IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110005049
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 date of rank (DOR) to first lieutenant (1LT), captain (CPT) and major (MAJ).
2. The applicant states he should have been awarded 2 years of constructive service credit at the time of his initial appointment. He claims this would have resulted in a 1LT DOR of 17 September 2001 which would also have resulted in his CPT DOR being 15 April 2004 and his MAJ DOR being 9 March 2010.
3. The applicant provides the following documents in support of his application:
* Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) extracts
* DD Form 2088 (Certificate of Ecclesiastical Endorsement)
* Academic Transcript
* DA Form 1059 (Academic Evaluation Report)
* Promotion Orders
CONSIDERATION OF EVIDENCE:
1. The applicants record contains a DD Form 2088, dated 14 November 2002. This document confirms the applicant had completed 10 years of professional ministry experience at the time. It also contains the following Federal Recognition (FEDREC) Orders pertaining to the applicant issued by the National Guard Bureau (NGB) that authorized the applicants initial appointment to 1LT and promotions to CPT and MAJ:
a. Special Orders (SO) Number (#) 282 AR, dated 6 November 2003, initial appointment with a 1LT DOR of 17 September 2003;
b. NGB SO # 32 AR, dated 1 February 2006, promotion to CPT with a DOR of 31 January 2006; and
c. NGB SO # 229 AR, dated 14 October 2010, promotion to MAJ with DOR of 7 October 2010.
2. In connection with the processing of this case an advisory opinion was obtained from the NGB Chief, Personnel Policy Division. This official recommends the applicants request be approved and that the applicant be provided all back pay and allowances due as a result of the correction. He states the ARNG Personnel Chaplains Office confirmed the applicant should have received 2 years of constructive service credit at the time of his initial appointment but received none. He further states all Chaplains are appointed as 1LTs with 1 year time in grade and those with 7 or more years of ministry experience at the time of their initial appointment receive an additional year of constructive service credit. As a result, the applicants 1LT DOR should have been established as 17 September 2001 at the time of his initial appointment. He finally recommends amendment of the applicable FEDREC orders to show his 1LT DOR as 17 September 2001, and the effective dates and DORs to CPT and MAJ as 9 April 2004 and 1 November 2009, respectively.
3. Army Regulation 135-100 prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States and the United States Army Reserve. Section III contains guidance on Chaplain appointments and paragraph 3-7 contains guidance on appointment grade and DOR. It states, other than identified exceptions, members will be appointed as 1LTs. It further states the appointment grade and DOR in commissioned officer grades will be determined by the entry grade credit awarded on appointment. The entry grade credit awarded will be the sum of the prior commissioned service allowed including the amount of constructive service credit. Table 3-7 contains guidance on additional constructive service credit and states, in pertinent part, that an additional year of constructive service credit will be authorized for 7 or more years of ministry experience.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for correction of his DOR to 1LT, CPT, and MAJ has been carefully considered and found to have merit.
2. The NGB opinion confirms the ARNG Personnel Chaplains Office confirmed the applicant should have received 2 years of constructive service credit at the time of his initial appointment but received none. It further outlines the appropriate corrections to the FEDREC orders authorizing his initial appointment as a 1LT and his promotions to CPT and MAJ. As a result, it would be appropriate to correct his DOR to 1LT, CPT and MAJ as outlined in the NGB advisory opinion and to provide him any 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 the evidence presented is 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. changing his DOR to 1LT to 17 September 2001;
b. changing the effective date of his promotion and DOR to CPT to 9 April 2004;
c. changing the effective date of his promotion and DOR to MAJ to
1 November 2009; and
d. providing him all back pay and allowances due as a result of these changes.
____________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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