RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 June 2008
	DOCKET NUMBER:  AR20070011249 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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, his date of rank (DOR) to captain (CPT) be adjusted from 1992 to 1990 and his DOR to major (MAJ) be adjusted from 1999 to 1998.

2.  The applicant states that he was appointed as a first lieutenant (1LT) in the Army Chaplain Corps (CH) of the U.S. Army Reserve (USAR) on 17 January 1988 with three years of constructive service credit and that he completed the CH Officer Basic Course in April 1989.  Based on that, he should have been eligible for promotion to CPT in 1990 instead of 1992.  He further adds that if his promotion to CPT is adjusted to 1990 as requested and having completed the Officer Advanced Course in May 1997, he should have been eligible for promotion to MAJ in 1998 instead of 1999.

3.  The applicant provides:

	a.  Undated Memorandum, U.S. Army Military Personnel Center [now known as Army Human Resources Command (AHRC)], St Louis, Missouri (MO), Appointment as a USAR Officer; 

	b.  DA Form 71 (Oath of Office), dated 17 January 1988, as a 1LT in the USAR;

	c.  Oath of Office, dated 18 July 1988, California Army National Guard (CAARNG);

	d.  DA Form 1059 (Service School Academic Evaluation Report), dated 14 April 1989, Completion of the CH Officer Basic Course;

	e.  DA Form 67-8 (U.S. Army Officer Evaluation Report) for the periods 880718 to 890121, 890415 to 900414, and 900415 to 910414;

	f.  Memorandum, AHRC-St. Louis, MO, dated 7 August 1992, notifying him that he was eligible for promotion to CPT;

	g.  Special Orders Number 123 AR, Departments of the Army and Air Force National Guard Bureau, Washington, DC, dated 21 October 1992, extending Federal recognition to the applicant in the rank of CPT, effective 1 June 1992;

	h.  Orders 187-1, Office of The Adjutant General (CA), Sacramento, CA, dated 2 September 1992, promoting the applicant to CPT with an effective date and DOR of 1 June 1992;

	i.  DA Form 1059, dated 2 May 1997, completion of the CH Officer Advanced Course; and

	j.  Special Orders Number 8 AR, Departments of the Army and Air Force National Guard Bureau, Washington, DC, dated 13 January 1999, extending Federal recognition to the applicant in the rank of MAJ, effective 13 June 1999.

4.  The applicant also provides the following miscellaneous documents:

	a.  AHRC-St. Louis, MO, Orders C-02-916089, dated 6 February 1988, Assignment to the Individual Ready Reserve (IRR);

	b.  AHRC-St. Louis, MO, Orders C-03-013025, dated 22 March 1989, Assignment to the CAARNG;

	c.  Orders 145-43, Office of The Adjutant General (CA), Sacramento, CA, dated 21 July 1988, Attachment Orders;

	d.  Memorandum, dated 1 October 1991, Transfer Orders;

	e.  Orders 141-65, Office of The Adjutant General (CA), Sacramento, CA, dated 22 July 1993, Transfer Orders;

	f.  Orders 60-4, Office of The Adjutant General (CA), Sacramento, CA, dated 1 August 1996, Unit Reorganization Order; and

	g.  Orders 341-066, Office of The Adjutant General (CA), Sacramento, CA, dated 7 December 1998, Transfer Orders. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that, with prior enlisted service, he was appointed as a Reserve commissioned officer in the Army Chaplain Corps as a 1LT and subsequently executed an oath of office on 17 January 1988.  He was credited with 3 years of service, toward his appointment grade, in an active status and his date of rank (DOR) as a 1LT was established as 17 January 1988. His promotion eligibility date to CPT would have been 16 January 1992.

2.  On 17 May 1988, he applied for and was granted Federal recognition in the CAARNG as a 1LT in the Chaplain Corps.  He executed an oath of office on 18 July 1988 and was subsequently appointed in the CAARNG and assigned to the Division Support Command, 40th Infantry Division, Long Beach, CA, as an Assistant Chaplain.  He completed the Chaplain Officer Basic Course on 14 April 1989. 

