IN THE CASE OF:	  

		BOARD DATE:	  17 July 2014

		DOCKET NUMBER:  AR20140007116 


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 adjustment of his date of rank (DOR) for captain (CPT).

2.  The applicant states:

	a.  his initial chaplain appointment rank of first lieutenant (1LT) was incorrect.  Upon his entry into the Army Reserve as a fully qualified chaplain in 1997, he should have been appointed as a CPT instead of 1LT.  At the time of his appointment as a chaplain, he had more than 7 years of prior commissioned service and he should have his appointment rank corrected to CPT. 

	b.  he has received federally recognized promotions to CPT and major (MAJ), and upon correction of his appointment rank to CPT, his successive promotion date to MAJ should be adjusted appropriately from 2 July 2007 to 1 June 2004. 

	c.  his subsequent primary zone consideration by a Promotion Selection Board (PSB) to lieutenant colonel (LTC) should begin with the 1 April 2004 through 30 June 2005 year group considered by the 7 December 2010 LTC Active Guard Reserve (AGR) PSB. 

	d.  the entry grade credit awarded to him upon his appointment as a chaplain on 10 November 1997 should have been the sum of his prior commissioned service.  Despite his 7 years, 4 months, and 1 day of previous service as a commissioned officer, the U.S. Army Human Resources Command (HRC) neglected to award him the proper entry grade credit upon his appointment as a chaplain.  

	e.  Army Regulation 135-100 (Appointment of Commissioned Officers and Warrant Officers of the Army) states that former commissioned officers will be appointed in the highest grade for which they qualify.  The regulation states that commissioned service credit for 7 years or more, but less than 14 years will result in the appointment grade of CPT and that 1 year of commissioned service will be credited for each year served.  Given the correct credit for his more than 7 years of previous commissioned service, he should have been appointed as a CPT on 10 November 1997.   

	f.  this initial error impacted all future promotions.  After bringing the appointment error to the attention of HRC for correction, they recognized their initial appointment error.  As a result, they recently issued a corrected appointment memorandum awarding him 7 years, 4 months, and 1 day time in grade (TIG) upon his appointment as a chaplain 1LT.  He should now have his appointment rank corrected to CPT.

	g.  in an email to the Chaplain Branch Manager, HRC stated that because the scroll process was not used at the time of the applicant's appointment, the only way they could correct his appointment rank to CPT was with the Army Review Boards Agency's authorization.  

	h.  he has already received a federally recognized promotion to MAJ, and upon correction of his appointment rank to CPT his successive promotion to MAJ should be adjusted appropriately from 2 July 2007 to 1 June 2004.  This is the date other chaplains in his year group were promoted.  He was educationally qualified for promotion to MAJ as of 30 April 2004.  His subsequent primary zone consideration by a board for promotion to LTC should begin with the year group considered by the 7 December 2010 LTC AGR PSB.    

3.  The applicant provides:

* Original chaplain appointment memorandum, dated 4 November 1997
* Corrected chaplain appointment memorandum, dated 8 April 2014
* Promotion order for MAJ
* HRC email
* DA Forms 1059 (Service School Academic Evaluation Report)
* Memoranda, dated 27 October 2000 and 24 March 2014
* Chronological statement of retirement points 


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 3 September 1986.  He was honorably discharged from the USAR on 4 January 1994 in the rank of 1LT after completing 7 years, 4 months, and 1 day of service.

2.  He was appointed as a 1LT in the USAR, Chaplain Corps, on 10 November 1997.

3.  He was promoted to:

* CPT on 28 September 2000
* MAJ on 2 July 2007 

4.  On 8 April 2014, his records were corrected to show he was appointed as a 1LT in the USAR with 7 years, 4 months, and 1 day TIG (constructive credit granted). 

5.  On 6 May 2014, in the processing of this case, a staff advisory opinion was obtained from the Personnel Management Officer, Office of the Chief of Chaplains.  The advisory official states:

	a.  the applicant, an AGR chaplain, was initially appointed as a 2LT on 
3 September 1986 and served for 7 years, 4 months, and 1 day, leaving the service with an honorable discharge on 4 January 1994.

	b.  after a three-year break in service, he received a second appointment from HRC as a 1LT on 10 November 1997.

	c.  his second appointment should have been as a CPT.  The governing regulation states that a prior officer with 7 years of previous commissioned service will re-enter the Army as a CPT.

	d.  on 8 April 2014, HRC realized this error and issued a new appointment memorandum appointing the applicant as a 1LT chaplain with 7 years, 4 months, and 1 day TIG.  As a 1LT with 3 years TIG chaplains are eligible for promotion to CPT.  When asked why HRC did not award the applicant as a CPT with 
4 months and 1 day TIG (vice a 1LT with 7 years), HRC's response was that only this Board could make that change and give the applicant the appropriate rank.

