RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 September 2007
DOCKET NUMBER: AR20060017816
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Linda Simmons
Chairperson
Mr. Frank Jones
Member
Ms. Carmen Duncan
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, in effect, that his date of rank (DOR) to first lieutenant be changed to 15 May 2006 instead of 12 September 2006.
2. The applicant states, in effect, that he was commissioned a second lieutenant on 15 May 2004 as part of his graduation from the Reserve Officers Training Corps and that he went into the Individual Ready Reserve (Chaplain Candidate Program). He contends that two years time in grade should have made him a first lieutenant on 15 May 2006 and it did not happen. He also states that the error may have been caused by a faulty commissioning date because he has one form that says he was commissioned on 13 September 2004.
3. The applicant provides an oath of office, dated 15 May 2004.
CONSIDERATION OF EVIDENCE:
1. A DA Form 71 (Oath of Office - Military Personnel), dated 15 May 2004, shows the applicant was commissioned a second lieutenant.
2. On 15 June 2004, a Chief of Chaplains Accessioning Selection Board found the applicant fully qualified for an appointment as a Chaplain Candidate in the Staff Specialist Branch, U.S. Army Reserve (USAR). On 1 July 2004, he was assigned to the Staff Specialist Branch, USAR. He signed a second oath of office on 13 September 2004.
3. Records at the Special Actions Branch, Office of Promotions, Reserve Components, U.S. Army Human Resources Command (HRC) in St. Louis, Missouri show the applicant was in a delay status and the Officer Basic Course was waived for his promotion to first lieutenant. The applicant was promoted to first lieutenant effective 12 September 2006 with a DOR of 12 September 2006.
4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Action Branch, Office of Promotions, Reserve Components, U.S. Army HRC, St. Louis, Missouri. The opinion points out that the applicants records contain an oath of office, dated 15 May 2004, and documentation, dated 15 May 2004, which appoints him in the Chaplain Corps. On 1 July 2004, the applicant was issued an appointment memorandum by HRC St. Louis, Missouri to second lieutenant, Special Staff Branch, USAR and the applicant signed an additional oath of office on 13 September 2004. This is the date the applicant was accessioned into the HRC database. The opinion states that there is no memorandum issued by HRC appointing the applicant as a Chaplain Corps Officer. The applicant was considered and selected by the 2006 Administrative Selection Board as a Special Staff Officer with a date of rank of 12 September 2004 and a promotion eligibility date of 12 September 2006. The applicant was issued promotion orders. It was recommended that a determination be made on which appointment memorandum and oath of office was valid.
5. The advisory opinion was provided to the applicant on 28 March 2007 for comment or rebuttal. The applicant concurred with the advisory opinion on
6 May 2007.
6. A second advisory opinion was obtained from the Office of the Chief of Chaplains. The opinion states that upon completion of appropriate research and follow up, the records of the applicant are correct. The Soldier Management System indicates the DOR for the applicant is 16 May 2006. The applicant was properly appointed to the Staff Specialist Branch, not the Chaplain Corps. The applicant is now completing his educational and ecclesiastical requirements to reappointment into the Chaplains Corps at a later date.
7. The HRC St. Louis, Missouri Soldier Management System shows the applicants DOR as 16 May 2006 and his effective date of promotion is
12 September 2006.
8. Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that an officer in the grade second lieutenant or a USAR warrant officer in the grade of Warrant Officer 1 will be considered for promotion without review by a selection board. The officers records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed (Table 2-1 or Table 2-3).
9. Table 2-1 (Time in grade requirements commissioned officers, other than commissioned warrant officers) of Army Regulation 135-155 shows that the minimum time in grade requirements from second lieutenant to first lieutenant is 2 years.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows the applicant was commissioned a second lieutenant on 15 May 2004. For whatever reason he signed a second oath of office on
13 September 2004, he still signed the first one on 15 May 2004. Since the governing regulation states that the minimum time in grade requirements from second lieutenant to first lieutenant is 2 years, it appears his DOR of
12 September 2006 to first lieutenant is incorrect. Therefore, it would be equitable to change his DOR to first lieutenant to 14 May 2006.
BOARD VOTE:
LS_____ __FJ____ __CD____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 changing his DOR and effective date of promotion to first lieutenant to 14 May 2006.
___Linda Simmons______
CHAIRPERSON
INDEX
CASE ID
AR20060017816
SUFFIX
RECON
DATE BOARDED
20070906
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
112.0200
2.
3.
4.
5.
6.
