IN THE CASE OF:	  

		BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140001767 


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 correction of his date of rank (DOR) to captain (CPT) from 17 July 2013 to 15 August 2011 with back pay and allowances (i.e., correction of his effective date of promotion).

2.  The applicant states:

	a.  He should receive back pay for the rank of CPT for the 2 years he spent as a first lieutenant (1LT) after accessioning into the Army Chaplain Corps.  He had been a 1LT for almost 3 years when he accessioned and therefore was entitled to the rank of CPT upon accession since he occupied a battalion chaplain position.

	b.  He was eligible for a unit vacancy promotion to CPT when he accessioned to the Chaplain Corps from the Chaplain Candidate Program.  Instead, his time in grade (TIG) as a 1LT was erroneously reset at accessioning, thus delaying his promotion and associated benefits for 2 years. 

3.  The applicant provides:

* chaplain Federal recognition letter
* 1LT promotion letter
* CPT promotion letter
* State promotion letter
* State appointment letter
* State amended appointment letter
CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted active service in the U.S. Navy and inactive service in the Army National Guard, the applicant was appointed as a second lieutenant in the North Carolina Army National Guard (NCARNG) on 26 October 2006.  He was promoted to 1LT on 26 October 2008.

2.  He completed the:

* first phase of the Chaplain Basic Officer Leader Course (BOLC) on 3 July 2008
* second phase of the Chaplain BOLC on 13 February 2009
* third phase of the Chaplain BOLC on 2 September 2010

3.  He was appointed as a 1LT in the ARNG in the Chaplain Corps on 15 August 2011 with a DOR of 15 August 2011.  These orders were amended in November 2011 to show his DOR as 15 August 2010.

4.  He was promoted to CPT on 17 July 2013 with a DOR of 17 July 2013.

5.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau (NGB), dated 16 July 2014.  The Deputy, Personnel Policy Division, recommends partial approval of the applicant's request.  The opinion states:

	a.  The applicant contends his DOR to CPT was delayed due to an administrative error for adjusting his DOR to 1LT by the NCARNG.  Through no fault of his own, this delayed him from promotion to CPT by 2 years.

	b.  The applicant was promoted to 1LT in the Staff Specialist Branch on 26 October 2008 upon completion of the first phase of the Chaplain BOLC on 3 July 2008.  He was reappointed as a 1LT in the Chaplain Corps in the NCARNG on 15 August 2011 upon completion of the second phase of the Chaplain BOLC on 13 February 2009.

	c.  The Federal recognition orders show the applicant's initial appointment as a 1LT in the Chaplain Corps as 15 August 2011.  Army Regulation 135-100 (ARNG and Army Reserve – Appointment of Commissioned Officers and Warrant Officers of the Army), paragraph 3-7a(3), states, "…begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field."  Thus, the applicant was eligible to receive 1 year of credit with the actual service and constructive service credit for completion of his third phase of the Chaplain BOLC on 2 September 2010.  Therefore, the Federal recognition orders amended his DOR of 1LT to 15 August 2010 and he was promoted to CPT on 17 July 2013.

	d.  Army Regulation 165-1 (Army Chaplain Corps Activities), paragraph 7-9, states, "Chaplain Candidates will complete Chaplain BOLC as soon as possible.  The ARNG Chaplain Candidates will complete Chaplain BOLC within 3 years of their commissioning."  Also, Army Regulation 135-100, paragraph 3-7, states, "Applicants may be appointed as second lieutenants with assignment to the Staff Specialist Branch….  This is until they become eligible for appointment as first lieutenant in the Chaplain Branch.  An applicant, when appointed as a first lieutenant, will be credited with the actual service and constructive service credit allowed under (3) and (4) below, Table 3-1 and 3-2."

	e.  Army Regulation 165-1, paragraph 7-10, states, "An Army Promotion list (APL) Board meets annually to promote 1LTs to CPT (promotion to CPT requires completion of Chaplain BOLC)."  Also, National Guard Regulation 600-100 (Commissioned Officers, Federal Recognition and Related Personnel Action), paragraph 8-4, states "An ARNG officer's years of service for purposes of promotion and Federal recognition will be computed in accordance with Title 10, U.S. Code, section 3350.  Such service is generally computed by adding all service that the officer has or is credited by the Secretary of the Army with having, in grade in the Army, or at the discretion of the Secretary of the Army, any other Armed Force, while in an active status or as a Regular officer on the active list of that service, or on the active duty list of the U.S. Army."

