment, unfortunately, it appears he may have been disadvantaged for promotion to MAJ.  His initial appointment rank was corrected by this Board to show he was granted Federal recognition as a CPT, with a DOR of 27 August 2010.  

3.  However, while he has provided sufficient evidence to support his contention that he was eligible for promotion consideration based on the original miscalculation of his entry rank, a position vacancy board is a commander initiated action to fill vacant positions and not a mandatory selection board.  

4.  Records of officers or former officers will be referred for special selection board action when it is determined an officer was eligible for promotion consideration by a mandatory promotion selection board.  There is no provision in the regulation which allows the applicant to be referred to a special selection board based on his exclusion from a previously held position vacancy board. 


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 to amend the decision of the ABCMR set forth in Docket Number AR20140008410, dated 12 August 2014.



      _______ _   _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)                                         AR20140015324



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ABCMR Record of Proceedings (cont)                                         AR20140015324



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