IN THE CASE OF:  	  

		BOARD DATE:  4 August 2015	  

		DOCKET NUMBER:  AR20140021491 


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) to first lieutenant (1LT) to 12 April 2013.

2.  The applicant states he passed a record Army Physical Fitness Test (APFT) on 11 October 2012 that wasn't entered into their State database.  When his request for promotion to 1LT was received by the State G-1 they returned it due to an invalid APFT on record.  He had a failing APFT on record of 8 November 2013 and then the passing APFT of 6 December 2013.  The G-1 proceeded to promote him effective 6 December 2013 based on what they could see as the date he became fully eligible.  However, if his unit had input his first APFT of 11 October 2012 into their database he would have been fully eligible when he graduated from the basic officer leadership course (BOLC) on 12 April 2013.  He would have been promoted effective the same date.

3.  The applicant provides copies of the following:

* DA Form 1059 (Service School Academic Evaluation Report)
* DA Form 705 (APFT Test Scorecard)
* National Guard Bureau (NGB) Form 78 (Recommendation for Promotion to 1LT/Chief Warrant Officer Two)
* Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code (USC), Sections 12201, 12203, 2104, 2106, and 2107 memorandum
* Special Orders (SO) Number 262

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the Iowa Army National Guard (IAARNG), Chaplain Branch, as a second lieutenant (2LT), on 8 February 2011.  He completed the Chaplain BOLC (CHBOLC) on 12 April 2013.  His DA Form 1059 shows he passed the APFT during the course.

2.  His records contain and he provided copies of the following:

* DA Form 705 showing he passed the APFT on 11 October 2012 and 6 December 2013
* NGB Form 78, dated 14 January 2014, recommending him for promotion to 1LT with a promotion eligibility date of 6 December 2013 based on the passing APFT
* Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC, Sections 12201, 12203, 2104, 2106, and 2107 memorandum, dated 19 September 2014, appointing him to the rank of 1LT effective 4 May 2014
* SO Number 262, dated 19 September 2014, extending Federal Recognition and promoting him to 1LT with an effective date and DOR of 4 May 2014

3.  In an advisory opinion, dated 15 May 2015, the Chief, Personnel Policy Division, NGB, recommended approval of the applicant's request for adjustment to his DOR to 1LT to 12 April 2013 when he became eligible upon completion of the CHBOLC.  The NGB official reiterated the applicant's request and stated:

   a.  The applicant entered the IAARNG and was appointed as a Chaplain Candidate with the rank of 2LT on 8 February 2011 according to Order Number 044-002, dated 13 February 2011.  The applicant graduated from seminary and was conferred a Master of Divinity on 4 May 2012, according to his college transcripts.

   b.  The applicant accumulated 18 months of time in grade (TIG) on 13 August 2012 and was eligible for promotion to 1LT provided he had completed the BOLC and was otherwise qualified, in accordance with Personnel Policy Operational Memorandum 08-035 and National Guard Regulation 600-100 (Commissioned Officers Federal Recognition and Related Personnel Actions).  According to his historical APFT data, he passed an APFT with a score of 187 in April 2012 and would have remained eligible for promotion for 1 year.

   c.  The applicant completed an APFT on 11 October 2012 and passed with a score of 196 according to his DA Form 705.  ARNG Soldiers are required to pass an APFT once a year in accordance with Appendix G of Army Regulation 350-1 (Army Training and Leader Development).  

   d.  The applicant completed CHBOLC on 12 April 2013 according to his course certificate and DA Form 1059.  His DA Form 1059 indicates he also passed an APFT in March 2013 while in the BOLC.  He failed a record APFT on 8 November 2013.  He completed an APFT on 6 December 2013 and passed with a score of 195.  

   e.  The applicant was found to be qualified for Federal Recognition by the Chief of Chaplains Accession Board on 10 April 2014.  Pursuant to Title 10, USC, section 12207 and Army Regulation 135-100 (ARNG and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) he was eligible for appointment as a 1LT with 18 months TIG according to the NGB memorandum, dated 15 April 2014.  He was promoted to 1LT with an effective date of 4 May 2014 and he was federally recognized as a chaplain on the same date.

   f.  Paragraph 7-10 of Army Regulation 165-1 (Army Chaplain Corps Activities) states ARNG Chaplain Candidates are required to complete CHBOLC for promotion to 1LT.  An ARNG administrative board meets quarterly to promote 2LTs to 1LT who have a minimum of 18 months TIG according to the same paragraph.  The applicant accumulated 18 months TIG on 8 August 2012.  He did not complete the CHBOLC until 12 April 2013 and would have been eligible for promotion at that time had his October 2012 APFT score been entered by his unit.

   g.  The IAARNG advised that the delayed promotion to 1LT was due to administrative error and not the fault of the applicant.  The IAARNG State Chaplain's office and the applicant's command confirmed there was no additional reason his promotion to 1LT was delayed.  The IAARNG supports his request to adjust his DOR to 12 April 2013 based on his graduation from BOLC, passing the APFT in October 2012, as well as the fact that his DA Form 1059 indicated he passed both Height/Weight and the AFPT during CHBOLC.  The IAARNG and NBG's Officer Policy Branch concurred with the advisory opinion.

5.  The advisory opinion was provided to the applicant on 9 June 2015 for acknowledgement/rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was eligible for promotion to 1LT on 12 April 2013 based on completing 18 months of TIG at the time, graduating from BOLC, and passing the APFT.  His promotion was delayed through no fault of his own.

2.  Therefore, as a matter of equity in this case and with the concurrence of the NGB and IAARNG, he is entitled to an adjustment to his DOR to 1LT to 12 April 2013.

3.  It is noted the Army Board for Correction of Military Records (ABCMR) may only correct Army records.  The ABCMR has no authority to correct records created by the other Service or the Department of Defense.  Any correction by the ABCMR must comport with other laws.  Consequently, any correction to an individual's promotion effective date would effectively amend the Secretary of Defense's action and goes beyond the authority of this Board.  

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 State ARNG and Department of the Army records of the individual concerned be corrected by adjusting his DOR to 1LT to 12 April 2013.




      _______ _   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)                                         AR20140021491





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ABCMR Record of Proceedings (cont)                                         AR20140021491



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