ARMY | BCMR | CY2007 | 20070012941
The applicant requests correction of his records to show he was appointed in the U.S. Army Reserve (USAR), Chaplain Corps, as a captain (CPT)/O-3 instead of 1st lieutenant (1LT)/O-2; correction of his effective date of rank as a CPT/O-3 to 20 June 2003 instead of 13 April 2006; and, in effect, all back pay as a result of this correction. Applicants without prior commissioned service will be credited with 3 years service in an active status. The date of rank of an officer commissioned in...
ARMY | BCMR | CY2007 | 20070007135
Powers Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect: a. correction of her date of rank (DOR) for appointment as a Major (MAJ/O-4), Army Chaplain Corps (CH), to account for her prior US Army Reserve (USAR) promotion to MAJ on 2 October 1997; and b. correction of her DOR to Lieutenant Colonel (LTC/O-5) to 2 October 2004. The applicant provides the following additional documentary evidence in...
ARMY | BCMR | CY2008 | 20080006558
The applicants military service records contain a copy of Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 19 June 2003, subject: Appointment as a Reserve commissioned officer of the Army Under Title 10, USC 12202 and 12203, that shows, in pertinent part, the applicant was appointed as a Chaplain Reserve Commissioned Officer of the Army in the grade of 1LT, effective 20 June 2003, and credited with 3 years of service in an active status. The evidence...
ARMY | BCMR | CY2007 | 20070002949
The applicant states, in effect, that he was eligible for promotion 24 months from his initial appointment date of 23 April 2004; however, he was not promoted at that time due to his transfer from the Army National Guard (ARNG) to the U.S. Army Reserve (USAR). The evidence of record also shows that the applicant transferred from the ARNG to the USAR, in the grade of 2LT, effective 12 April 2006, and was considered and selected for promotion to 1LT by the 2006 Administrative Selection Board...
ARMY | BCMR | CY2008 | 20080019029
On 4 June 2003, the Army informed him that he was appointed in the USAR and that his DOR is the date of appointment. On 12 October 1993, the applicant was appointed as a USAR commissioned officer in the rank of MAJ and executed an oath of office on the same date. This education is for appointment in the grade for which the applicant is otherwise eligible, except if the applicant is otherwise qualified, TJAG has the discretion to authorize the applicants appointment in the JAGC, with the...
ARMY | BCMR | CY2005 | 20050017418C070206
The applicant states, in effect, that on 18 August 2004 the Army Board for Correction of Military Records (ABCMR) concluded that his promotion eligibility date (PED) for MAJ was 2 November 2003. The applicant further states, in effect, that he subsequently received promotion orders to the grade of rank of MAJ, with an effective date and DOR of 27 December 2004. The USA HRC advisory official states that the applicant was issued a select memorandum, dated 1 November 2005, indicating a...
ARMY | BCMR | CY2006 | 20060001060C070205
The applicant provides copies of his Application of United States Army Reserve (USAR) Appointment memorandum, letters from the ODCSPER, his letter to a Member of Congress and replies, his Appointment Memorandum, his Oath of Office, and the TPU/IMA Officer Leader Development Guide, in support of his application. In an advisory opinion dated, 21 September 2006, the Chief, Reserve Appointments, HRC, St. Louis, stated that in response to the request for opinion and/or administrative correction...
ARMY | BCMR | CY2006 | 20060007585C070205
The applicant requests, in effect, adjustment to his reappointment date in the United States Reserve (USAR), Chaplain Branch from 31 March 2006 to 1 October 2005 and promotion consideration to major by a special selection board (SSB) under the 2006 year criteria. The applicant was appointed in the USAR, Chaplain Branch, as a captain, effective 31 March 2006. In an advisory opinion, dated 28 July 2006, the Chief, Reserve Appointments, HRC, St. Louis, stated that the applicant was discharged...
ARMY | BCMR | CY2009 | 20090007686
The applicant requests correction of his date of rank (DOR) as captain (CPT) from 11 June 2006 to 14 February 2005. After providing a historical background of the applicant's military service and his recent application to the Army Board for Correction of Military Records, the Chief, Personnel Division, stated that the applicant was separated from the ARNG and transferred to the USAR effective 10 June 2006. The evidence of record shows that the applicant was considered by a DA SSB that...
ARMY | BCMR | CY2007 | 20070010983
The Chief further stated that The New Jersey Adjutant General approved the Federal recognition examining board proceedings for the officer to be initially appointed effective 23 July 2004 and the officer executed his oath of office, also on 23 July 2004. The Chief also stated that he could not make a recommendation regarding the applicant's promotion to 1LT since the applicant was transferred to the USAR and that in accordance with Army Regulation 135-188 (Promotion of Commissioned Officers...