IN THE CASE OF: BOARD DATE: 23 August 2012 DOCKET NUMBER: AR20120003174 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 his date of rank to captain (CPT)/O-3 be adjusted to 7 May 2007. 2. The applicant states: * his initial appointment on 7 May 2006 specified he would receive 1-year time in grade (TIG) * his appointment order did not give him the 1-year TIG and set his date of rank (DOR) to 7 May 2006 instead of 7 May 2005 * his appointment order was revoked after 17 months and a new order was issued correcting his DOR for first lieutenant (1LT) * the error did not allow for his promotion to occur in May 2007; therefore, his promotion to CPT was delayed until 8 February 2008 * promotion to CPT is an administrative promotion and only required he complete the Chaplain Basic Officer Course and 24 months TIG * he completed the course on 7 April 2006 and this made him eligible for promotion in May 2007 * the administrative error is impacting his promotion to major (MAJ) * he is presently sitting in an O-5 slot and correcting the error would help his position 3. The applicant provides: * Orders C-05-613500, U.S. Army Human Resources Command, St. Louis, MO, dated 17 May 2006 * Orders C-05-613500R, U.S. Army Human Resources Command, St. Louis, MO, dated 26 October 2007 * Orders C-10-730009, U.S. Army Human Resources Command, St. Louis, MO, dated 29 October 2007 * DA Form 71 (Oath of Office – Military Personnel), dated 7 May 2006 * an appointment letter, dated 14 March 2006 * DA Form 1059 (Service School Academic Evaluation Report), dated 7 April 2006 * Orders B-02-801145, U.S. Army Human Resources Command, St. Louis, MO, dated 14 February 2008 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. After having had prior enlisted service in the Air Force Reserve, Regular Air Force, and as a commissioned officer in the Regular Army and Army National Guard, the applicant was appointed a Reserve 1LT on 7 May 2006. 3. The applicant's appointment memorandum shows he was credited with 3 years of service in an active status. 4. On 10 May 2012, during the processing of this case, the Office of the Chief of Chaplains provided an advisory opinion. The advisory official recommended approval of the applicant's request and stated, in part, that: * the applicant is correct in his request; his records were not reviewed in 2007 because his DOR was not correct and this delayed his promotion to CPT * he would have gone before the summer of 2007 Chaplain CPT Certification Review if his 1LT DOR was 7 May 2005 * he would have been eligible for review after 7 May 2007 and would not have been promoted until the Secretary of Defense approved the list * a records review of all current USAR chaplain CPTs shows the common date of rank for the applicant's peers is 7 August 2007 5. On 10 May 2012, the advisory opinion was provided to the applicant for comment and he responded on 16 May 2012 indicating he accepts the recommendation of the Office of the Chief of Chaplains and asks the Board to consider any differential back pay from 7 August 2007 to February 2008. He further stated he was deployed to Iraq during that time period. 6. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), chapter 3, section III, addresses appointment of chaplains. It states qualified applicants without prior commissioned service will be credited with 3 years of service in an active status, and they will be appointed in the rank of 1LT. Table 3-1 states an additional 1 year of constructive service credit (CSC) may be granted based on seven or more years of extensive practical experience in a ministry as documented on the DD Form 2088 (Statement of Ecclesiastical Endorsement) submitted by the individual's Ecclesiastical Endorsing Agency. DISCUSSION AND CONCLUSIONS: 1. The applicant's 1LT DOR was corrected 17 months after the fact. This delayed his promotion opportunity for CPT. The Office of the Chief of Chaplains confirmed the applicant would have been eligible for a review after 7 May 2007 and the DOR for his peers is 7 August 2007. 2. In view of the above, as a matter of equity it would be appropriate to correct the applicant's records to show his CPT DOR as 7 August 2007. 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: * showing he was promoted to CPT with a date of rank and effective date of 7 August 2007 * paying to him all back pay and allowances due as a result of this correction _______ _ __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) AR20120003174 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120003174 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1