IN THE CASE OF: BOARD DATE: 16 March 2010 DOCKET NUMBER: AR20100000045 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 advanced to the rank of Captain retroactive to August 2009. 2. The applicant states he is a Catholic priest with 17 years of ordination. He states he finished his Basic Officer Leaders Course (BOLC) at Fort Jackson, SC in August 2009 and he should have been given the rank of Captain, but is still currently a First Lieutenant. 3. The applicant provides documents associated with his application and appointment as a U.S. Army Reserve (USAR) Chaplain, documents associated with his education and ordination as a Catholic priest, and his academic evaluation report from his Chaplain BOLC. CONSIDERATION OF EVIDENCE: 1. In July 1982, the applicant, who was a Nigerian citizen, was ordained as a priest of the Catholic Church within the Catholic Diocese of Aba, Nigeria. In 1988 he was awarded a bachelor’s degree in philosophy and in 1992 a master’s degree in theology. Both degrees were awarded by seminaries in Nigeria. 2. In December 2008 the applicant submitted an application for appointment as a USAR Chaplain and requested appointment in the grade of Captain, pay grade O-3. 3. On 20 March 2009 the applicant accepted an appointment as a USAR Chaplain in the grade of First Lieutenant. His appointment order indicates he was granted 4 years of constructive credit for “years of service in an active status” and 2 years of constructive service for time in grade as a First Lieutenant. His Computation Sheet and Record of Award of Entry Grade Credit indicate he was awarded 1 year of constructive service for grade computation for his master’s degree and 1 year for his professional ministry experience. 4. In the processing of this case, on 16 February 2010, an advisory opinion was provided by the Personnel Management Officer, Office of the Chief of Chaplains. The advisory official noted the applicant was mistaken that advancement to Captain was automatic following completion of the BOLC. The opinion did, however, note that the applicant requested and had the expectation that he would have been given a direct commission at the grade of Captain and recommended that his records be corrected to show his date of rank to Captain as 20 March 2009, the date of his initial appointment. 5. The advisory official noted that when the applicant was initially appointed he was granted 4 years of constructive service credit. The official stated that Army Regulation 135-100 states a minimum of 4 years of commissioned time is required for the grade of Captain. The official continued that appointment to fill a Troop Program Unit position will be in the appropriate branch and that an applicant qualified for appointment in a grade of second lieutenant or above may be appointed in a vacancy in which the TOE (table of organization and equipment) or TDA (table of distribution and allowances) authorized grade is up to two grades above the grade of appointment. The official noted that all company grade TOE/TDA chaplain positions are the rank/grade of Captain/O-3. The official also noted that Army Regulation 135-100 did not specify what the entry grade of Chaplains would be but states that most USAR Chaplains with four years time in service and two years time in grade as a First Lieutenant were promoted to Captain. The official states the applicant was in fact recommended for promotion to Captain by the Chaplain Captain Review Board on 15 December 2009. 6. The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. As of the date of these Proceeding, the applicant has not responded. DISCUSSION AND CONCLUSIONS: 1. The evidence available to the Board indicates that when the applicant accepted his appointment in the USAR he, in effect, was granted 4 years of constructive service credit for “years of service in an active status” and a date of rank to First Lieutenant that, as of the date of his appointment, would provide him with 2 years time in grade as a First Lieutenant. 2. As noted in the advisory opinion, Chaplains with 4 years of commissioned service and 2 years time in grade as a First Lieutenant are generally promoted to the rank of Captain. In view of the recommendation by the Office of the Chief of Chaplain that the applicant should have been initially appointed as a Captain it would be appropriate to conclude that it would be in the interest of equity and justice to correct the applicant’s records accordingly by showing he was appointed in the rank of Captain and with a date of rank of 20 March 2009, the date he accepted his initial appointment. It would also be appropriate to pay him any authorized back pay and allowances associated with this correction. 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: a. showing the individual was initially appointed in the rank of Captain and with a date of rank of 20 March 2009; and b. paying him any authorized back pay and allowances resulting from 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) AR20100000045 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000045 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1