IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011511
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 a correction of his promotion effective date and date of rank (DOR) to captain (CPT).
2. The applicant states it was his understanding that as an Army chaplain he would be promoted to CPT after serving as a first lieutenant (1LT) for two years. When he was not asked to submit a promotion packet in 2008, he was told by several people he would have to wait until the next year to be promoted. He states that when his contemporary 1LTs began to get promoted, he researched the matter and finally was informed by the chaplain manager he would be promoted in March 2009, and his promotion effective date would be backdated and he would receive back pay.
3. The applicant provides 1LT and CPT promotion orders, dated 3 February 2006 and 16 June 2009, respectively.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he was appointed a second lieutenant (2LT) in the Staff Specialist (SS) branch of the United States Army Reserve (USAR) and entered an active status in that component on 5 December 2003.
2. The record also shows the applicant was promoted to 1LT on 4 December 2005.
3. On 4 April 2006, the applicant completed the chaplain (CH) officer basic course (OBC), and he was reappointed as a CH on 7 August 2006. He was promoted to CPT on 11 June 2009.
4. In connection with the processing of this case, an advisory opinion was obtained from a Personnel Management Officer (PMO) of the Office of the Chief of Chaplains (OCC). This official opines that the applicant should have been considered for promotion by the CPT Certificate Review of the OCC once he had two years in grade as a 1LT (4 December 2007). He further indicates that based on the implementing guidance contained in a CH Certification Review Policy Memorandum, dated 4 April 2006, as an officer who had been omitted from consideration should have been processed for promotion approval in a separate action. He further opines the applicant should have his promotion date adjusted to the earliest possible date based on being fully qualified and meeting the promotion criteria outlined in the 4 April 2006 "Fully Qualified Certification Process to Promote Reserve Component Chaplain Corps First Lieutenants to Captain" policy memorandum.
5. On 19 August 2010, the applicant concurred with the OCC advisory opinion.
6. A Department of the Army (DA), Principal Deputy Assistant Secretary (Manpower & Reserve Affairs) memorandum, Subject: "Implementation of Fully Qualified Certification Process to Promote Reserve Component Chaplain Corps First Lieutenants to Captain," dated 4 April 2006, outlined procedures to process 1LT promotions to CPT for CH officers. It stated the eligibility requirements to be promoted under this process was 24 months time in grade as a 1LT, 12 months in an active status, and completion of the CH OBC.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his CPT promotion date and DOR should be corrected has been carefully considered and found to have merit.
2. Under DA policy implemented on 4 April 2006, qualified and eligible chaplains in the rank of 1LT were authorized to be promoted to CPT upon completion of
24 months of time in grade as a 1LT, 12 months in an active status, and completion of the CH OBC.
3. The evidence of record confirms the applicant entered an active status in the USAR on 5 December 2003, he was promoted to 1LT on 4 December 2005, and he completed the CH OBC on 4 April 2006. As a result, he should have been promoted to CPT on 3 December 2007, upon completing 24 months time in grade as a 1LT.
4. In view of the facts of this case, it would appropriate to correct the applicant's record to show he was promoted to CPT effective and with a DOR of
3 December 2007 and to provide him all back pay and allowances due as a result.
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 showing he was promoted to captain effective and with a date of rank of
3 December 2007 and by providing him all back pay and allowances due as a result.
_______ _ _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) AR20100011511
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ABCMR Record of Proceedings (cont) AR20100011511
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