IN THE CASE OF:	  

		BOARD DATE:  3 July 2012

		DOCKET NUMBER:  AR20120008644 


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, in effect:

* an adjustment of his date of date (DOR) and effective date to captain (CPT) from 26 March 2010 to 21 May 2009
* restoration of back pay and allowances

2.  The applicant states based on his first lieutenant (1LT) DOR he was eligible for promotion to CPT on 29 April 2009; but due to an administrative delay, he was not promoted in the Michigan Army National Guard (MIARNG) until 
26 March 2010.  An ARNG chaplain may be promoted either by a promotion board or through a memorandum from the Chief of Chaplains.  In or around April 2009, his promotion packet went before a Federal Recognition Board (FRB) and shortly thereafter he was recommended for promotion by the Chief of Chaplains. The MIARNG issued a promotion order to CPT effective 21 May 2009.  The database reviewed by the National Guard Bureau (NGB) was not updated at the time and did not reflect his prior appointment.  As a result of this error, the board mistakenly thought he was ineligible for promotion.  After months of email, phone calls, and personal conversations, he was promoted to CPT on 26 March 2010. 

3.  The applicant provides:

* Memorandum from the Chief of Chaplains
* Orders 155-63 (State promotion to CPT)
* Appointment memorandum
* Email
* NGB Special Orders Number 62 AR

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the ARNG, Special Orders Number 
136 AR show the applicant was appointed as a second lieutenant (2LT), Staff Specialist, in the MIARNG and executed an Oath of Office on 21 March 2007.  He was assigned to the 1st Squadron, 126th Cavalry.

2.  He attended and successfully completed the Chaplain Basic Officer Leader Course from 16 September to 14 December 2007.  

3.  He was honorably separated from the ARNG on 28 April 2008.  

4.  He was reappointed in the MIARNG, Chaplain Corps, in the rank of 1LT, and executed an Oath of Office on 29 April 2008.  He was assigned to the 3rd Battalion, 238th Aviation.  However, there is no indication he received timely Federal recognition for this reappointment.

5.  On 21 May 2009, an FRB was held by the MIARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.  The FRB also noted the applicant received a favorable determination from the Chief of Chaplains Accession Board and was eligible for promotion to CPT.

6.  On 4 June 2009, the MIARNG published Orders 155-063 promoting the applicant to CPT, effective 21 May 2009.  

7.  On 22 June 2009, by memorandum to the Secretary of the Army, the Chief of Chaplains certified that the applicant (named as one of 10 officers) who would be eligible for consideration for promotion to the next higher grade by a selection board convened under Title 10, U.S. Code, section 14110(a), was needed at the rank of CPT to accomplish mission objectives, and was fully qualified for promotion to CPT. 

8.  On 11 August 2009, the U.S. Army Human Resources Command (HRC) issued the applicant an appointment memorandum as a Specialty Staff officer, effective 21 March 2007 (first appointment). 

9.  On 19 November 2009, the NGB published Special Orders Number 280 AR extending the applicant Federal recognition as a Chaplain, in the rank of 1LT, with a DOR of 29 April 2007 and effective date of 29 April 2008.
10.  On 2 April 2010, the NGB published Special Orders Number 62 AR extending him Federal recognition for promotion to CPT effective 26 March 2010. 

11.  Also on 2 April 2010, HRC issued him a memorandum promoting him to CPT with a DOR and effective date of 26 March 2010. 

12.  On 17 June 2010, he was ordered to active duty and on 28 February 2011, he was honorably released from active duty.

13.  Title 10, U.S. Code, section 14308f states the effective date of a promotion of a Reserve commissioned officer of the Army or the Air Force who is extended Federal recognition in the next higher grade in the ARNG under section 307 or 310 of Title 32, U.S. Code, shall be the date on which such Federal recognition in that grade is so extended. 

14.  The Reserve Officer Personnel Management Act (ROPMA) brought the Reserve Component officer promotion system in sync with the active component.  ROPMA states the effective date of promotion and DOR of an officer who is promoted under the position vacancy system is the date the Chief, NGB extends Federal recognition.  It is not the date of appointment into the position or the date of Federal Recognition Board if either of those dates is an earlier date.  Therefore, there is no entitlement to pay and allowances prior to the date the Chief, NGB extends Federal recognition. 

