IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150012475 BOARD VOTE: ___x____ ___x___ ____x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150012475 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by issuing appropriate promotion documents and orders to correct his date of rank for promotion to captain to 2 May 2012. _____________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. IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20150012475 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 correction of his records to show he was promoted to the rank of captain (CPT)/pay grade O-3 with a date of rank (DOR) of 2 May 2012 (instead of 2 May 2013). 2. The applicant states that he served in the rank of second lieutenant (2LT)/pay grade O-1 as a chaplain candidate for a period of 18 months (from 13 July 2009 through 13 January 2011). a. On 14 January 2011, he was appointed as a chaplain in the rank of first lieutenant (1LT)/pay grade O-2. However, he was not granted constructive credit for his advanced education or time in grade (TIG) as a 2LT even though he was eligible for up to 3 years constructive service credit. b. He states the appointment memorandum incorrectly shows, "eligible for appointment as a 1LT with current TIG" instead of "eligible for appointment as a 1LT with one year TIG." Thus, his 1LT DOR should have been 14 January 2010 (instead of 14 January 2011). c. In March 2015, his 1LT DOR was corrected to 14 January 2010. In the meantime, he had been promoted to CPT with a DOR of 2 May 2013. Then, in May 2015, it was determined that his CPT DOR was in error based on the error in his 1LT DOR. 3. The applicant provides copies of two memoranda and two orders. CONSIDERATION OF EVIDENCE: 1. The applicant had prior honorable enlisted service in the U.S. Army Reserve (USAR) from 5 January 2004 through 12 July 2009. 2. He was appointed as a Reserve commissioned officer in the Army National Guard (ARNG) of the United States (ARNGUS) and the Michigan Army National Guard (MIARNG) in the rank of 2LT (O-1), Staff Specialist Branch, on 13 July 2009. 3. A DD Form 214 (Certificate of Release of Discharge from Active Duty) shows the applicant entered active duty this period on 6 June 2010, was honorably released from active duty training on 3 September 2010, and transferred to a MIARNG unit. He had completed 2 months and 28 days of net active service this period. It also shows that he completed Chaplain Initial Military Training and was awarded primary specialty 56A (Command/Unit Chaplain). 4. An NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service) shows he was honorably separated on 13 January 2011 to accept appointment as an Army Chaplain. 5. Department of Military and Veterans Affairs, Lansing, MI, Orders 019-059, dated 19 January 2011, appointed the applicant in the MIARNG in the rank of 1LT (O-2), Chaplain Corps, effective 14 January 2011. a. NGB, Washington, DC, Special Orders (SO) Number 170 AR, dated 27 July 2011, announced the extension of Federal recognition of the applicant's initial appointment in the rank of 1LT (O-2), Chaplain Corps, effective and with a DOR of 14 January 2011. b. NGB, Washington, DC, SO Number 57, dated 18 March 2015, corrected so much of SO Number 170 AR, dated 27 July 2011, pertaining to the applicant's Federal recognition status to show his DOR for 1LT as 14 January 2010. 6. Department of Military and Veterans Affairs, Lansing, MI, Orders 035-330, dated 4 February 2013, promoted the applicant to CPT (O-3), effective and with a DOR of 31 January 2013. a. NGB, Arlington, VA, memorandum, dated 13 May 2013, subject: Promotion as a Reserve Commissioned Officer of the Army, promoted the applicant to the rank of CPT (O-3), Chaplain Corps, effective and with a DOR of 2 May 2013. b. NGB, Washington, DC, SO Number 121 AR, dated 13 May 2013, announced the extension of Federal recognition of the applicant's promotion to the rank of CPT (O-3), Chaplain Corps, effective 2 May 2013. 7. In support of his application the applicant provides the following additional documents that were not summarized above. a. NGB, Arlington, VA, memorandum, dated 9 March 2015, subject: Correction to Eligibility for Federal Recognition as a Chaplain (pertaining to the applicant). It shows CPT D___ F. J____, Chaplain, Personnel Readiness, NGB, confirmed: (1) Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), paragraph 3-7 (Appointment Grade and DOR), provides that newly accessioned chaplains are to be appointed with constructive service credit for their required advanced education and/or professional experience and that it will not be less than three (3) years. (2) At the time the applicant was appointed: two (2) years credit for 2LT to 1LT, plus one (1) year TIG as a 1LT would equate to three (3) years. On 3 November 2010, the Chief, Chaplains Accession Board, found the applicant qualified for Federal recognition. However, the memorandum detailing the applicant's grade and constructive service credit eligibility incorrectly stated he was "eligible for appointment as a 1LT with current TIG." Instead, it should have stated he was "eligible for appointment as a 1LT with one (1) year TIG." Therefore, the applicant should have a 1LT DOR of 14 January 2010. b. Michigan National Guard, Joint Force Headquarters, Lansing, MI, memorandum, addressed to the NGB, dated 6 May 2015, subject: DOR Correction for Chaplain (CPT) pertaining to the applicant. It shows Chaplain Major (MAJ) A___ B____, State Support Chaplain, MIARNG, requested correction of the applicant's CPT DOR from 2 May 2013 