IN THE CASE OF: 

		BOARD DATE:	  20 August 2014

		DOCKET NUMBER:  AR20140008409 


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 current date of rank (DOR) to captain (CPT)/pay grade O-3 to a date that provides credit for approximately
3 years' time in grade (TIG) based on his prior service in the grade of O-3.

2.  The applicant states he previously served on active duty (AD) in the Quartermaster (QM) Corps and he was promoted to CPT with a DOR of
1 September 2004.  He was honorably released from active duty (REFRAD) on 31 July 2005 in the rank of CPT.

   a.  He continued to serve in the U.S. Army Reserve (USAR) and then in the Army National Guard (ARNG).  He was appointed as a Chaplain in the New Hampshire ARNG (NHARNG) on 1 March 2010 and his DOR was adjudicated as 1 March 2010.  However, his DOR should have been adjusted to 1 March 2007 to reflect 3 years credit for the TIG that he had completed as a CPT.

   b.  On 4 August 2011, he reentered AD in the rank of CPT with a DOR of 
1 March 2010.  However, once again, his DOR was not adjusted (to 4 August 2008) to reflect 3 years credit for the TIG that he had completed as a CPT.

   c.  He states that as a result of the DOR error he will not be eligible to compete for promotion to major (MAJ)/pay grade O-4 in the primary zone until October 2019.  At that point, he will have been a CPT for 15 years.


3.  The applicant provides copies of the following documents:

* appointment documents
* active duty and promotion orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* email message thread

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the USAR, in the rank of second lieutenant (2LT)/pay grade O-1, in the QM Corps on 28 April 2001 and ordered to AD for a period 4 years.  He was promoted to CPT effective and with a DOR of
1 September 2004.

2.  A DD Form 214 shows he was honorably REFRAD on 31 July 2005 and transferred to the USAR Control Group (Reinforcement).  He had completed
4 years, 3 months, and 3 days of net active service this period.

3.  The applicant tendered his resignation from the USAR contingent upon his appointment in the NHARNG.  He was honorably discharged from the USAR (Reinforcement) on 1 April 2009.

4.   On 2 April 2009, he was appointed in the NHARNG and ARNG of the United States (ARNGUS), in the rank of CPT (QM Corps).  He was honorably separated on 28 February 2010 and reappointed in the ARNGUS and NHARNG as a Chaplain, in the rank of CPT, on 1 March 2010.

5.  National Guard Bureau (NGB), Washington, DC, Special Orders Number 168 AR, dated 4 August 2010, announced Federal recognition of the applicant's appointment as a Chaplain in the NHARNG and ARNGUS, in the rank of CPT, effective and with a DOR of 1 March 2010.

6.  U.S. Army Human Resources Command (HRC), Order 70-2-A-120, dated      4 August 2011, appointed the applicant in the Regular Army (RA), in the rank of CPT, effective 4 August 2011.

   a.  HRC, Orders A-08-117536, dated 15 August 2011, ordered him to active duty in the rank of CPT in a voluntary indefinite status.

   b.  A DA Form 71 (Oath of Office – Military Personnel) shows the applicant executed his oath of office for appointment in the RA as a Chaplain in the rank of CPT, on 22 August 2011, and he entered AD for an indefinite period.

   c.  HRC, Orders 334-112, dated 30 November 2011, announced the applicant's CPT (Chaplain) Active Duty DOR (ADOR) as 1 March 2010.

7.  In support of his request the applicant provides an email message thread, dated 31 March 2014, that documents his unsuccessful effort to resolve the issue of his DOR through his chain of command and Office of the Chief of Chaplains.

8.  In the processing of this case, an advisory opinion was obtained from the Personnel Actions Officer, Office of the Chief of Chaplains, Washington, DC.

   a.  The advisory official recommends administrative relief and adjustment of the applicant's CPT DOR to 23 October 2007.

	b.  The advisory official states the applicant's request focuses on two issues, establishing his DOR upon appointment as a chaplain: (1) in the ARNG and 
(2) on AD.

    	(1)  In appointing officers in different branches and components, the regulatory guidance for granting Entry Grade Credit states "the purpose of constructive service credit (CSC) is to provide a commissioned officer in a professional field the grade and DOR comparability relative to a contemporary who began commissioned service immediately after obtaining a bachelor's degree.  These commissioned officers in a professional field began commissioned service after obtaining the additional education, training, or experience required for appointment, designation, or assignment in such professional field."  Providing Entry Grade Credit is a means of establishing entry grade and DOR equity and fairness among officers.  This regulatory guidance supersedes that which the applicant cites in his request.

