IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130012173 


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:

   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.

2.  The applicant states:

* he was appointed as a staff specialist with a DOR of 27 July 2006 
* he should have been appointed as a Chaplain in the rank of 1LT and credited with 1 year time in grade (TIG) 
* his DOR should have been effective 27 July 2005

3.  The applicant provides:

* a DD Form 2088 (Statement of Ecclesiastical Endorsement)
* two Memoranda for Record (MFR)
* a DA Form 1059 (Service School Academic Evaluation Report)
* three DA Forms 67-9 (Officer Evaluation Report (OER))
* Special orders 

* National Guard Bureau (NGB) Form 23B (Army National Guard (ARNG) Retirement Points History Statement)
* an email

CONSIDERATION OF EVIDENCE:

1.  After prior service in the U.S. Coast Guard and ARNG, the applicant's record shows he is currently a member of the Indiana ARNG (INARNG) serving in the Chaplain Corps in the rank of 1LT.  

2.  His records show the INARNG approved his appointment as a 1LT with duty as a chaplain, effective 27 July 2006.  The applicant signed his Oath of Office on that same day.

3.  The applicant submitted:

   a.  A DD Form 2088, dated 17 February 2006, which shows he had 13 years of experience as a minister in the Ministry to the Armed Forces, The Lutheran Church-Missouri Synod.

	b.  An MFR, issued by the NGB, Arlington, VA, subject:  Adjusted Appointment for Chaplain (1LT), [the applicant's name], dated 12 August 2009, which stated:

   (1)  he was appointed as a staff specialist in the INARNG with a DOR of
27 July 2006;

   (2)  a review of pertinent documents indicated that in accordance with 
Army Regulation 135-100 he should have been appointed as a chaplain (1LT) with 1 year TIG; and 

		(3)  his effective DOR should have been 27 July 2005.

	c.  A DA Form 1059, which shows he attended and completed the Chaplain Basic Officer Leadership Course during the period 16 September to 
14 December 2007.

	d.  Three OERS which outline his performance during the rating periods from 
15 December 2008 through 1 July 2011.

   e.  Special Orders Number 327 AR, issued by the Departments of the Army and Air Force, NGB, dated 16 December 2011, which show he was promoted to CPT, Chaplain effective 15 December 2011.
	f.  An MFR, issued by the INARNG, 76th Infantry Brigade Combat Team, Headquarters, 1st Squadron, 152nd Cavalry Regiment, subject:  Request for Adjustment of Military Records for [the applicant's name], dated 25 January 2012, which indicates:

		(1)  The applicant was promoted to CPT on 16 December 2011 and his DOR to 1LT was 27 July 2006.  

		(2)  According to records from the NGB Chief of Personnel Chaplains, the applicant's DOR to 1LT needed to be adjusted to 27 July 2005, but this never happened on either the State or Federal levels.  

		(3)  Army Regulation 135-100, Table 3-1 stated "seven years or more of extensive practical experience in a ministry as documented on the DD Form 2088 and submitted by the individual's Ecclesiastical Endorsing Agency.  Credit 
1-Year."  The applicant had practiced ministry since 1992, which exceeded the 
7-year requirement.
   
		(4)  According to the current Reserve Officer Personnel Management Act (ROPMA), the applicant should have been promoted to CPT at a minimum of 2 to 5 years, which would have been around 27 July 2007.

		(5)  The applicant never received any adverse administrative action or punitive action under the Uniform Code of Military Justice.  His duty performance was flawless and he received two letters of recommendation for promotion.  He also exceeded the maximum ROPMA TIG requirements.

		(6)  Request the ABCMR review all pertinent documents that are relative to adjusting the applicant's 1LT and CPT DOR.

	g.  NGB Form 23B, prepared 30 January 2012, which shows he had 11 years, 
8 months, and 4 days of creditable service for retired pay.

	h.  An email, dated 16 October 2012, wherein the INARNG recommended his TIG to 1LT and CPT both be adjusted by 1 year with back pay and allowances.

4.  During the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, Headquarters, NGB.  The opinion recommended partial approval and stated:

   a.  The applicant's DOR to 1LT should be adjusted to 27 July 2005 with his DOR to CPT being adjusted by 1 year as opposed to the recommendation by the Squadron Adjutant's suggestion of 4 years.  As a result of the 1-year adjustment of DOR to 1LT, he should be given all back pay and allowances associated with said changes.  
   
   b.  Due to an administrative error at no fault of the applicant, he was appointed as a Chaplain, staff specialist in the INARNG with a DOR of 27 July 2006; however, his DOR should have been 27 July 2005 in accordance with Army Regulation 135-100, Table 1.
   
   c.  The MFR, dated 12 August 2009, states the applicant was appointed as a staff specialist in the INARNG on 27 July 2007.  A careful review of pertinent documents indicated the applicant should have been appointed with 1-year TIG with a DOR of 27 July 2005.  "A correction of appointment should be filed by the State to correct this action."

	d.  The applicant received Federal recognition to CPT on 15 December 2011, which should be adjusted by 1 year to 15 December 2010, based on the correction of his appointment to 1LT.  There is no justification to backdate his DOR to CPT to 27 July 2007, as recommended by the State.

	e.  In making this correction to the DOR to CPT, the applicant should be afforded all back pay and allowances associated with the change as the administrative error was no fault of his.  This action is to the benefit of the applicant as well as the ARNG.

	f.  The State concurs with request for correction.

5.  The applicant was provided a copy of the above advisory opinion and given an opportunity to reply to its content.  The applicant did not respond.

6.  Army Regulation 135-100 establishes responsibility and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army.  This Army regulation provides that the purpose of constructive service credit is to provide grade and DOR comparability.  This is for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field.  This paragraph also provides, in pertinent part, that the entry 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 amount of constructive service credit allowed and prior commissioned service allowed.  An applicant when appointed as a 1LT will be credited with the actual service and constructive service credit allowed; however, the number of years creditable as constructive service credit may not exceed 1 year.  Table 3-1 (Creditable Service Credit) of Army Regulation 135-100 provides, in pertinent part, that seven or more years of extensive practical experience in a ministry as documented on a DD Form 2088 submitted by the individual's Ecclesiastical Endorsing Agency is authorized 
1-year constructive service credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOR to 1LT should be adjusted to 27July 2005 and his DOR to CPT should be adjusted to 27 July 2007.

2.  The available evidence shows he should have been appointed to 1LT with a DOR of 27 July 2005.  

3.  In conjunction with the advisory opinion, the applicant's records show due to an administrative error the applicant was appointed to the rank of 1LT effective 
27 July 2006 and that he was not given 1 year of constructive credit for which he was qualified based on his civilian education and experience.

4.  Based on the applicable law and regulation and the fact that the applicant met the civilian education and experience requirements for award of constructive credit, he is entitled to have his DOR to 1LT adjusted to 27 July 2005 and to have Special Order Number 327 AR amended to show his DOR to CPT as 
15 December 2010.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x___  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 partial relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by: 

   a.  adjusting his date of rank to:
      
   (1) 1LT to 27 July 2005 and 
   
   (2) CPT to 15 December 2010.

   b.  amending Special Order Number 327 AR, dated 16 December 2011, to show his date of rank as 15 December 2010; and

   c.  paying him all back pay and allowances due as a result of this correction of his DOR to 1LT.

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 adjusting his DOR to CPT to
27 July 2007.  



      ___________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)                                         AR20130012173





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ABCMR Record of Proceedings (cont)                                         AR20130012173



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