DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RBA 18 February 2020 MEMORANDUM FOR Army National Guard Readiness Center, Appeals and Analysis (ARNG-HRH-A), 1 1 1 South George Mason Drive Building 2, Arlington VA 22204- 1382 SUBJECT: Army Board for Correction of Military Records Record of Proceedings, AR20160011158 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 12 December 2018, in which the Board members recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all of the Army National Guard (ARNG) Records of the individual concerned be corrected by amending the National Guard Bureau Memorandum, SUBJECT: Promotion as a Reserve Commissioned Officer of the Army and Special Orders Number 156 AR dated 6 June 2014 to reflect an effective date (of promotion) in item A- and EFFECTIVE DATE respectively AS "01 FEB 2014" vice "04 JUN 2014. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 14 April 2020. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY. BOARD DATE: 12 December 2018 DOCKET NUMBER: AR20160011158 BOARD VOTE: BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 December 2018 DOCKET NUMBER: AR20160011158 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests adjustment of his date of rank (DOR) and effective date of rank for captain (CPT)/pay grade O-3 [in the Chaplain Corps] be adjusted from 6 June 2014 to 19 June 2013 to coincide with his appointment as a chaplain. He further requests retroactive pay as a result of this correction. 2. The applicant states: * he communicated through numerous emails to leaders within the Arkansas Army National Guard (ARARNG) concerning his promotion date to first lieutenant (1LT)/pay grade O-2 * upon completion of Chaplain Officers Basic Course, he had served 27 months as a second lieutenant (2LT)/pay grade O-1 with 18 years of prior service and 5 years of pastoral experience * he presents his own chronological history for his officer promotions * in June 2013, he was informed there would be a pinning ceremony because the ARNG had promoted him, he was pinned to CPT and wore the rank * the State had assumed he was promoted [Federal recognition], which was not the case * his [CPT] promotion packet had to be resubmitted because he was 2 weeks shy of time in grade as a 1LT * the government shutdown to include the National Guard Bureau (NGB) * his promotion packet was lost * there was not a chaplain position [on his organization’s] unit manning document, so he was transferred to a unit that had a chaplain position * his initial appointment and Federal Recognition was not processed in a timely manner thus delaying his promotion to CPT * he was not given credit for the government’s mistakes or back pay Enclosure 2 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * Orders dated 28 * Orders , dated 22 * Orders 4, dated 9 * Special Orders Number dated * DA Form 1059 (Service School Academic Evaluation Report), dated 16 December 2011 * Orders 170-802, dated 19 * Special Orders Number 22 AR, * Orders , dated 20 * Orders, dated 20 * Orders 3, dated 21 * Memorandum of Appointment to 1LT, * Orders 029-804, dated 29 * Memorandum of Appointment to CPT, dated * Special Orders Number 156 AR, dated 6 * Orders , dated 17 * Orders , dated 9 * Orders , dated 24 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Orders dated 26 REFERENCES: 1. National Guard Regulation 600-100 (Commissioned Officers – Federal Recognition and Related Personnel Actions) prescribes policies and procedures for ARNG commissioned officer personnel management. Chapter 8 states that promotion of commissioned officers in the ARNG is a function of the State. As in original appointments, a warrant officer promoted by State authority has a State status in the higher grade under which to function. However, to be extended Federal recognition in the higher grade, the officer must satisfy the requirements for this promotion. Promotions will be based on the Department of the Army proponent via satisfactory completion or constructive credit of appropriate level of military education, time in grade, demonstrated technical and tactical competence, and potential for service in the next higher grade as determined by a Federal Recognition Board. 2. Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the Army National Guard of the United States (ARNGUS) and of commissioned and warrant officers (WO) of the U.S. Army Reserve (USAR). This regulation supports the objectives of the Army’s officer promotion system providing for career progression based on recognition of an officer’s potential to serve in positions of increased responsibility. a. A qualified 2LT will not be promoted before the date of completion of 2 years of promotion service. b. The promotion eligibility requirement for promotion to 1LT and CPT is the basic or specialty officer course. To qualify for selection, commissioned officers (other than commissioned warrant officers) must complete the military educational requirements in table 2-2 not later than the day before the selection board convening date. Officers enrolled in a resident basic course, who are otherwise eligible, will also be considered to have satisfied the education requirement for promotion to 1LT. c. The DOR is the date the officer actually or constructively was appointed or promoted to a specific grade. It is the date used to determine the relative seniority for officers holding the same grade. d. ARNGUS and USAR officers will be considered for promotion in their competitive category only: Army Promotion List (APL, to include JA), Chaplain Corps , Army Nurse Corps, Dental Corps, Medical Corps, Medical Service Corps, Army Medical Specialist Corps and Veterinary Corps. e. An ARNGUS officer extended Federal recognition in a higher grade will be appointed in the same grade as a Reserve commissioned officer of the Army by memorandum published by the Chief, NGB. ARNGUS commissioned officers (other than commissioned warrant officers) who are on a promotion list resulting from a mandatory promotion board will be extended Federal recognition in the higher grade. This will be without examination by a Federal recognition board when the officer is appointed in the State in that higher grade to fill a vacancy in the ARNG. f. Promotion boards make recommendations to the President of the United States, who is the approval authority for all commissioned officers (except commissioned warrant officer) promotions. DISCUSSION: 1. Having prior honorable enlisted service in the Regular Army and the ARNGUS, the applicant was appointed a 2LT in the Arkansas ARNG by State Orders Number 240-832, dated 28 August 2009. His date of rank was 27 August 2009 and effective date of rank was 29 August 2009. His basic entry pay date was established as 7 August 1986. These orders show his duty position was branch immaterial as a student Chaplain Corps officer. His source of commission in the ARARNG was direct commission. 