RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2007 DOCKET NUMBER: AR20060017816 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Ms. Wanda L. Waller Analyst The following members, a quorum, were present: Ms. Linda Simmons Chairperson Mr. Frank Jones Member Ms. Carmen Duncan Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that his date of rank (DOR) to first lieutenant be changed to 15 May 2006 instead of 12 September 2006. 2. The applicant states, in effect, that he was commissioned a second lieutenant on 15 May 2004 as part of his graduation from the Reserve Officers’ Training Corps and that he went into the Individual Ready Reserve (Chaplain Candidate Program). He contends that two years time in grade should have made him a first lieutenant on 15 May 2006 and it did not happen. He also states that the error may have been caused by a faulty commissioning date because he has one form that says he was commissioned on 13 September 2004. 3. The applicant provides an oath of office, dated 15 May 2004. CONSIDERATION OF EVIDENCE: 1. A DA Form 71 (Oath of Office - Military Personnel), dated 15 May 2004, shows the applicant was commissioned a second lieutenant. 2. On 15 June 2004, a Chief of Chaplains Accessioning Selection Board found the applicant fully qualified for an appointment as a Chaplain Candidate in the Staff Specialist Branch, U.S. Army Reserve (USAR). On 1 July 2004, he was assigned to the Staff Specialist Branch, USAR. He signed a second oath of office on 13 September 2004. 3. Records at the Special Actions Branch, Office of Promotions, Reserve Components, U.S. Army Human Resources Command (HRC) in St. Louis, Missouri show the applicant was in a delay status and the Officer Basic Course was waived for his promotion to first lieutenant. The applicant was promoted to first lieutenant effective 12 September 2006 with a DOR of 12 September 2006. 4. In the processing of this case, a staff advisory opinion was obtained from the Chief, Special Action Branch, Office of Promotions, Reserve Components, U.S. Army HRC, St. Louis, Missouri. The opinion points out that the applicant’s records contain an oath of office, dated 15 May 2004, and documentation, dated 15 May 2004, which appoints him in the Chaplain Corps. On 1 July 2004, the applicant was issued an appointment memorandum by HRC St. Louis, Missouri to second lieutenant, Special Staff Branch, USAR and the applicant signed an additional oath of office on 13 September 2004. This is the date the applicant was accessioned into the HRC database. The opinion states that there is no memorandum issued by HRC appointing the applicant as a Chaplain Corps Officer. The applicant was considered and selected by the 2006 Administrative Selection Board as a Special Staff Officer with a date of rank of 12 September 2004 and a promotion eligibility date of 12 September 2006. The applicant was issued promotion orders. It was recommended that a determination be made on which appointment memorandum and oath of office was valid. 5. The advisory opinion was provided to the applicant on 28 March 2007 for comment or rebuttal. The applicant concurred with the advisory opinion on 6 May 2007. 6. A second advisory opinion was obtained from the Office of the Chief of Chaplains. The opinion states that upon completion of appropriate research and follow up, the records of the applicant are correct. The Soldier Management System indicates the DOR for the applicant is 16 May 2006. The applicant was properly appointed to the Staff Specialist Branch, not the Chaplain Corps. The applicant is now completing his educational and ecclesiastical requirements to reappointment into the Chaplains Corps at a later date. 7. The HRC St. Louis, Missouri Soldier Management System shows the applicant’s DOR as 16 May 2006 and his effective date of promotion is 12 September 2006. 8. Paragraph 2-1 of Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that an officer in the grade second lieutenant or a USAR warrant officer in the grade of Warrant Officer 1 will be considered for promotion without review by a selection board. The officer’s records will be screened to determine eligibility for promotion to the next higher grade far enough in advance to permit promotion on the date promotion service is completed (Table 2-1 or Table 2-3). 9. Table 2-1 (Time in grade requirements commissioned officers, other than commissioned warrant officers) of Army Regulation 135-155 shows that the minimum time in grade requirements from second lieutenant to first lieutenant is 2 years. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant was commissioned a second lieutenant on 15 May 2004. For whatever reason he signed a second oath of office on 13 September 2004, he still signed the first one on 15 May 2004. Since the governing regulation states that the minimum time in grade requirements from second lieutenant to first lieutenant is 2 years, it appears his DOR of 12 September 2006 to first lieutenant is incorrect. Therefore, it would be equitable to change his DOR to first lieutenant to 14 May 2006. BOARD VOTE: LS_____ __FJ____ __CD____ 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 changing his DOR and effective date of promotion to first lieutenant to 14 May 2006. ___Linda Simmons______ CHAIRPERSON INDEX CASE ID AR20060017816 SUFFIX RECON DATE BOARDED 20070906 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 112.0200 2. 3. 4. 5. 6.