IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003174
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 date of rank to captain (CPT)/O-3 be adjusted to 7 May 2007.
2. The applicant states:
* his initial appointment on 7 May 2006 specified he would receive 1-year time in grade (TIG)
* his appointment order did not give him the 1-year TIG and set his date of rank (DOR) to 7 May 2006 instead of 7 May 2005
* his appointment order was revoked after 17 months and a new order was issued correcting his DOR for first lieutenant (1LT)
* the error did not allow for his promotion to occur in May 2007; therefore, his promotion to CPT was delayed until 8 February 2008
* promotion to CPT is an administrative promotion and only required he complete the Chaplain Basic Officer Course and 24 months TIG
* he completed the course on 7 April 2006 and this made him eligible for promotion in May 2007
* the administrative error is impacting his promotion to major (MAJ)
* he is presently sitting in an O-5 slot and correcting the error would help his position
3. The applicant provides:
* Orders C-05-613500, U.S. Army Human Resources Command, St. Louis, MO, dated 17 May 2006
* Orders C-05-613500R, U.S. Army Human Resources Command,
St. Louis, MO, dated 26 October 2007
* Orders C-10-730009, U.S. Army Human Resources Command, St. Louis, MO, dated 29 October 2007
* DA Form 71 (Oath of Office Military Personnel), dated 7 May 2006
* an appointment letter, dated 14 March 2006
* DA Form 1059 (Service School Academic Evaluation Report), dated 7 April 2006
* Orders B-02-801145, U.S. Army Human Resources Command, St. Louis, MO, dated 14 February 2008
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. After having had prior enlisted service in the Air Force Reserve, Regular Air Force, and as a commissioned officer in the Regular Army and Army National Guard, the applicant was appointed a Reserve 1LT on 7 May 2006.
3. The applicant's appointment memorandum shows he was credited with 3 years of service in an active status.
4. On 10 May 2012, during the processing of this case, the Office of the Chief of Chaplains provided an advisory opinion. The advisory official recommended approval of the applicant's request and stated, in part, that:
* the applicant is correct in his request; his records were not reviewed in 2007 because his DOR was not correct and this delayed his promotion to CPT
* he would have gone before the summer of 2007 Chaplain CPT Certification Review if his 1LT DOR was 7 May 2005
* he would have been eligible for review after 7 May 2007 and would not have been promoted until the Secretary of Defense approved the list
* a records review of all current USAR chaplain CPTs shows the common date of rank for the applicant's peers is 7 August 2007
5. On 10 May 2012, the advisory opinion was provided to the applicant for comment and he responded on 16 May 2012 indicating he accepts the recommendation of the Office of the Chief of Chaplains and asks the Board to consider any differential back pay from 7 August 2007 to February 2008. He further stated he was deployed to Iraq during that time period.
6. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), chapter 3, section III, addresses appointment of chaplains. It states qualified applicants without prior commissioned service will be credited with 3 years of service in an active status, and they will be appointed in the rank of 1LT. Table 3-1 states an additional 1 year of constructive service credit (CSC) may be granted based on seven or more years of extensive practical experience in a ministry as documented on the DD Form 2088 (Statement of Ecclesiastical Endorsement) submitted by the individual's Ecclesiastical Endorsing Agency.
DISCUSSION AND CONCLUSIONS:
1. The applicant's 1LT DOR was corrected 17 months after the fact. This delayed his promotion opportunity for CPT. The Office of the Chief of Chaplains confirmed the applicant would have been eligible for a review after 7 May 2007 and the DOR for his peers is 7 August 2007.
2. In view of the above, as a matter of equity it would be appropriate to correct the applicant's records to show his CPT DOR as 7 August 2007.
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 CPT with a date of rank and effective date of 7 August 2007
* paying to him all back pay and allowances due 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.
ABCMR Record of Proceedings (cont) AR20120003174
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120003174
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006558
The applicants military service records contain a copy of Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 19 June 2003, subject: Appointment as a Reserve commissioned officer of the Army Under Title 10, USC 12202 and 12203, that shows, in pertinent part, the applicant was appointed as a Chaplain Reserve Commissioned Officer of the Army in the grade of 1LT, effective 20 June 2003, and credited with 3 years of service in an active status. The evidence...