3.  On 1 May 1991, by memorandum, AHRC-St. Louis, MO, notified the applicant that he was considered for promotion by the Calendar Year 1991 Reserve Component Selection Board (CY 1991 RCSB) that convened on 19 March 1991, but was not selected for promotion to CPT.   

4.  On 7 August 1992, by memorandum, AHRC-St. Louis, MO, notified the applicant that he was considered and selected for promotion to CPT by the CY 1992 RCSB that convened on 16 March 1992 and adjourned on 20 March 1992. This memorandum also informed him that the effective date of promotion would be the later of the following dates:

      a.  16 January 1992; or

	b.  date Federal recognition is extended in the higher grade; or 

	c.  date following the date Federal recognition is terminated in the current Reserve grade. 

5.  On 2 September 1992, Office of The Adjutant General (CA), Sacramento, CA, published Orders 187-1, announcing the applicant's promotion to CPT with an effective date and DOR of 1 June 1992.

6.  On 21 October 1992, National Guard Bureau published Federal recognition Special Orders Number 123 AR extending the applicant Federal recognition for promotion to CPT effective 1 June 1992. 

7.  On 2 May 1997, the applicant completed the Chaplain Officer Advanced Course.  

8.  On 21 December 1998, Office of The Adjutant General (CA), Sacramento, CA, published Orders 355-016, announcing the applicant's promotion to MAJ with an effective date of 17 December 1998.



9.  On 13 January 1999, by memorandum, Departments of the Army and the Air Force, National Guard Bureau, Arlington, Virginia (VA), notified the applicant that he was promoted to MAJ in the Reserve of the Army for service in the Army National Guard, effective 13 January 1999.  

10.  On 13 January 1999, National Guard Bureau published Federal recognition Special Orders Number 8 AR extending the applicant Federal recognition for promotion to MAJ effective 13 January 1999. 

11.  On 28 June 1999, by memorandum, AHRC-St. Louis, MO, notified the applicant that he was considered and selected for promotion to MAJ by the CY 1999 RCSB that adjourned on 26 March 1999.  This memorandum also informed him that the effective date of promotion would be the later of the following dates:

      a.  31 May 1999; or  

	b.  date Federal recognition is extended in the higher grade; or 

	c.  date following the date Federal recognition is terminated in the current Reserve grade. 

12.  On 15 June 2000, he was honorably separated from the CAARNG and transferred to the USAR.  He subsequently joined the Active Guard Reserve (AGR) program on 22 September 2002 and was promoted to lieutenant colonel (LTC) on 19 June 2005.

13.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau, Arlington, VA.  After a thorough review of the facts and circumstances of the applicant's case, the National Guard Bureau recommended that the applicant's CPT DOR be adjusted from 1 June 1992 to 1 April 1992 and his MAJ DOR be adjusted from 13 January 1999 to 17 December 1998.  The Chief further stated that this recommendation was based on the documents the applicant provided that reflect that he was in a higher grade position at the time of his selection and that The Adjutant General approved his promotion to MAJ on 17 December 1998.  

14.  The applicant was provided a copy of the National Guard Bureau advisory opinion on 14 March 2008 for review and comment.  On 31 March 2008, the applicant stated that he did not concur with the advisory opinion and elected to provide written comments.  The applicant attached a chart showing the chronological dates and events for his military education and promotion.  He requested a further review as to why he was not promoted to CPT in March 1990 when he had, at the time, completed the Officer Basic Course and had three years time in grade (TIG) as a 1LT.  He further added that any date adjustment to his CPT promotion would have also affected his promotion to MAJ.

