BOARD DATE: 12 August 2014 DOCKET NUMBER: AR20140008410 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 adjustment of his date of rank (DOR) to captain (CPT/O-3) to 27 August 2010 or earlier. 2. The applicant states: * he is an Army chaplain and he is an O-3 with a DOR on 26 April 2012 * he was accessed into the Army National Guard (ARNG) as a first lieutenant (1LT/O-2) on 27 August 2010 * his chaplain and his recruiter should have taken the necessary steps to see that because of his years of full-time pastoral/ministerial experience he exceeded the necessary 7 years to enter the ARNG * he brought this information to their attention and he was told it would be easier to get him in as a 1LT * his executive officer tried to help him take care of this matter, without success * when he pursued the issue he was shut down and told not to bring it up again and to just start serving his unit * he is now serving in a major's slot and has been told to pursue this matter while he is on active duty 3. The applicant provides: * Special Orders Number 17 AR, issued by the National Guard Bureau (NGB) on 28 January 2011 * DD Form 2088 (Statement of Ecclesiastical Endorsement) * a letter from the Executive Director at Free Will Baptist Home Missions, Antioch, TN, dated 6 May 2014 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. 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 1LT. 3. 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. 4. Special Orders Number 17 AR, issued by NGB on 28 January 2011, extended him Federal recognition for his initial appointment to 1LT, effective 27 August 2010 with a 27 August 2008 DOR. 5. On 30 March 2011, his commanding officer completed a DA Form 4187, wherein he requested that the applicant's DOR be changed in accordance with Special Orders Number 17 AR, dated 28 January 2011. 6. Orders 030-1134, issued by the INARNG on 30 January 2012, announced his promotion to CPT effective 20 January 2012. The orders stated that he would not be paid or wear the insignia of the grade to which promoted until Federal Recognition was received. 7. Special Orders Number 172 AR, issued by NGB on 11 May 2012, extended him Federal recognition for his promotion to CPT effective 26 April 2013. 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. On 27 August 2013, he was reassigned to the U.S. Army Special Forces Command, Fort Bragg, NC effective 26 August 2013. The position to which he was assigned was identified for Soldiers serving in the rank/grade of major (MAJ)/O-4. 10. Special Orders Number 326, issued by NGB on 11 December 2013, withdrew his Federal recognition effective 22 July 2013. 11. He is currently on active duty in support Operation Enduring Freedom. 12. He provides a copy of his DD Form 2088, which shows that prior to his appointment as a 1LT he had 21 years of active military enlisted service. His DD Form 2088 shows he had 22 years of professional ministry experience. His Ecclesiastical Endorser commented that he is an ordained Free Will Baptist minister in good standing with the National Association of Free Will Baptists, he is highly qualified, and he has the educational qualification and the practical pastoral experience to meet the requirements for chaplaincy. 13. He also submits a letter from his Ecclesiastical Endorser, dated 6 May 2014, requesting that his DOR be backdated to 27 August 2010 and that he be promoted to the rank of MAJ as soon as possible. 14. During the processing of this case an advisory opinion was obtained from the Office of the Chief of Chaplains. The Personnel Management Officer (PMO) recommended approval of the applicant's request, stating: * he is not sure why the Army recruiter told the applicant it would be easier to get him in as a 1LT * it is not a question of ease, it is a question of law and legality * the applicant's initial appointment should have been as a CPT Chaplain in accordance with Army Regulation 135-100 (ARNG and USAR Appointment of Commission and Warrant Officers of the Army), Table 3-1 * the applicant's DD Form 2088 states he had 22 years of professional ministry experience, so he should have entered the Army as a CPT with a DOR of 27 August 2010 * with an amended DOR to 1LT of 27 August 2008, this is proof from the U.S. Army Human Resources Command (HRC) that the applicant should have been appointed to CPT in 2010 * the applicant should never have been a 1LT 15. The PMO recommended the applicant's DOR be immediately corrected to 27 August 2010 and that he be awarded all pay and benefits owed him due to errors that were made. 16. The applicant received a copy of the advisory opinion for his information and/or possible rebuttal. In a letter dated 10 June 2014, he accepted the advisory opinion and he requested that because of promotion-related issues, the Board help him to "wade" through the process of being promoted to MAJ by affording him the promotion as requested by his Ecclesiastical Endorsing Agency. 17. Army Regulation 135-100, chapter 3, section III, addresses appointment of chaplains. It states qualified applicants without prior commissioned service will be credited with 3 years of service in an active status, and they will be appointed in the rank of 1LT. Table 3-1 states an additional 1 year of constructive service credit (CSC) may be granted based on seven or more years of extensive practical experience in a ministry as documented on the DD Form 2088 submitted by the individual’s Ecclesiastical Endorsing Agency. 18. Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) specifies that officers in the grade of captain may be promoted to major upon completion of 7 years maximum time in grade (MTIG), selection by a mandatory promotion board, and have met all requirements for promotion. An officer selected for the first time for promotion to the next higher grade may be promoted on or before the date that he/she completes the maximum years of service. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. His supporting evidence has been considered. 2. The available evidence supports his contention that his initial appointment on 27 August 2010 should have been as a CPT Chaplain in accordance with Army Regulation 135-100. 3. There is no question that he was fully qualified for appointment as a CPT in the INARNG on 27 August 2010; however, he has not met the MTIG requirement for promotion to MAJ. 4. In view of the foregoing, his records should be corrected as recommended below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __X______ ___X_____ ___X__ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and ARNG records of the individual concerned be corrected by showing he was granted Federal recognition as a CPT, with a DOR of 27 August 2010, and that he be awarded all back pay and allowances he is due as a result of this correction. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to promoting him to MAJ. _______ _ 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) AR20140008410 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140008410 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1