IN THE CASE OF:	  

		BOARD DATE:	 9 July 2013 

		DOCKET NUMBER:  AR20130000543 


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 he be considered by a special selection board (SSB) for promotion to lieutenant colonel (LTC).  He also requests back pay associated with his corrected appointment grade from captain (CPT) to major (MAJ).

2.  The applicant states his appointment grade of CPT in 2004 was incorrect.  In 2012, the U.S. Army Human Resources Command (HRC) corrected his appointment grade to MAJ with 7 months and 12 days time in grade.  Instead of being appointed a CPT on 30 December 2004, his records were corrected to show he was appointed a MAJ with a date of rank (DOR) of 1 May 2004 (instead of 1 April 2005).  He states he should receive back pay associated with this change in his appointment grade.  Because his appointment grade was not corrected earlier, he missed an opportunity to be considered by the fiscal year (FY) 2010 Reserve Components LTC Promotion Board.  He would have also been able to include a complete-the-record officer evaluation report (OER) to be considered by the FY 2010 board.

3.  The applicant provides:

* original appointment memorandum from HRC
* request for correction of appointment grade
* corrected appointment memorandum from HRC


CONSIDERATION OF EVIDENCE:

1.  The applicant's request does not include any evidence that he has contacted the Defense Finance and Accounting Service concerning his back pay based on his corrected appointment to MAJ.  In the absence of such evidence, he has not shown that he has exhausted his administrative remedies concerning this issue.  As a result, the issue of back pay is not discussed further in these proceedings.

2.  He was initially commissioned a second lieutenant on 18 May 1990 in the U.S. Army Reserve (USAR).

3.  On 9 December 2004, he received an appointment in the grade of CPT in the Chaplain Corps.  He took the oath of office on 30 December 2004.  

4.  On 4 August 2008, he was ordered to active duty in Active Guard Reserve status.

5.  The FY 2010, LTC, Army National Guard of the United States (ARNGUS), Army Reserve Active Guard Reserve (AR AGR), and Army Reserve Non-Active Guard Reserve (AR Non-AGR) Chaplain Corps Promotion Selection Boards,  Competitive Categories convened on 27 October 2009.  Below the zone DORs were 1 April 2004 through 31 March 2005.

6.  The FY 2011, LTC, ARNGUS, AR AGR, and AR Non-AGR Chaplain Corps Promotion Selection Boards, Competitive Categories convened on 7 December 2010.  In the zone promotion DORs were 1 April 2004 through 30 June 2005.  The applicant was selected for promotion and assigned the sequence number 6.

7.  He was promoted to LTC effective 1 June 2011 with a DOR of 1 June 2011.

8.  On 18 December 2012, HRC issued a corrected copy of his appointment to show appointment to the grade of MAJ in the Chaplain Corps with a DOR of 
1 May 2004.

9.  In the processing of this case an advisory opinion was received from the Office of the Chief of Chaplains.

	a.  If the applicant's appointment grade and DOR had been correct he would have been considered for below zone promotion at the FY 2010, LTC, ARNGUS, AR AGR, and AR Non-AGR Chaplain Corps Promotion Selection Boards, Competitive Categories.

	b.  He was selected for promotion by the FY 2011 board; however, due to his incorrect DOR he was assigned the sequence number 6.  His sequence number should have been 1 because he was the senior officer on the list.

	c.  The board memorandum stated "Officers being considered in the below the zone category for promotion are not eligible for a complete-the-record report."

	d.  Recommended:

		(1)  SSB for the FY 2010, LTC, ARNGUS, AR AGR, and AR Non-AGR Chaplain Corps Promotion Selection Board, Competitive Categories.

		(2)  Adjust his current DOR to 15 March 2011, as he would have been the senior officer and the first promoted.

10.  The applicant was provided a copy of the advisory for his comments, but failed to provide a response.

11.  An email, dated 24 June 2013, from HRC, Officer Promotions Branch stated the applicant was promoted on 1 June 2011 based on his sequence number 6.  Because his DOR for MAJ was adjusted to 1 May 2004 his sequence number would have been 2 and his DOR would have been 1 April 2011.  Only the officers considered above the zone received the approval date of the board.

12.  Army Regulation 135-155 (Army National Guard and U.S. Army Reserve - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) states SSBs will not consider officers for below the zone promotion.

DISCUSSION AND CONCLUSIONS:

1.  As stated by the advisory opinion, "Officers being considered in the below the zone category for promotion are not eligible for a complete-the-record report."
Therefore, the applicant would not have been able to include an additional OER for the FY 2010, LTC, ARNGUS, AR AGR, and AR Non-AGR Chaplain Corps Promotion Selection Board, Competitive Categories.

2.  It is unfortunate the applicant did not receive a below zone category promotion consideration.  However, SSBs do not consider officers for below the zone promotion.

3.  The Office of the Chief of Chaplains stated the applicant would have been assigned the sequence 1 and promoted 15 March 2011 because he was the senior officer on the promotion list.  Information received from HRC indicates only those officers considered above the zone received the approval date of the board.  However, HRC also stated that based on the applicant's adjusted DOR to MAJ his sequence number would have been 2 and his DOR would have been 
1 April 2011.  Therefore, it would be appropriate to promote him to LTC effective 1 April 2011 with a DOR of 1 April 2011.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his sequence number as 2 on the FY 2011, LTC, ARNGUS, AR AGR, and AR Non-AGR Chaplain Corps Promotion Selection Boards, Competitive Categories promotion list and showing he was promoted to LTC effective 1 April 2011 with a DOR of 1 April 2011.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to an additional OER, an SSB, or an earlier promotion.  



      _______ _   _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)                                         AR20130000543



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ABCMR Record of Proceedings (cont)                                         AR20130000543



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