15.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers), in effect at the time, prescribed policy and procedures used in the selection and promotion of commissioned officers of the Army National Guard (ARNG) and warrant officer and commissioned officers of the US Army Reserve (USAR).  It stated in pertinent part that Federal recognition of ARNG officers within their State vacancy promotion systems was under National Guard Regulation (NGR) 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) (i.e., Army Regulation 135-155 governs vacancy promotions only of USAR officers).  Table 2-1 (Service Requirements) of the regulation in effect at the time stated that the minimum years in the lower grade for promotion from 1LT to CPT by a mandatory board was 4 years and 6 years of commissioned service.  It also stated that the minimum years in the lower grade for promotion from CPT to MAJ by a mandatory board was 7 years and 12 years of commissioned service.  Furthermore, the regulation in effect at the time stated, in pertinent part, that when an officer received a non-select memorandum, his promotion eligibility date was adjusted forward by one year.

16.  NGR 600-100 provides procedures for processing all applications for Federal Recognition.  Paragraph 2-1 states commissioned officers of the ARNG are appointed by the several States under Article 1, Section 8 of the US Constitution. These appointments may be federally recognized by the Chief, NGB under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the Army National Guard of the United States if they have not already accepted such appointment.  

17.  NGR 600-100, paragraph 8-1 states the promotion of officers in the ARNG is a function of the State.  Paragraph 8-2a states promotion criteria will be based on efficiency, TIG, time in commissioned service (this requirement was deleted after enactment of the Reserve Officer Personnel Management Act on 1 October 1996), demonstrated command and staff ability, military and civilian education, and potential for service in the next higher grade.  Paragraph 8-2b states that, except as provided in this chapter (i.e., concerning certain Special Branch officers only), promotion will be accomplished only when an appropriate vacancy in the grade exists in the unit.

18.  NGR 600-100, paragraph 8-7 states, to be considered for Federal recognition and subsequent Reserve of the Army promotion following State promotion to fill a unit vacancy [via a Unit Vacancy Promotion Board], an ARNG commissioned officer must, in part, have completed the minimum years of promotion service indicated in paragraph 8-8.  Paragraph 8-8 states a commissioned officer must complete a minimum of four years of promotion service prior to being considered for promotion from CPT to MAJ

19.  NGR 600-100, 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 the 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 contends that his DOR to CPT should be adjusted from 1992 to 1990 and his DOR to MAJ should be adjusted from 1999 to 1998.

2.  The applicant was commissioned as a 1LT on 17 January 1988 with three years constructive credit applied for appointment grade.  There was no excess constructive service credit to apply toward a DOR adjustment.  He completed the Chaplain Officer Basic Course on 14 April 1989.  Prior to the Reserve Officer Personnel Management Act (ROPMA), on 1 October 1996, four years time in grade and six years of commissioned service were required for promotion to CPT.  Based on that, the applicant's promotion eligibility date to CPT was 16 January 1994.  However, promotion consideration date was based on TIG; so, he was considered for promotion by the proper Board.

3.  The 1991 CPT Board was his earliest eligible board; however, he was not selected by that board.  He was selected for promotion by the April 1992 selection board under the 1992 criteria.  Since he was in the CAARNG at the time, he was promoted and extended Federal recognition by the NGB on 1 June 1992.  It appears that this promotion is a result of a mandatory selection board.

4.  With a CPT DOR of 1 June 1992, the 1999 selection board was the applicant's earliest eligibility board for promotion consideration to MAJ.  He was considered and selected for promotion by that board and was subsequently extended Federal recognition by the NGB for promotion to MAJ with a DOR of 13 January 1999.  At this point, the commissioned service requirement no longer existed. 

5.  It appears that the applicant was considered at the times he was eligible for consideration and although the record is not completely clear on his CPT's DOR, this Board presumes regularity, and as such, it is determined he was promoted on time with the correct DORs to both CPT and MAJ.  In view of the foregoing evidence, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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 for correction of the records of the individual concerned.



							XXX
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070011249



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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