IN THE CASE OF:
BOARD DATE: 19 April 2011
DOCKET NUMBER: AR20100016784
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 captain (CPT) DOR of 12 April 2010 be corrected to show 3 September 2009, the date he was reappointed as a chaplain under the provisions of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), chapter 3-7.
2. The applicant states that Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), chapter 3-7, permits chaplain candidates who have completed the Chaplain Basic Officer Leadership Course, and who have sufficient time in grade as a 1LT, to be reappointed as captains once their chaplain packet is approved by the Chief of Chaplains Office.
3. The applicant provides copies of the following:
* DA Form 67-9 (Officer Evaluation Report) for the period 4 September 2009 to 2 January 2010
* DA Form 1059 (Service School Academic Evaluation Report) for the period 11 July 2006 to 8 September 2006
* NGB Form 23B (Army National Guard Retirement Points History Statement), prepared 12 April 2010
* National Guard Bureau, Special Orders Number 273 AR, dated
25 October 2006
* Florida National Guard, Office of the Adjutant General, Orders Number 254-001, dated 11 September 2009
* Florida National Guard, Office of the Adjutant General, Orders Number 327-007, dated 23 November 2009
* National Guard Bureau, Special Orders Number 86 AR, dated 4 May 2010
* Extract of Army Regulation 135-100, chapter 3-7
CONSIDERATION OF EVIDENCE:
1. The applicant completed Chaplain Officer Basic Course and he was promoted to 1LT as a Staff Specialist effective 8 September 2006.
2. On 3 September 2009, he was reappointed as a 1LT in the ARNG in the Chaplain branch.
3. Florida National Guard Office of the Adjutant General Orders 327-007, dated 23 November 2009, show he was promoted to captain in the Chaplains Corps, effective 29 October 2009. He was granted Federal recognition on 12 April 2010.
4. In the processing of this case an advisory opinion was obtained from the National Guard Bureau, Chief, Personnel Policy Division. The advisory official recommended the applicant's records be corrected to show he was reappointed as a CPT in the Chaplain Corps, effective the date he completed the Chaplain Officer Leadership Course on 3 September 2009, and that he be afforded all back pay and allowance. The advisory opinion notes that at the time the applicant was reappointed as a Chaplain, he had more than two years time in grade as a 1LT, was in a CPT position, and had completed the Chaplain Officer Leadership Course.
5. On 14 February 2011, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. He concurred with the opinion on 24 February 2011.
6. The applicant provides:
a. NGB Form 23B, dated 12 April 2010; and
b. Officer Evaluation Report for the period 4 September 2009 to 2 January 2010 which shows his principal Duty Title as the "Battalion Chaplain."
7. Army Regulation 135-100 prescribes policy and procedures for the appointment of commissioned in the ARNG of the United States (ARNGUS) and the United States Army Reserve (USAR). It states personnel who are appointed to the Chaplain Corps, have finished the Chaplain Basic Officer Course, and have two years time in grade as a 1LT or have two years of constructive credit will be appointed as a CPT with no extra time in grade (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his CPT DOR of 12 April 2010 be corrected to show
3 September 2009, the date he was reappointment as a chaplain under the provisions of Army Regulation 135-100, chapter 3-7.
2. Army Regulation 135-100 states personnel who are appointed to the Chaplain Corps, have finished the Chaplain Basic Officer Course, and have two years time in grade as a 1LT or have two years of constructive credit will be appointed as a CPT with no extra time in grade. The evidence shows that at the time he was reappointed as a Chaplain, he had served more than two years time in grade as a 1LT, had completed the Chaplain Officer Basic Course, and was serving in a CPT position.
3. It is appropriate to recommend the Army National Guard correct the applicants record to show his date of rank to CPT in the Chaplain Corps with an effective date of 3 September 2009.
4. In view of the above, his request should be granted.
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 State ARNG and Department of the Army records of the individual concerned be corrected by:
a. recommending the FLARNG correct Orders Number 254-001, dated
11 September 2009 to show his DOR as a CPT effective 3 September 2009.
b. recommending the NGB issue the applicant a special order extending him Federal recognition for promotion to CPT with an effective date and DOR of 3 September 2009; and
c. Department of Finance and Accounting Service audit his pay account based on the above corrections and pay him any monies due him as a result of this correction.
____________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.
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