RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 October 2005
      DOCKET NUMBER:  AR20050000266


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Allen L. Raub                 |     |Member               |
|     |Ms. Linda D. Simmons              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank to first lieutenant (1LT)
be adjusted to 14 March 2002.

2.  The applicant states he should have been appointed with one year time
in grade.

3.  The applicant provides a memorandum dated 21 February 2003; his Federal
Recognition packet; his oath of office; and his appointment orders.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant applied for
appointment in the Army National Guard (ARNG) as a Chaplain.  His
application was approved and on 14 March 2003 he was appointed a 1LT as a
Chaplain.

2.  The orders granting the applicant Federal Recognition as a 1LT are not
available.

3.  The applicant was promoted to captain effective 28 April 2005 and
granted Federal Recognition as a captain effective 28 April 2005.

4.  In the processing of this case, an advisory opinion was obtained from
the National Guard Bureau.  The advisory opinion recommended approval of
the applicant's request.  It noted Army Regulation 135-100, paragraph 3-
7(1)(a) states applicants without prior commissioned service will be
credited with 3 years service in an active status and will be appointed in
the rank of 1LT.

5.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  On 10 February 2005, he concurred with the advisory
opinion.

6.  Army Regulation 135-100 (Appointment of Commissioned and Warrant
Officers of the Army), chapter 3, section III (Appointments of Chaplains),
paragraph 3-7a(1)(a) states applicants without prior commissioned service
will be credited with 3 years service in an active status.  They will be
appointed in the rank of 1LT.  Paragraph 3-7b(1) states the date of rank of
an officer commissioned in the Reserve of the Army and appointed to the
Chaplain Branch will be determined by the entry grade credit awarded on
appointment.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant
Officers other than General Officers), Table 2-1 states the minimum time in
grade requirement for promotion from second lieutenant to 1LT is 2 years.
The minimum time in grade requirement for promotion from 1LT to captain is
2 years.

8.  National Guard Regulation 600-100 prescribes policies and procedures
governing, in part, the appointment and Federal Recognition of commissioned
officers of the ARNG.  Paragraph 8-6 states wearing of insignia of the
higher grade is not authorized until Federal Recognition has been extended
by the Chief, National Guard Bureau.  Paragraph 8-15 states an ARNG
commissioned officer, not on active duty, who is selected for promotion as
a Reserve commissioned officer of the Army resulting from mandatory
consideration may be extended Federal Recognition in the higher grade
subject to several conditions, including that the officer has reached his
or her promotion eligibility date and that the officer is promoted in a
State status to fill an appropriate position vacancy in the higher grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed a 1LT in the ARNG, in the Chaplain Branch,
on 14 March 2003.

2.  The minimum time in grade requirement for promotion from second
lieutenant to 1LT is 2 years.  Applicants for appointment as Chaplains
without prior commissioned service will be credited with 3 years service in
an active status and will be appointed in the rank of 1LT.  Therefore, the
applicant had one year of excess time in grade upon his appointment and he
should have been given a date of rank of 14 March 2002.

3.  The applicant was promoted to captain and granted Federal Recognition
as a captain effective 28 April 2005.  This date of rank may have been
based upon a 1LT date of rank of 14 March 2003.  Provided otherwise
eligible (to include but not limited to verifying he filled an appropriate
position vacancy in the higher grade), his date of rank to captain may be
adjusted based upon the correction of his 1LT date of rank to 14 March
2002.

BOARD VOTE:

__mhm___  __alr___  __lds___  GRANT FULL RELIEF

________  ________  ________  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 relief.  As a result, the Board recommends
that the state Army National Guard records and all Department of the Army
records of the individual concerned be corrected by showing he was granted
Federal Recognition as a 1LT with a date of rank of 14 March 2002.

2.  Once the above correction has been made, a determination will be made
to establish if he met the eligibility criteria for earlier promotion and
Federal Recognition to captain and, if so, his state Army National Guard
records and all Department of the Army records will be corrected to show he
was granted Federal Recognition as a captain with an appropriate date of
rank.




                                  __Melvin H. Meyer_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000266                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |125.02                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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