to 2 May 2012. He stated the applicant's 1LT DOR was recently corrected from 14 January 2011 to 14 January 2010. He added, "[b]ut for the initial error in his DOR as 1LT, [the applicant] would have been promoted to CPT through Unit Vacancy Promotion and/or Chaplain Captain Certification Review Board Promotion one year earlier than his current DOR of 2 May 2013." c. A copy of NGB, Washington, DC, SO Number 121 AR, dated 13 May 2013, that announced the extension of Federal recognition of the applicant's promotion to the rank of CPT (O-3), Chaplain Corps, effective 2 May 2013. The copy provided also shows what appears to be an overprinted section that reads: As Reads: Effective Date of Promotion to CPT 02 May 2013 How Changed: Effective Date of Promotion to CPT 02 May 2012 IAW [In Accordance With] attached Memorandum from Chaplain (CPT) D__ F. J____, dated 9 March 2015, that indicates CPT [applicant] is eligible for appointment as a 1LT with one year time in grade; and attached Memorandum from Chaplain (MAJ) A___ B____, dated 6 May 2015, that indicates CPT [applicant] is eligible for DOR adjustment to CPT based on adjustment to his appointment date as a1LT (14 January 2010). 8. In the processing of this case, an advisory opinion was obtained from the Personnel Readiness Chaplain, NGB, Arlington, VA. a. The advisory official recommends administrative relief by adjusting the applicant's CPT DOR to 3 May 2012. b. The official states that a review of the supporting documentation found the applicant would have been submitted on a Chaplain CPT Certification Review at 24 months' time in grade as a 1LT (leading to appointment as a CPT) or he could have been promoted to CPT as a result of a unit vacancy promotion. Either process would have presumably started one year earlier which could have resulted in an earlier promotion to CPT. He added the applicant was not at fault in this matter, the remedy requested appears to be reasonable, and the initial error puts him at a disadvantage with his contemporaries. 9. On 16 August 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal. On 18 August 2016, the applicant stated that he had no comments to add for consideration by the Army Board for Correction of Military Records. REFERENCES: Army Regulation 135-100, Chapter 3 (Appointments), section III (Appointment of Chaplains), prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplains. Paragraph 3-7 provides that newly accessioned chaplains are to be appointed with constructive service credit for their required advanced education and/or professional experience and will not be less than three years. Applicants may be appointed as 2LTs with assignment to the Staff Specialist Branch. This is until they become eligible for appointment as 1LT in the Chaplain Branch. An applicant when appointed as a 1LT will be credited with the actual service and constructive service credit allowed under (3) and (4) below. Such credit will not be less than 3 years' service in an active status. a. Subparagraph 3 (Constructive service credit). The purpose of constructive service credit is to provide grade and DOR comparability. This is for a person who begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field. This relates to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree. Compute and award constructive service credit as follows: (a) count a period of constructive service only once; (b) do not count periods of time spent in an active status as a commissioned officer or on active duty; (c) credit qualifying periods of less than 1 full year proportionately; and (d) the number of years creditable as constructive service credit may not exceed the following: b. Subparagraph 4 (Prior active commissioned service credit). Credit for prior service as a commissioned officer may not exceed that computed in accordance with the following table: Qualifying periods of less than one full year shall be proportionately credited. * Table 3-1 (Creditable service credit), Category: Entry grade for appointment or assignment. Credit: 3 years * Table 3-2 (Qualifying periods) – * Qualifications: (a) Active duty commissioned service (other than as a commissioned warrant officer) to include periods of active duty for training. Credit: 1 year for each year served * Qualifications: (b) Commissioned service (other than as commissioned warrant officers) in an active status, but not on active duty, for persons appointed as Reserve commissioned officers. Credit: 1 year for each year served DISCUSSION: 1. The evidence of record shows the applicant was appointed as an Army Chaplain and his 1LT DOR was established as 14 January 2011. a. On 4 February 2013, he was promoted CPT in the MIARNG with a DOR of 31 January 2013. b. On 13 May 2013, the NGB announced Federal recognition of his promotion as a Reserve Army officer to CPT with a DOR of 2 May 2013. c. On 18 March 2015, the NGB corrected his 1LT DOR to 14 January 2010 (vice 14 January 2011). 2. The evidence of record shows his promotion to CPT (and DOR) was based on his original (erroneous) 1LT DOR. 3. The above sequence of events resulted in the correction of the applicant's 1LT DOR subsequent to his promotion to CPT. Thus, his consideration and promotion to CPT were based on the erroneous 1LT DOR and resulted in his promotion to CPT (DOR) being delayed by one year. 4. Based on the evidence of record, his CPT DOR should be adjusted to 2 May 2012. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012475 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012475 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2