	e.  besides the error with the applicant's appointment rank, the applicant was wrongly not considered for promotion to CPT, MAJ, and LTC at the appropriate times and with the appropriate year groups.

	f.  in the new appointment memorandum issued on 8 April 2014, HRC gave the applicant 7 years, 4 months, and 1 day TIG as a 1LT.  Technically, he should have been appointed a CPT with 4 months TIG on 10 November 1997.  This is computed due to the fact that chaplains are typically appointed (from civilian status) with 3 years TIG.  The 3 years is computed as follows:  2 years as a 2LT and 1 year TIG as a 1LT, for all chaplains entering the service as a civilian.  For the applicant, 7 years and 4 months TIG as a 1LT should be computed as:  
2 years as a 2LT, 5 years as a 1LT, and appointed as a CPT with 4 months, 
1 days TIG.      

	g.  if appointed correctly as a CPT chaplain with 4 months TIG, he should have gone before the Reserve Component (RC) Chaplain (CH) MAJ PSB held in 2003, receiving his promotion in 2004.  Other chaplains in that year group have a DOR of 1 August 2004.  As it is currently, the applicant was considered in the RC CH MAJ PSB held in February 2007.  He should have been considered for promotion to MAJ over three years earlier.

	h.  if promoted to MAJ in 2004, he would be eligible for promotion in the primary zone of the RC CH LTC PSB held in December 2010.

	i.  the applicant completed all required officer PME in order to be considered for MAJ and LTC.  He successfully completed the Chaplain Captain Career Course in 2004 and the Intermediate Level Education in July 2009.  

	j.  after reviewing his petition for errors and injustices in his record, the advisory official concurs with the applicant that these errors need to be corrected.  He was correct in his assertions and regulations cited.  The applicant should be reinstated for back pay and allowances because of his unjust appointment rank, but the advisory official is not a subject matter expert on finances and cannot speak to the amounts needed for compensation.

	k.  the advisory official recommends:

		(1)  the applicant's DOR to CPT immediately be corrected to 9 July 1997 (his initial appointment was 10 November 1997 minus 4 months and 1 day).

		(2)  his DOR to MAJ be corrected to 1 August 2004.

		(3)  he be considered by a Special Promotion Board for consideration to LTC for a December 2010 primary zone look as soon as possible, or be given a DOR to LTC of 1 March 2011 (which is the date the RC CH LTC promotion results were released).

		(4)  award him all pay and benefits owed him because of these errors.  

6.  A copy of the advisory opinion was forwarded to the applicant for comment and possible rebuttal.  He did not respond.

7.  Table 1-2 (Grade on appointment) of Army Regulation 135-100 states former officers with 7 years or more, but less than 14 years, of commissioned service credit will be appointed in the appointment grade of captain. 

8.  Table 3-2 (Qualifying periods) 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 officer will be credited with 1 year for each year served.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was initially appointed as a 2LT in the USAR in 1986 and he served for 7 years, 4 months, and 1 day prior to his honorable discharge in January 1994.  

2.  After a 3-year break in service, he received a second appointment as a 1LT chaplain on 10 November 1997.  However, at the time of his second appointment he had 7 years, 4 months and 1 day of prior commissioned service.  In accordance with the governing regulation, he should have been appointed as a CPT. 

3.  Based on the foregoing, and per the advisory official's recommendation, it would be appropriate to correct the applicant's military records by:   

	a.  adjusting his DOR and effective date of promotion to CPT to 9 July 1997 (his initial appointment was 10 November 1997 minus 4 months and 1 day).

	b.  adjusting his DOR and effective date of promotion to MAJ to 1 August 2004.



	c.  submitting his records to a Special Selection Board (SSB) for consideration to LTC for a December 2010 primary zone look.

	d.  paying him all pay and allowances due as a result of these corrections.      

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 DOR and effective date of promotion to CPT to 9 July 1997;

	b.  adjusting his DOR and effective date of promotion to MAJ to 1 August 2004;

	c.  submitting his records to an SSB for consideration for promotion to LTC under the applicable criteria.

	d.  If before the SSB process is completed he is removed from the Reserve active status list:

(1)  Correct his records by continuing the SSB process;

      (2)  if selected for promotion by the SSB, further correct his records by voiding his removal from the Reserve active status list, showing he met all the eligibility criteria for promotion selection effective the approved date of the promotion selection board, promoting him in due course in accordance with Army Regulation 135-155 to LTC with the appropriate date of rank, and paying to him any associated back pay and allowances.

	e.  If not selected for promotion, notifying him accordingly.

	f.  paying him all pay and allowances 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)                                         AR20140007116



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ABCMR Record of Proceedings (cont)                                         AR20140007116



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