ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20170004267 APPLICANT REQUESTS: amendment of his date of rank to captain/O-3. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * Orders 031-421, Office of the Adjutant General, State of North Dakota, dated 31 January 2012 * Special Orders Number 188, National Guard Bureau, dated 18 May 2012 * Orders 003-003, Joint Forces Headquarters, Alaska Army National Guard Element, dated 3 January 2013 * Memorandum, Department of the Army, Office of the Chief of Chaplains, dated 13 June 2014, subject: Chief of Chaplains Accessions Board Results, June 2014 * Roster, Army National Guard Personnel Recommended for Promotion to Captain, September 2014 * Memorandum, National Guard Bureau, dated 17 February 2016, subject: Date of Rank Amendment for (Applicant) * Orders 216-010, Joint Forces Headquarters, Alaska Army National Guard Element, dated 3 August 2016 REFERENCES: 1. Department of Defense Instruction Number 1310.02 (Original Appointment of Officers) provides procedures for the appointment of individuals, enlisted members, and officers as Regular or Reserve commissioned in or to the grades of O-6 and below. The appointment of individuals and officers to a special branch, to include chaplains, will be made in accordance with Title 10, U.S. Code, sections 531 and 3064, as established by the Secretary of the Army. 2. Department of the Army Pamphlet 165-17 (Chaplain Personnel Management), in accordance with Army Regulation 165-1 (Army Chaplain Corps Activities), describes the specific procedures, guidelines, and references required to implement policy for management of personnel in the chaplain branch. It further provides the conditions and procedures for grade and date of rank determinations. Table 2-1 lists appointment grade and date of rank determination. Applicants may receive a minimum of 3 years of constructive service credit, depending on the accession conditions that range from civilian status to appointment as a chaplain from the Reserve Component as a field grade officer. Pastoral experience used for constructive service credit must be subsequent to fulfillment of educational requirements for the chaplaincy and also in accordance with the Chief of Chaplains' policy. FACTS: 1. The applicant states the Department of the Army Chief of Chaplains Accessions Board found him eligible for appointment as a chaplain on 4 June 2014. However, there was some confusion in the Alaska National Guard regarding his specialty branch officer (chaplain) accession and appointment. As a result, the action did not occur timely and he was not appointed to captain/O-3 until 17 February 2016. 2. On 16 February 2011, he completed the Chaplain Basic Officer Leader Course. He was serving in the grade of second lieutenant/O-1 in the Army National Guard. He has continued serving in positions of increasing responsibility and is serving on active duty in the Army National Guard of the United States in the grade of captain/O-3. 3. Office of the Adjutant General, State of North Dakota, Orders 031-421, dated 31 January 2012, promoted him to the grade of first lieutenant/O-2 effective 16 December 2011. The additional instructions state he will not be promoted at the higher grade until permanent Federal recognition has been received. 4. National Guard Bureau Special Orders Number 188 AR, dated 18 May 2012, announced his Federal recognition in the grade of first lieutenant/O-2 effective 16 December 2011. 5. Joint Forces Headquarters, Alaska Army National Guard Element, Orders 003-003, dated 3 January 2013, appointed him in the Army National Guard in the rank of first lieutenant/O-2 effective 19 December 2012. 6. The Department of the Army Office of the Chief of Chaplains memorandum, dated 13 June 2014, subject: Chief of Chaplains Accessions Board Results, June 2014, shows the accessions board voted him among professionally best qualified for Federal recognition as a chaplain in the Army National Guard. 7. He provided a copy of a redacted roster of Army National Guard personnel recommended for promotion to captain effective September 2014, which shows his name listed. 8. The National Guard Bureau memorandum, dated 17 February 2016, subject: Date of Rank Amendment for (Applicant), states the applicant was reviewed by the Department of the Army Chief of Chaplains Accessions Board and found to be eligible for appointment as a chaplain in area of concentration 56A (chaplain) on 4 June 2014. At the time of the Department of the Army Chief of Chaplains Accessions Board, the applicant met the time in grade and professional military education eligibility requirements for appointment as a captain. The applicant also appeared on the September Army National Guard Chaplain Captain Certification Review, indicating his eligibility (although he did not appear on the subsequent scroll due to a pending personnel issue). The Army National Guard Personnel Readiness Chaplain further recommended his appointment as a captain/O-3 with a date of rank that reflects the 4 June 2014 eligibility date and credited with the appropriate time in grade. 9. Joint Forces Headquarters, Alaska Army National Guard Element, Orders 216-010, dated 3 August 2016, appointed him in the Army National Guard in the grade of captain/O-3 effective 17 February 2016. 10. The National Guard Bureau memorandum, dated 20 February 2020, subject: Advisory Opinion – (Applicant), states the applicant should have been appointed in the rank of captain/O-3 as a special branch officer. The Chief, Special Actions Branch, recommended adjusting the applicant's effective date and date of rank to captain/O-3 to 4 June 2014. The Alaska Army National Guard concurs with this recommendation. BOARD DISCUSSION: After reviewing the application, the supporting documents, the records, applicable regulations, and the facts above, the Board found that relief is warranted as recommended in the Board Determination and Recommendation below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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 adjusting the applicant's effective date and date of rank to captain/O-3 to 4 June 2014 and providing any consequent back pay and benefits due. 12/2/2020 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. //NOTHING FOLLOWS//