IN THE CASE OF:
BOARD DATE: 23 September 2008
DOCKET NUMBER: AR20080005370
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 correction of his effective date and date of rank for captain.
2. The applicant states that his current date of rank for captain is 8 January 2008. It should be changed to 19 July 2007. His date of rank for first lieutenant was previously corrected by the Board to 19 July 2005, making him eligible for promotion to captain effective 19 July 2007.
3. The applicant provides copies of the previous Board proceedings, Federal Recognition Orders, and a memorandum from the National Guard Bureau.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a member of the Arizona Army National Guard (AZARNG) serving as a chaplain in the rank of captain.
2. Special Orders Number 246, National Guard Bureau, dated 27 September 2006, announced the extension of Federal Recognition to the applicant as a first Lieutenant in the AZARNG with a date of rank of 19 July 2006. This order was amended by Special Orders Number 244, National Guard Bureau, dated
11 October 2007, to adjust his effective date and date of rank to 19 July 2005.
3. In a memorandum, National Guard Bureau, dated 30 January 2008, the applicant was promoted to the rank of captain with an effective date and date of rank of 28 January 2008.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau. It stated that beginning on
1 October 2006, the Office of the Chief of Chaplains (OCCH) reviews the performance records of Reserve Component Chaplains up to three times per year. Minimum eligibility is 24 months time in grade as a first lieutenant as of the date of the review and the individual must have not less than 12 months in an active status. Officers whose files contain no adverse information, are not flagged, and are graduates of either an Active Component or Reserve Component Chaplain officer basic course will be considered fully qualified for promotion to captain. The advisory opinion recommended that the applicants promotion effective date and date of rank for captain be adjusted to 19 July 2007 and that he receive all back pay and allowances.
5. On 15 April 2008, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that in October 2007, the applicants promotion to first lieutenant was adjusted from 19 July 2006 back to 19 July 2005. Subsequently, in January 2008, he was promoted to captain.
2. Based on the promotion criteria for captain, the applicants effective date and date of rank should be adjusted back to 19 July 2007. Furthermore, he should be paid all back pay and allowances due as a result of this correction.
BOARD VOTE:
___X____ ___X____ ____X __ 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:
a. adjusting his date of rank for captain to 19 July 2007; and
b. amending Special Orders Number 25 AR, National Guard Bureau, dated 30 January 2008, to show the individuals effective date/date of rank for captain as 19 July 2007.
__________ _ 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) AR20070015723
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080005370
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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