    	(a)  The applicant was originally promoted to the rank of CPT (QM) on 
1 September 2004 and he was separated from AD on 31 July 2005.  He entered a chaplain candidate program while completing his professional education and credentials, retaining his grade and DOR.  Upon completion of his professional education he was appointed as a chaplain in the ARNG in the rank of CPT with a DOR of 1 March 2010.

    	(b)  Commissioning of non-professional branches begins at the rank of 2LT (O-1).  The 36 months of CSC for chaplains equates to the average time for completing the professional degree and provides credit for 18 months of TIG as a 2LT (O-1) and 18 months TIG as a first lieutenant (1LT)/pay grade O-2.  At the time the applicant was appointed as a chaplain in the ARNG, 36 months was the 


required TIG for promotion to the rank of CPT.  Therefore, his appointment in the grade of CPT in the chaplain branch is correct because it acknowledges
36 months of CSC.
   
    	(2)  However, the applicant's CPT DOR is incorrect.  In establishing the DOR, the ARNG should have considered his previous commissioned service on AD and in the reserve component (RC).

    	(a)  The regulatory guidance for establishing DOR states "credit granted that exceeds the amount used to establish the entry grade will be used to adjust the DOR."  Entry Grade Credit consists of prior commissioned service (including active duty for training (ADT) and commissioned service in an active status in the RC, and CSC).  Concurrent time periods may only be counted once when calculating credit (e.g., the applicant's service as a chaplain candidate was concurrent with his professional education).

    	(b)  The advisory official provides an enclosure that calculates the applicant's Entry Grade Credit and CSC, along with an explanation.  He states that a calculation of the Entry Grade Credit resulted in a total of 65 months 
(11 months AD (1 September 2004 through 31 July 2005) plus 54 months active status in an RC (9 September 2005 through 28 February 2010), of which a maximum of 36 months can be used to determine his entry grade, leaving a balance of 29 months to be used to determine his DOR.

    	(c)  Using the 29 months of Entry Grade Credit, his DOR as a CPT should have been established as 23 October 2007 upon his appointment as a chaplain in the ARNG.  An alternative interpretation of the term "active status" is that it does not include the total amount of days of service, but only includes actual training days (weekend drills, annual training, and ADT).  Following this interpretation, the applicant would have 158 days of "active status" in the ARNG, resulting in no prior commissioned service credit for determining DOR.  Therefore, his DOR would be set as the date of his appointment, 1 March 2010.  The problem with this interpretation of "active status" is that it is not consistent with the definition in the U.S. Code.  Also, due to the applicant's transfer and appointment to a professional branch (i.e., not the "same competitive category"), he did not retain nor should he have retained his original DOR of 1 September 2004.

    	(d)  The regulatory guidance also states that "RC officers will be ordered to AD in their Reserve grade.  Based on the above, his ADOR should have been established as 23 October 2007, which will place him in the primary zone of consideration for promotion to the rank of MAJ in October 2015.

   c.  The Chaplain Branch advisory official concludes that the applicant's DOR should be adjudicated to 23 October 2007.

9.  The applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal.  To date, he has failed to provide a response.

10.  Military Personnel (MILPER) Message Number 13-190, dated 24 July 2013, announced the Fiscal Year 2014 (FY14) MAJ Chaplain Corps Promotion Selection Board, (CPT DOR) Zones of Consideration, and shows the following -

* Above the Zone:   6 February 2006 and Earlier
* Promotion Zone:   7 February 2006 through 3 February 2007
* Below the Zone:    4 February 2007 through 10 October 2007

11.  MILPER Message Number 14-169, dated 25 June 2014, announced the FY15 MAJ Chaplain Corps Promotion Selection Board, (CPT DOR) Zones of Consideration.  It shows the board is scheduled to convene 15 to 17 October 2014 and, in pertinent part, the following -

* Above the Zone:  3 February 2007 and Earlier
* Promotion Zone:  4 February 2007 through 10 October 2007
* Below the Zone:  11 October 2007 through 7 June 2008

12.  Department of Defense Instruction Number 1312.03 (Service Credit for Commissioned Officers), dated 22 November 2013, establishes policy, assigns responsibilities, and prescribes procedures that govern granting service credit to persons receiving original appointments as Regular or Reserve commissioned officers.  Enclosure 3 (Procedures - Constructive Service Credit) shows the purpose of CSC is to provide a commissioned officer in a professional field the grade and DOR comparability relative to a contemporary who began commissioned service immediately after obtaining a bachelor's degree.

   a.  It also provides guidelines in determining CSC and shows:

    	(1)  a period of time will be counted only once when calculating constructive service; and

    	(2)  the number of years creditable as CSC for entry grade appointment for chaplains is limited to 3 years.


   b.  A person who is a former commissioned officer may, if otherwise qualified, be appointed as a Reserve officer.  A person so appointed: 

    	(1)  May be placed on the reserve active-status list of that Military Service in the grade equivalent to the permanent Regular or Reserve grade, and in the same competitive category, in which the person previously served satisfactorily on active duty or in an active status. 

