IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20130006101 


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:

   a.  he be awarded constructive credit for his prior commissioned service and 
   
   b.  his appointment rank in the Chaplain Branch be changed to major.

2.  The applicant states:

	a.  upon his commission in 1998 he should have been granted constructive credit for his extensive work experience and prior commissioned service.

   b.  there are conflicting records pertaining to his prior commissioned service, but it is the opinion of the Personnel Manager at the Chief of Chaplain's office that he was never discharged.

3.  The applicant provides:

* Appointment letters, dated 6 August 1998 and 20 December 1983
* DA Forms 71 (Oath of Office), dated 13 August 1998 and 3 January 1984
* Discharge orders, dated 19 August 1986
* National Guard Bureau Form 22 (Report of Separation and Record of Service)
* Separation orders, dated 15 April 1985
* Reassignment orders
* Appointment orders, 27 June 1984
* Chronological Statement of Retirement Points
* Chaplain Constructive Credit Worksheets
* Notification of Promotion Status 

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) in the Staff Specialist Branch on 20 December 1983.  He was appointed in the Army National Guard (ARNG) on 1 April 1984 as a second lieutenant and he was honorably separated from the ARNG on 31 March 1985 and transferred to the USAR Control Group (Reinforcement).     

3.  On 6 August 1998, he was appointed as a first lieutenant in the USAR in the Chaplain Branch with 3 years of prior service credit. 

4.  He was promoted to major effective 10 July 2008.

5.  He provides a Chaplain Constructive Credit Worksheet from the Personnel Management Officer, Office of the Chief of Chaplains that shows:

* he received 14 years, 7 months, and 10 days of constructive credit for his prior commissioned service
* his entry Chaplain grade is major
* his time in grade is 7 months and 10 days

6.  In the processing of this case, a staff advisory opinion was obtained from the Personnel Management Officer, Office of the Chief of Chaplains, in Washington, D.C.  The advisory official recommends the applicant's appointment orders for the USAR, Chaplain Branch be modified to reflect an appointment grade of major based on 14 years, 7 months, and 10 days of constructive credit.  The advisory official states:

* there is no indication the applicant was discharged from the USAR and there is no record of a break in service
* he should have been awarded 14 years, 7 months, and 10 days of constructive credit in accordance with Table 3-2 (Qualifying Periods for Prior Active Commissioned Service Credit) of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) 
* Table 1-2 (Grade on Appointment)  of Army Regulation 135-100 states "Commissioned Service Credit:  14 years or more, but less than 21 years, Appointment Grade:  Major"
* that office provided a new constructive credit worksheet to the U.S. Army Human Resources Command Appointments Branch

7.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  On 29 April 2013, the applicant responded and stated:

* he was credited with his original service obligation of 6 years
* his retirement year ending date (RYE) is from his first commissioning, whereas a break of service should have been indicated by the generation of a new RYE date
* he was not given constructive service credit for his prior commissioned service and extensive work experience

8.  Table 1-2 of Army Regulation 135-100 states the appointment grade of an individual with commissioned service credit of 14 years or more, but less than 
21 years is major.

9.  Table 3-2 of Army Regulation 135-100 states commissioned service (other than as commissioned warrant officers) in an active status, but not on active duty, for persons appointed as Reserve commissioned officers will be credited with 1 year for each year served.

10.  Paragraph 6.1.1.3. of Department of Defense Instruction 1312.03 (Service Credit for Commissioned Officers) states that credit for prior service as a commissioned officer may not exceed 1 year for each year of commissioned service (except as a commissioned warrant officer) in an active status, but not on active duty, for persons appointed as Reserve commissioned officers.







DISCUSSION AND CONCLUSIONS:

1.  When the applicant was appointed as a first lieutenant in the USAR in the Chaplain Branch on 6 August 1998 he was awarded only 3 years of prior service credit.

2.  The advisory opinion points out that upon review of the applicant's records, it was determined he should have been credited with 14 years, 7 months, and 
10 days of constructive credit for his prior commissioned service.

3.  Based on the foregoing and the advisory opinion recommendation, it would be appropriate to adjust his constructive credit to 14 years, 7 months, and 10 days; correct his appointment orders for the Chaplain Branch to show an appointment grade of major; and adjust his date of rank (DOR) for major accordingly.

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:
 
	a.  adjusting his constructive service credit to 14 years, 7 months, and 10 days;

	b.  showing he was appointed in the USAR in the Chaplain Branch as a major on 6 August 1998;

	c.  adjusting his active service DOR for major accordingly; and




   d.  paying him any and all back pay and allowances due as a result of the above 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)                                         AR20130006101





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ABCMR Record of Proceedings (cont)                                         AR20130006101



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