IN THE CASE OF:	

		BOARD DATE:	  13 August 2008

		DOCKET NUMBER:  AR20080002830 


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, in effect, that the effective date of his promotion and date of rank (DOR) to captain (CPT) be adjusted to 27 April 2005; and that he be provided all back pay and allowances due as a result.  

2.  The applicant states, in effect, that he should have been appointed in the Chaplain Corp as a CPT; however, due to benign misinterpretation of the regulation, his constructive service credit was incorrectly calculated, which resulted in an incorrect awarding of rank.  He states that he was appointed a 
First Lieutenant (1LT) in the Chaplain Corps, Iowa Army National Guard (ARNG) with a DOR of 27 April 2005; however, he should have been appointed in the rank of CPT with 1 year time in grade (TIG).  He states that by July 2005, his record was amended to include 1 year TIG, and in October 2005, it was amended to include 2 years TIG.  He states that he was finally promoted to CPT on 23 January 2007.  He claims his promotion was unintentionally mismanaged and based on the governing regulation he should have been credited with a total of 5 years of constructive service credit.

3.  The applicant provides the following documents in support of his application:  Chaplain Corps Appointment Orders; Second Lieutenant (2LT), First Lieutenant (1LT), and CPT Federal Recognition Orders; Statement of Ecclesiastical Endorsement (DD Form 2088); CPT State Promotion Orders; and Appointment Rank Appeal Memorandum. 


CONSIDERATION OF EVIDENCE:

1.  On 6 March 2004, the applicant was appointed and granted Federal Recognition as a second lieutenant (2LT) in the ARNG in the staff specialist branch as a chaplain candidate.

2.  On 27 April 2005, the applicant was appointed and granted Federal Recognition as a 1LT in the Chaplain Corps. 

3.  On 23 January 2007, the applicant was promoted to and granted Federal Recognition in the rank of CPT.  

4.  In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB) Chief, Personnel Division.  This official recommends the applicant's record be corrected by changing his appointment rank to 1LT, effective 6 March 2004, by adjusting his CPT promotion effective date and DOR to 6 March 2006, and by providing him back pay due as a result of these changes.  

5.  On 5 May 2008, the applicant responded to the NGB advisory opinion.  He stated, in effect, that the NGB advisory opinion incorrectly restated his request by indicating he requested his date of rank be adjusted to 6 March 2006, when in fact he requested that his promotion effective date and date of rank be corrected to 27 April 2005, with 1 year time in grade.   

6.  Army Regulation 135-100(Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR).  Chapter 3, Section III, prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplains.  Chapters 1 and 2 apply except as otherwise provided in this section.  Members may be appointed as second lieutenants with assignment to the Staff Specialist Branch until they become eligible for appointment as 1LT.  A member when appointed as a 1LT will be credited with the actual service and constructive service credit allowed, such credit will not be less than 3 years service in an active status.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that at the time of his original 6 March 2004 appointment, the applicant was eligible to receive 1 year of constructive service credit based on his extensive practical experience; however, because the 
regulation provides that no matter the total of constructive service credit awarded, qualified members will receive a minimum of 3 years of constructive service credit if appointed a 1LT.  As a result, the applicant should have been appointed a 1LT based on the award of the minimum 3 years of constructive service credit required by the regulation, with no additional constructive service credit applied to his date of rank.  

2.  As a result of an adjustment to the applicant's appointment grade to 1LT, given he was qualified for promotion, he should have been promoted to CPT, effective and with a date of rank of 6 March 2006, as recommended in the NGB advisory opinion provided. 

3.  In view of the facts of this case, it would be appropriate to correct the applicant's record to show he was initially appointed and granted Federal Recognition as a 1LT, effective and with a date of rank of 6 March 2004.  It would also be appropriate to correct his record to show he was promoted to and granted Federal Recognition as a CPT, effective and with a date of rank of 
6 March 2006, and to provide him all back pay and allowances due as a result of these corrections, as recommended in the NGB advisory opinion provided. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 partial relief.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected, as appropriate, by:

	a.  showing he was initially appointed and granted Federal Recognition in the grade of 1LT on 6 March 2004;

	b.  he was promoted to CPT, effective and with a date of rank of 
6 March 2006; and 

	c.  providing him all back pay and allowances due based on these corrections.

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 showing his initial 6 March 2004 appointment grade as CPT.



      _________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)                                         AR20080002830



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ABCMR Record of Proceedings (cont)                                         AR20080002830



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