2. On 22 July 2011, the State published O reassigning the applicant due to a Table of Distribution and Allowances modification. Special instructions state he must qualify for award of the Chaplain Corps branch, functional area or area of concentration within 18 months of the date of the order. 3. On 27 August 2011, the State promoted him to the rank and grade of 1LT/O-1 exactly 2 years from his initial State appointment to 2LT/O-1. Orders 313-824, dated 9 November 2011, were published by the State with additional instructions stating the effective date of promotion in the ARNGUS will be the date permanent Federal recognition orders are published. In addition, he would be paid in the new grade level from the effective date of permanent Federal recognition established by the Chief, NGB. 4. On 12 December 2011, the NGB published Special Orders tending Federal recognition to the applicant in the rank and grade of 1LT/O-2 in the Chaplain Corps with an effective date of 27 August 2011. 5. On 16 December 2011, the applicant successfully completed the Chaplain Basic Officer Leadership Course achieving course standards. His DA Form 1059 documents his graduation and course duration from 28 November to 16 December 2011. 6. Orders issued by the State, dated , transferred the applicant to a brigade headquarters within the ARARNG. 7. Orders issued by the State, dated , appointed him in the ARNG in the rank and grade of 1LT/O-2 in the Chaplain Corps. He was assigned to a Chaplain’s position on a unit manning document. The additional instructions state he was reappointed from a Chaplain Candidate to a Chaplain. 8. Orders issued by the State, dated 21 August 2013, promoted the applicant to CPT/O-3 effective the same date [State effective date]. Again, these orders contain additional instructions stating the effective date of promotion in the ARNGUS will be the date permanent Federal recognition orders are published. In addition, he would be paid in the new grade level from the effective date of permanent Federal recognition established by the Chief, NGB. 9. On 28 January 2014, the NGB issued a memorandum to the State of Arkansas informing them the applicant was appointed a Reserve Commissioned Officer of the United States by direction of the President in the rank of 1LT in the ARNGUS, effective 19 June 2013. 10. Concurrently, NGB Special Orders Number 22 AR were issued on 28 January 2014 extending him Federal recognition for his initial appointment as a 1LT/O-2 with an effective date of rank of 19 June 2013. He was appointed in the Chaplain Corps. 11. On 6 June 2014, the NGB issued a memorandum to the State of Arkansas informing them the applicant was promoted to CPT/O-3 as a Reserve Commissioned Officer of the Army [granting him Federal recognition]. The effective date was 4 June 2014. 12. Concurrently, NGB Special Orders AR were issued on 6 June 2014 promoting him to CPT/O-3 with an effective date of rank shown as 4 June 2014. 13. On 20 August 2018 the applicant was promoted to the rank of major/pay grade O-4 within the USAR under the provisions of Title 10, U.S. Code, section 14308. His effective date of rank and date of rank are both 20 August 2018. 14. The applicant is currently a member of the USAR Control Group (Reinforcement). 15. The applicant provided a sequence of emails showing he had attempted to correct his grade and date of rank since 2013 when it was first determined he did not have an initial appointment nor Federal recognition in the ARNGUS. It appears there were errors made in the processing of his applications for Federal recognition by the State as well as hampered by the Federal government shutdown. The applicant appeared to work through his chain of command and the Chaplaincy hierarchy up to the NGB to resolve his administrative compliant. 16. In the processing of this case, an advisory opinion was obtained from the NGB. In essence, the applicant requests his CPT/O-3 DOR and effective date of promotion be adjusted to 19 June 2013 vice 6 June 2014 with entitlement to back pay and allowances. a. The opinion restates the applicant’s officer Federal recognition and promotion history from date of appointment. Upon completion of the Chaplain Officer Basic Course, the applicant believes he should have been promoted to CPT/O-3. In fact, his unit did conduct a pinning ceremony for him to CPT/O-3 with the assurance that orders were published based on his accessioning into the Chaplain Corps. At a later date he was advised an error occurred in the processing of his Federal recognition packet and it required resubmission by the State. There also was the question of his unit having an authorized Chaplain position. As it did not, he was transferred to a unit that had an authorized manning position for CPT/O-3. b. Based on information from the ARNG Chaplains Branch, the applicant completed the required officer training and chaplaincy education meeting the criteria on 1 September 2012 which is the point he was eligible for appointment as a chaplain. He was correctly appointed a 1LT/O-1 [and granted Federal recognition]. c. The applicant was not eligible to be appointed a CPT/O-3 on 19 June 2013, the date of his initial appointment. However, the advisory directly states: He would have been eligible for consideration by the September 2013 Chaplain Captain Certification Review Board (CCCRB) had his initial appointment been properly handled. Accordingly, the average processing time for CCRB’s is approximately 150 days. Therefore, it is recommended that [the Applicant’s] effective date for promotion to CPT be adjusted to February 2014. 17. The applicant was provided a copy of the advisory opinion for an opportunity to respond. He did not submit a response or rebuttal statement. //NOTHING FOLLOWS// ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 12 December 2018 DOCKET NUMBER: AR20160011158 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Enclosure 1