IN THE CASE OF:	

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090014581 


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 records be corrected by changing his date of rank (DOR) to captain (CPT) from 12 July 2007 to 12 July 2006.  

2.  The applicant states that the letter from the Chief, Army National Guard Strength Maintenance Division indicates that he was eligible for appointment in the rank of CPT with one year time in grade.  He offers that he is currently in the Maryland Army National Guard (MDARNG). 

3.  The applicant provides the following:  Memorandum, Subject:  Eligibility for Federal Recognition as a Chaplain, dated 25 June 2007; Orders 199-223, dated 18 July 2007; Oath of Office; Special Orders Number 240 AR, dated 4 October 2007; and Proceedings of a Federal Recognition Examination Board. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve Commissioned Officer in the grade of CPT, Chaplain Branch, in the MDARNG on 12 July 2007.  

2.  The memorandum from the Chief, Army National Guard Strength Maintenance Division, dated 25 June 2007, stated that the applicant was found to be qualified for Federal recognition and was eligible for appointment as a CPT and credited with one year time-in-grade.  

3.  NGB Special Orders Number 240 AR, dated 4 October 2007 shows that he was granted Federal recognition in the Army National Guard on 12 July 2007 due to initial appointment with a DOR of 12 July 2007.

4.  In the processing of this case an advisory opinion was obtained from the National Guard Bureau (NGB), Personnel Division.  The Personnel Division recommended approval of the applicant’s request to adjust his date of rank from 12 July 2007 to 12 July 2006.  The Personnel Division said that their recommendation was based on the letter from the Chief, Army National Guard Strength Maintenance Division which indicated that the applicant was eligible for appointment in the rank of CPT with one year time-in-grade.  The Personnel Division offered that the original appointment letter from the NGB, dated 25 June 2007, was not taken into consideration during the processing of the applicant for permanent Federal recognition. 

5.  On 3 February 2010, the applicant was provided an opportunity to respond to the advisory opinion, but he failed to respond.

DISCUSSION AND CONCLUSIONS:

1.  The Personnel Division, NGB, recommended approval of the applicant’s request to adjust his date of rank from 12 July 2007 to 12 July 2006.  The Personnel Division stated that the original letter appointing the applicant to the rank of CPT with one year time-in-grade was not taken into consideration while processing the applicant for permanent Federal recognition.  

2.  In view of the circumstances in this case, the applicant is entitled to an adjustment of his date of rank to CPT effective 12 July 2006 with entitlement to any due back pay and allowances based on this adjustment. 

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 Army National Guard and Department of the Army records of the individual concerned be corrected by amending NGB Special Orders Number 240 AR, dated 4 October 2007 to show he was granted Federal recognition in the Army National Guard on 12 July 2007 due to initial appointment with a DOR of 12 July 2006 and by paying him any due back pay and allowances.




      _______ _   _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)                                         AR20090014581





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ABCMR Record of Proceedings (cont)                                         AR20090014581



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