    	(2)  May be credited for determining DOR with service in grade equal to that held by that person when discharged or separated.

    	(3)  Credit granted that exceeds that amount used to establish the entry grade will be used to adjust the DOR.

13.  Army Regulation 600-8-29 (Officer Promotions) prescribes policies and procedures governing promotion of Army commissioned and warrant officers on the active duty list.  Chapter 7 (Special Selection Boards (SSBs)) shows SSBs are governed by the same instructions provided to the boards that considered or should have considered an officer for promotion.  Paragraph 7-3 specifies those cases not considered by SSBs (emphasis added) and shows, in pertinent part,
"The consideration in question involved an officer below the promotion zone."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOR for appointment as a CPT (O-3) in the Chaplain Corps, in both the ARNG and RA, should be adjusted by a period of approximately 3 years based on his prior military service in the grade of O-3.

2.  The evidence of record shows the applicant was -

* promoted to CPT (O-3) with a DOR of 1 September 2004
* appointed as a Chaplain in the NHARNG and ARNGUS on 1 March 2010 with his CPT DOR established as 1 March 2010
* appointed in the RA in the rank of CPT (Chaplain) on 22 August 2011 with his ADOR established as 1 March 2010

3.  The advisory official advises that a calculation of the Entry Grade Credit resulted in a total of 65 months (11 months AD plus 54 months active status in an RC), of which a maximum of 36 months can be used to determine his entry grade, leaving a balance of 29 months to be used to determine his DOR, which he calculates as 23 October 2007.

   a.  Thus, the applicant's appointment in the rank of CPT (O-3) in the chaplain branch is correct because it acknowledges 36 months of CSC.

   b.  It is noted that the advisory opinion recommends an adjusted DOR to CPT (O-3) of 23 October 2007 (i.e., 29 months CSC for DOR).  However, it fails to take into account the applicant's continuous RC active service from 1 August 2005 through 8 September 2005.

4.  Based on the evidence of record, a calculation of the applicant's adjusted DOR shows the following:

	2010  03  01	date of appointment as a Chaplain (CPT/O-3)
	- 2004  09  01	date of promotion to CPT/O-3 (QM)
	=     05  06  00	= 5 years and 6 months or 66 months TIG (CSC)


66 	months TIG as a CPT/O-3
- 36 	months CSC for appointment as Chaplain CPT/O-3
				   =  30	months (balance) remaining toward DOR for CPT/O-3


	2010  03  01	date of appointment as a Chaplain (CPT/O-3)
	- 0002  06  00	balance (30 months) remaining toward TIG for CPT DOR
	=    2007  09  01	adjusted DOR/ADOR (i.e., 1 September 2007)

5.  Thus, the evidence of record shows the applicant was appointed in the proper rank of CPT (O-3) based on Entry Grade Credit.  However, his DOR for CPT was not properly computed when he was appointed in the Chaplain Corps because he was not given CSC for the balance of his prior military service during which he served in the rank of CPT (O-3).

6.  Therefore, it would be appropriate to correct the applicant's records to show his adjusted DOR for CPT upon appointment in the ARNGUS and NHARNG, and ADOR for CPT upon appointment in the RA as 1 September 2007.

7.  The Board notes that this adjustment to the applicant's ADOR makes him eligible for consideration by the FY14 MAJ Chaplain Corps Promotion Selection Board below the zone.  However, the governing Army regulation does not provide for consideration by SSB for an officer below the promotion zone.


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 State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he was appointed as a commissioned officer in the:

	a.  New Hampshire Army National Guard and Army National Guard of the United States on 1 March 2010 in the rank of captain/pay grade O-3 with an adjusted date of rank of 1 September 2007; and

	b.  Regular Army in the rank of captain/pay grade O-3 with an active duty date of rank of 1 September 2007.

2.  The Board further determined that the evidence presented is 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 three (3) years credit toward adjustment of his date of rank for captain/pay grade O-3.  




      _______ _ 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)                                         AR20140008409



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ABCMR Record of Proceedings (cont)                                         AR20140008409



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