RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070008523


	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

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 (DOR) for first lieutenant be adjusted to 15 November 2001.  He further requests correction of his DOR for captain from 6 July 2004 to 12 January 2004, and to receive back pay and allowances. 

2.  The applicant states that he did not receive constructive credit at the time of his appointment.  As a result his DOR for first lieutenant was wrong, causing his promotion to captain to be rescinded.  

3.  The applicant provides copies of promotion orders, Federal recognition, revocation orders, letter of explanation, letters from the Office of Personnel Management, and extracts from Army Regulation 135-100 and Army 
Pamphlet 165-17.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the Ohio Army National Guard (OHARNG) as a captain (Chaplain) with the 37th Infantry Brigade Combat Team.

2.  Orders 097-165, State of Ohio, dated 18 May 2000, discharged the applicant from the OHARNG as a sergeant, pay grade E-5; and subsequently appointed him as a second lieutenant, Staff Specialist, in the OHARNG, effective 12 May 2000.

3.  On 31 August 2001, the applicant completed the Officer Basic Course.

4.  On 12 March 2002, the National Guard Bureau (NGB) notified the applicant by memorandum of his promotion to first lieutenant with a DOR and effective date of 12 May 2002.  Special Orders Number 74 AR, NGB, granted the applicant Federal recognition effective 12 May 2002.

5.  On 31 August 2002, the applicant completed the Chaplain Candidate Course.

6.  Orders 233-330, State of Ohio, dated 4 December 2002, separated the applicant from the OHARNG and the Reserve of the Army effective 14 November 2002 for reappointment as a chaplain.  It subsequently appointed him as a first lieutenant, Chaplain, in the OHARNG, effective 15 November 2002.

7.  On 18 December 2003, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  

8.  Orders 009-187, State of Ohio, dated 13 January 2004, promoted the applicant to captain effective 12 January 2004.  These orders show his DOR for first lieutenant as 1 January 2002.  Orders 034-114, State of Ohio, dated 
19 February 2004, revoked these promotion orders.

9.  Orders 132-010, State of Ohio, dated 6 July 2004, promoted the applicant to captain effective 6 July 2004.  These orders show his DOR for first lieutenant as 12 May 2002.  The additional instructions show his new duty assignment as Chaplain 56A00 (101-09).  

10.  Special Orders Number 216 AR, NGB, dated 2 September 2004, granted the applicant Federal recognition effective 2 September 2004.

11.  On 16 March 2005, the applicant was released from active duty and transferred to the OHARNG.  He had completed 1 year, 2 months, and 29 days of creditable active service.

12.  In a memorandum for this Board, dated 16 April 2007, the Officer Personnel Manager, Adjutant General’s Department, State of Ohio, stated, in effect, that the applicant should have received a year of constructive credit at the time of his appointment as a chaplain on 15 November 2002.  This would have given him a DOR for first lieutenant of 15 November 2001.

13.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, Virginia, dated 14 December 2007.  
It stated that the applicant’s DOR to first lieutenant should be adjusted to 
15 November 2001 based on his constructive credit.  It further stated that the applicant’s promotion to captain was based on a position vacancy and recommended disapproval of the applicant’s request to change his DOR and effective date for captain.  Army Regulation 135-100, chapter 3, paragraph 3-7 states that entry grade and DOR in commissioned officer’s grade will be determined by the entry grade credit awarded on appointment.  Applicants may be appointed as second lieutenants with assignment to the Staff Specialist Branch until they become eligible for appointment as a first lieutenant in the Chaplain Branch.  An applicant when appointed as a first lieutenant will be credited with actual service and constructive service credit allowed.  The purpose of constructive service credit is to provide grade and DOR comparability for a 
person who begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field.  

14.  On 12 January 2008, the applicant provided a rebuttal statement to the advisory opinion.  He disagreed with that part of the opinion concerning adjustment of his DOR and effective date for captain.  The applicant contends that his promotion was not based on a position vacancy.  He further states that he was not moved into a new position for the purpose of promotion.  He states that by adjusting his DOR as a first lieutenant from 15 May 2002 to 15 November 2001, his initial promotion order to captain dated 13 January 2004 was valid and should be recognized.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and supporting letters from the NGB and the State of Ohio, show that the applicant should have received constructive credit at the time of his appointment as a chaplain.  Therefore, his records should be corrected to show his DOR for first lieutenant as 15 November 2001.

2.  The available evidence does not provide the reason or circumstances regarding the revocation of his promotion to captain in January 2004.  Therefore, his DOR adjustment for first lieutenant does not automatically make those promotions orders valid.

3.  The State of Ohio orders, dated 6 July 2004, indicate that the applicant was to be assigned to a different position in conjunction with his promotion to captain.

4.  The applicant has not provided substantiating evidence to corroborate his contention that his promotion to captain was improperly based on a position vacancy.  Therefore, his request to adjust his DOR and effective date for captain and to receive back pay and allowances should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JBG __  __RSV __  __DWS _  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 records of the individual concerned be corrected by showing his DOR for first lieutenant as 15 November 2001.

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 any change in the applicant’s DOR and effective date for captain, and entitlement to back pay and allowances.




__   James B. Gunlicks __
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.