IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090014799
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 his active date of rank (ADOR) to captain be adjusted to 3 September 2002.
2. The applicant states the following:
* He was commissioned a Reserve commissioned officer on active duty on 12 May 1996 and he served 3.5 years on active duty
* he transferred to the U.S. Army Reserve (USAR) where he was promoted to captain on 3 September 2002
* he reentered active duty on 1 July 2003 via the Active Guard Reserve (AGR) program in the rank of captain with a DOR of 3 September 2002 and served on active duty until 30 June 2007 when he was appointed a chaplain in the Regular Army on 1 July 2007
* on 6 November 2007 his DOR was adjusted from 3 September 2002 to 1 July 2004
* his DOR as an active duty officer should not have been adjusted and subsequently reduced upon his appointment as Regular Army chaplain
* his DOR should be changed back to 3 September 2002 because regulations were unjustly applied to him in a compulsory, non-malice manner when he was appointed a chaplain
* a DOR of 3 September 2002 accurately reflects his qualifications and experience as an officer on active duty in addition to his rights provided by Title 10 U.S. Code 12301(d)
* an administrative reduction in his DOR is not supported through regulatory guidance and U.S. code nor does it serve any purpose for the Army or his professional career
3. The applicant provides:
* active duty orders dated 30 April 1996, 6 May 2003, 19 April 2006, and 12 June 2007
* orders, dated 6 November 2007, which adjusted his DOR
* an excerpt from Army Regulation 601-100 (Appointment of Commissioned and Warrant Officers in the Regular Army)
* an excerpt from Department of the Army Pamphlet 165-17 (Chaplain Personnel Management)
* an excerpt from Army Regulation 600-8-29 (Officer Promotions)
* an excerpt from Army Regulation 135-18 (The AGR Program)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the U.S. Marine Corps and the Army National Guard (ARNG), the applicant was appointed a Reserve commissioned officer of the U.S. Army in the rank of second lieutenant (infantry) on 12 May 1996. On
1 December 1999, he was honorably discharged from active duty and accepted an appointment in the Army National Guard on 2 December 1999 in the rank of first lieutenant for miscellaneous/general reasons. He accepted appointment in the ARNG on 2 December 1999. He transferred to the USAR on 3 July 2001. While in the USAR, he was promoted to captain on 3 September 2002. He was ordered to active duty in an AGR status on 22 June 2003. On 30 June 2007, he was released from active duty and transferred to the USAR Control Group (Reinforcement).
2. On 1 July 2007, the applicant was ordered to active duty in the rank of captain as a chaplain in the Regular Army for a period of 3 years to fulfill an Active Army requirement.
3. On 6 November 2007, the applicant's ADOR to captain was adjusted to 1 July 2004.
4. In the processing of this case, a staff advisory opinion was obtained from the Deputy Chief, Promotions Branch (Active Component), U.S. Army Human Resources Command, Alexandria, Virginia. The advisory opinion states the applicant entered active duty on 1 July 2007 from the Reserve and while he was on active duty in the AGR program his promotion fell under the provisions for the Reserve component. This is not the same as being on the active duty list which is governed by Title 10, U.S. Code, chapter 36. The opinion points out Army Regulation 600-8-29, paragraph 1-42b(2), specifically states that the ADOR is the date he/she is placed on the active duty list backdated by 3 years or the period calculated, whichever is less. The advisory opinion recommends that the applicant's request be denied.
5. A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal. The applicant did not respond within the given time frame.
6. Paragraph 1-42b(2) of Army Regulation 608-8-29 states the ADOR for other than Regular Army chaplains is the date they were placed on the active duty list backdated by either 3 years or the period calculated, whichever is less.
7. Department of the Army Pamphlet 165-17 (Chaplain Personnel Management), paragraph 2-13b, states chaplains accessed to active duty are not awarded more than 3 years date of rank upon inclusion on the active duty list (ADL). This policy maintains the integrity of the chaplain competitive category promotion system and ensures that chaplains with Reserve Components service credit are competitive when appearing before Department of the Army Centralized Promotion Boards.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the governing regulation states chaplains accessed to active duty are not awarded more than 3 years date of rank upon inclusion on the ADL.
2. The applicant was promoted to captain in the USAR on 3 September 2002 with a DOR of 3 September 2002. He was not placed on the ADL until he was ordered to active duty on 1 July 2007 as a chaplain. Shortly thereafter, in accordance with the governing regulation, his DOR for captain was properly adjusted to 1 July 2004.
3. The intent of the policy is too protect the individuals, to ensure they receive at least one officer evaluation report in their appointed grade prior to becoming eligible for promotion to the next higher grade, thus ensuring their competiveness with their peers who have been on the ADL all along.
4. Therefore, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ____X___ ___X____ 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.
_______ _ 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) AR20090014799
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ABCMR Record of Proceedings (cont) AR20090014799
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