	f.  The applicant met all qualifications and requirements for promotion to 1LT in the Chaplain Corps in the NCARNG on 15 August 2011 and he received 1 year of constructive credit in order to change his DOR to 1LT effective 15 August 2010.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-2, states, "Promotion to captain (CPT) and above requires a minimum number of years TIG.  If an officer received service credit for prior commissioned service and/or constructive service credit on appointment…"  Also, Table 2-1 of Army Regulation 135-155 and the memorandum for the Deputy Chief of Staff, G-1, Chief, Army Reserve Director, ARNG, states, "Time in grade requirements…
commissioned officer, other than commissioned warrant officer from 1LT to CPT is 2 years minimum and 5 years maximum."  National Guard Regulation 600-100, paragraph 8-2, states "Promotion criteria will be based on efficiency, time in grade, time in commissioned service, demonstrated command and staff ability, military and civilian education, and potential for service in the next higher grade."

	g.  According to an electronic message from the Chaplain Branch, NGB, the applicant received benefit from his appointment as a 1LT chaplain with 12 months of TIG, so they suggest no correction to his DOR to CPT.  However, this office (i.e., Personnel Policy Division) recommends an adjustment to his DOR to CPT with an effective date of 14 August 2012, 2 years of TIG from his DOR of 1LT and receipt of any back pay and allowances as a result of the correction of his promotion to CPT.

	h.  The NCARNG concurs with this recommendation.

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He responded as follows:

	a.  He questions whether all of his TIG as a 1LT in the Staff Specialist Branch counts toward promotion to CPT in the Chaplain Branch.  Based on the advisory opinion, it appears not.

	b.  He questions whether chaplain candidates get promoted to CPT upon accessioning into the Chaplain Corps if all training, educational, and TIG requirements have been met.  When he accessioned in August 2011, he had met all requirements and thought he would be promoted to CPT at that time, not assigned as a 1LT, a rank which he had been holding since October 2008.

	c.  If he is incorrect in his assumptions above, then he accepts the ABCMR recommendation to reset his DOR for CPT to August 2012 and receive all back pay and allowances as a result of this correction.

7.  Title 10, U.S. Code, section 14308(f) states that the effective date of a promotion of a Reserve commissioned officer in the Army who is extended 
Federal recognition in the next higher grade in the ARNG shall be the date in which such Federal recognition in that grade is so extended.

8.  Authority granted to the Secretaries of the Military Departments in Secretary of Defense Memorandum, subject:  Redelegation of Authority under Executive Order 12396, dated 9 December 1982, to appoint officers under section 624 of Title 10, U.S. Code, in the grades of O-2 and O-3 was rescinded effective 1 July 2005 based on advice from the Department of Justice that prohibits redelegation below the Secretary of Defense of the President's authority to appoint military officers.  All military officer appointments under section 12203 of Title 10, U.S. Code, including original appointments, in the Reserve of the Army, Reserve of the Air Force, Naval Reserve, and Marine Corps Reserve, not previously approved by 30 June 2005, shall also be submitted to the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DOR to captain be adjusted to 15 August 2011 with the applicable back pay.  

2.  He contends his DOR to CPT was delayed two years due to an administrative error for adjusting his DOR of 1LT by the NCARNG.

3.  The evidence shows the applicant was appointed as a 1LT in the NCARNG in the Chaplain Corps on 15 August 2011 with a DOR of 15 August 2010.  He completed the Chaplain BOLC on 2 September 2010 and met the TIG requirement (2 years) on 14 August 2012.  In addition, he contends he was eligible for a unit vacancy promotion when he accessioned to the Chaplain Corps.  

4.  Based on the foregoing, it would be appropriate to adjust his DOR to captain to 14 August 2012.

5.  However, by law all military officer appointments are required to be placed on a scroll and be processed through various channels up to the Secretary of Defense.  He could not have been promoted to CPT until the scroll was approved by the Secretary of Defense.  Scrolling actions are not within the purview of this Board.  His effective date of promotion to CPT seems appropriate and reasonable and should not be adjusted.

6.  In view of the foregoing, there is insufficient evidence on which to base granting the full requested relief.

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 adjusting his DOR to captain to 14 August 2012.

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 15 August 2011 or changing the effective date of his promotion (i.e., the applicable back pay).



      ______________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)                                         AR20140001767



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ABCMR Record of Proceedings (cont)                                         AR20140001767



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