15.  Army Regulation 135-155 (Army National Guard and Army Reserve Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes the policies and procedures for the promotion of Reserve Component officers.  Table 2-1 provides the time in grade requirements for promotion of commissioned officers.  It states that for promotion from 1LT to CPT, the minimum number of years in the lower grade is 2 years and the maximum number of years in the lower grade is 5 years.

16.  The Department of the Army, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, memorandum, dated 4 April 2006, eliminated the mandatory CPT promotion selection board for Reserve of the Army Chaplain Corps officers in the Army Reserve, the Active Guard Reserve, and ARNG competitive categories.  The Office of the Chief of Chaplains will begin reviewing Reserve Component Chaplain Corps officers for promotion to CPT up to three times a year.  The approval authority for promotion to CPT remains the Secretary of Defense.

17.  National Guard Regulation (NGR) 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions) prescribes policies and procedures governing the appointment, assignment, temporary Federal recognition, Federal recognition, reassignment, and other personnel issues related to commissioned officers of the ARNG.  It states commissioned officers of the ARNG are appointed by the several States.  These appointments may be federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  

18.  Chapter 8 of NGR 600-100 states that the promotion of officers in the ARNG is a function of the State, and as in original appointments, a commissioned officer promoted by State authorities has a State status in the higher grade under which to function.  However, to be extended Federal recognition in the higher grade, the officer must have satisfied the promotion requirements.  It also states a commissioned officer must complete the required minimum years of promotion service prior to being considered for promotion and Federal recognition in the higher grade.  Promotion from 1LT to CPT requires a minimum of 2 years time in grade.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was initially appointed as a 2LT staff specialty officer in the ARNG on 21 March 2007 and he was extended Federal recognition for this appointment as evidenced by the Federal recognition order, dated 12 June 2007.

2.  After having completed the Chaplain Basic Officer Leader Course, he was separated from the ARNG on 28 April 2008 for the purpose of reappointment.  He was reappointed in the ARNG as a 1LT Chaplain and executed an Oath of Office on 29 April 2008, in what appears to be a unit vacancy.

3.  Prior to the NGB issuing Federal recognition for this reappointment, the applicant was considered by a State FRB for promotion to CPT on 21 May 2009. He was also identified in June 2009 by the Chief of Chaplains as fully eligible for promotion to CPT.

4.  It is unclear at what stage his CPT promotion packet was forwarded to the NGB but regardless of the date forwarded the NGB could not have processed his promotion recommendation to CPT because he had not been extended Federal recognition for reappointment as a 1LT. 


5.  Once his reappointment packet was submitted to the NGB he was extended Federal recognition in the rank of 1LT, with a DOR of 29 April 2007, effective 
29 April 2008.  Once done, his promotion packet was staffed and circulated through normal channels.  

6.  It is clear that the delay in processing his Federal recognition to 1LT caused a delay in his promotion to CPT.  Had his 1LT Federal recognition been timely processed, his promotion to CPT which was confirmed by the May 2009 FRB would have led the NGB to issue a promotion order earlier than the current one.  

7.  It is equally clear that this administrative error denied him permanent Federal recognition for promotion to CPT effective 29 May 2009.  Based on applicable law and regulation, he is entitled to have his Federal recognition orders amended to show the effective date of permanent Federal recognition in the rank of CPT as 29 May 2009.

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 State Army National Guard records and all Department of the Army records of the individual concerned be corrected by:

* showing he was granted Federal recognition to 1LT in a timely manner
* amending NGB Special Orders Number 62 AR, dated 2 April 2010 to show he was extended Federal recognition in the grade of CPT effective 21 May 2009
* amending the 2 April 2010 HRC memorandum to show he was promoted to CPT with a DOR and effective date of 21 May 2009
* 
paying to him all back pay and allowances due as a result of these corrections



      _______ _   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)                                         AR20120008644



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ABCMR Record of Proceedings (cont)                                         AR20120008644



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