ARMY | BCMR | CY2015 | 20150009340
IN THE CASE OF: BOARD DATE: 24 September 2015 DOCKET NUMBER: AR20150009340 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of: * his date of rank (DOR) in the U.S Army Reserve (USAR) * items 12a (Record of Service Date Entered AD This Period) and 12i (Effective Date of Pay Grade) of his DD Form 214 (Certificate of Release or Discharge From Active Duty) for the period ending 16 September 2011 2. The evidence of record shows that on 31 July 2006, the...
ARMY | BCMR | CY2013 | 20130012173
The applicant requests, in effect: a. adjustment of his date of rank (DOR) to first lieutenant (1LT) in accordance with Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), Table 3-1 (Creditable Service Credit); b. his DOR to captain (CPT) be adjusted based on the time in service requirements from 1LT to CPT. Table 3-1 (Creditable Service Credit) of Army Regulation 135-100 provides, in pertinent part, that seven or more years of extensive practical...
ARMY | BCMR | CY2009 | 20090011366
The applicant requests, in effect, correction of her records to show she was granted 3 years of constructive service credit upon appointment as a commissioned officer and adjustment of her dates of rank (DOR) for first lieutenant (1LT)/pay grade O-2 and captain (CPT)/O-3. The applicant contends that her records should be corrected to show she was granted 3 years' constructive service credit upon appointment as a 1LT (Chaplain) in the ARNG, adjustment of her DOR for 1LT to 23 September 2002,...
ARMY | BCMR | CY2007 | 20070012941
The applicant requests correction of his records to show he was appointed in the U.S. Army Reserve (USAR), Chaplain Corps, as a captain (CPT)/O-3 instead of 1st lieutenant (1LT)/O-2; correction of his effective date of rank as a CPT/O-3 to 20 June 2003 instead of 13 April 2006; and, in effect, all back pay as a result of this correction. Applicants without prior commissioned service will be credited with 3 years service in an active status. The date of rank of an officer commissioned in...
ARMY | BCMR | CY2009 | 20090012799
This official stated that prior to promotion to CPT as a CH an officer must be certified by the OCCH as to his eligibility for promotion. As a result, he was promoted to CPT with an effective DOR of 24 June 2009, the date the FLAG was removed. Therefore he was not eligible for review until the March 2009 OCCH board, and as a result his DOR to CPT of 24 June 2009 is correct.
ARMY | BCMR | CY2009 | 20090020317
The evidence of record shows he was appointed as a 1LT, Chaplain Corps, with a DOR of 25 August 1994. Once he is appointed in the USAR in the correct grade, USAHRC officials should determine the earliest dates he would have qualified for consideration for promotion to MAJ and LTC and, if necessary, have his records be considered for promotion by a special selection board to MAJ and LTC, under the appropriate year(s) criteria, as soon as he became eligible for such promotions based on his...
ARMY | BCMR | CY2013 | 20130020824
c. Orders C-05-107694A01, issued by HRC on 21 June 2012, amended Orders C-05-107694 by correcting his DOR to 1LT from 4 March 2011 to 4 March 2010. d. An email from the Office of the Chief of Chaplains, dated 23 October 2013, wherein he was advised that he was given the 1-year TIG when he was appointed and his DOR should have been 4 March 2010. Based on his award of 3 years of creditable service credit and 2-years TIG requirement for promotion to CPT, and meeting all other requirements, he...
ARMY | BCMR | CY2007 | 20070013057
The applicant states that he was selected for promotion to CPT by the November 2004 Mandatory Promotion Board and attained the maximum time in grade (TIG) as a first lieutenant (1LT) on 1 April 2005. Memorandum, Department of the Army, Office of the Deputy Chief of Staff, G-1, dated 10 March 2005, stated that officers recommended for promotion by mandatory promotion boards will be promoted on the date they attain maximum TIG or upon assignment to a higher grade unit position, whichever is...
ARMY | BCMR | CY2015 | 20150003379
In a previous application addressed in Army Board for Correction of Military Records (ABCMR) Docket Number AR20090014960, dated 27 May 2010, the Board determined he had not received the appropriate constructive credit for civilian ministry experience and directed correction of his record to show he was appointed in the Chaplain Corps of the U.S. Army Reserve (USAR) at the rank of captain (CPT) effective 20 June 2003. However, on 10 June 2008, the Board determined there were no errors in his...