ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 October 2019 DOCKET NUMBER: AR20170015963 APPLICANT REQUESTS: correction to his retirement grade for pay to reflect Colonel (COL)/O6 vice Lieutenant Colonel (LTC)/O5. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Officer Record Brief * Self-Authored Statement (2) * Memorandum, subj: Voluntary Retirement: CH (COL) [Applicant] * Service Computation For Retirement * Retirement Orders Number 335-0001 * Memorandum, subj: Time-in-Grade (TIG) Waiver for Retirement Chaplain COL [Applicant] * Retirement Orders Number 111-022 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Defense Finance and Accounting Service (DFAS) Retired and Annuity Pay Letter * Letters of Support (8) * Retirement Decorations and Certificates (6) * Spouse Medical Letter * Mother Medical Letter * Department of Veteran Affairs (DAV) Claims Letter * Verification of Military Experience and Training (VMET) Letter * Presidential Correspondence FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his original TIG waiver packet did not reach the review board or the proper leadership based upon his request. He does not believe a thorough study or review of his unique circumstances were evaluated. He adds his TIG was automatically downgraded to O5 and his wife health, his mother health and his health situation was not considered by the proper approval authority. 3. The applicant provides the above referenced documents to include: a. Self-authored statement, dated 15 January 2018, which states he did not receive a fair review of his TIG waiver at retirement based on his unusual circumstances. He is not seeking retroactive pay and allowances. b. Self-authored statement, dated 24 August 2017, which states the Board allow him to retire in the rank and grade of COL/O6. He retired honorably from the Army as a Presbyterian Army Chaplain after 23 years of service. c. Memorandum, sub: Voluntary Retirement, dated 21 September 2010, in which the [Applicant] requests retirement, effective 1 October 2011. d. Retirement Orders Number 2335-001, date 1 December 2010, which shows the [Applicant] was placed on the retirement list, effective 1 October 2011, in the retired grade and date of rank of LTC, 1 May 2010. e. Memorandum, subj: TIG for Retirement, 23 May 2011, which states the applicant requested to retire in his rank and grade of COL/O6. He explains that due to his wife’s medical condition of rheumatoid arthritis and his ailing mother’s battle with Alzihmers, it is best for him to retire. f. Promotion Orders Number 111-022, dated 21 April 2010, effective 1 May 2010, he was promoted to the rank and grade of COL/O6. g. A letter of support from X_X_, dated 4 May 2011, a general officer and peer, which states the applicant was selected as their pastor for experience as a dynamic leader, superb chaplain and passionate ministry style. h. A letter of support from X_X_, dated 23 May 2011, a senior officer and peer, which states the applicant is a true servant leader of character who deeply cares for others and Soldiers. His devotion and dedication to provide religious support is the strongest that he’s seen in hi s34 years of service in uniform. i. A letter of support from X_X_, dated 23 May 2011, a senior officer and Garrison Commander, which states the applicant has faithfully served his community and their future strategic leaders with dedication and devotion. His ministry and service record in peace time and combat has been an encouragement to Soldiers and family members. j. A letter of support from X_X_, dated 3 December 2018, a retired general officer and peer, which states the applicant led as a Colonel with General Officer potential. He empowered all of his chaplains and chaplain assistants with espirit de corps and the best resourcing possible to take care of Soldiers. k. A letter of support from X_X_, dated 5 December 2018, a general officer, which states he personally observed the applicant’s leadership, demeanor, compassion and courage in the toughest situations, including combat and stability operations. l. A letter of support from X_X_, dated 5 December 2018, a general officer, which states the applicant’s outstanding record of service certainly demonstrates a servant leader and Chaplain who poured himself out for others. Due to some very challenging and unique circumstances he had to retire earlier that the required time in grade. m. A letter of support from X_X_, dated 11 December 2018, a command sergeant major, which states the applicant’s presence as a man of God brought certain comfort to their Soldiers across the battlefield. He had a way of making the hard days seem not so hard but instead manageable. n. Presidential Certificate for retirement. o. Chief of Chaplains Certificate for retirement. p. Presidential Letter for retirement. q. Certificate for The Legion of Merit for retirement. r. Certificate of Retirement from the Armed Forces of the United States. s. Wellspan Rheumatology – Gettysburg, dated 6 May 2011, from M_D_ which states the applicant’s spouse suffers from rheumatoid arthritis. t. Medical letter from X_X_, dated 14 October 2008, which provides medical information on the applicant’s spouse. u. Medical letter from X_X_, dated 17 May 2011, which states the applicant’s mother is residing in a nursing home, long term facility and unable to care for herself due to dementia. v. DAV claims letter, date 12 December 2016, which provides VA benefit information for [Applicant]. w. Verification of Military Experience and Training (VMET), dated 12 January 2018. x. Presidential correspondence which includes two letters from the member to the President and a response from, the White House. 4. A review of the applicant’s service record shows: a. He executed the oath of office on 19 December 1986. b. He was honorably retired on 1 October 2011. Based on his DD Form 214, he completed 23 years, 1 month and 18 days of net service. 5. By regulation, (AR) 600-8-24 (Officer Transfers and Discharges), in effect at the time, prescribes policies and procedures governing transfer and discharge of Army officer personnel. Paragraph 6-1 (b) states a commissioned officer must serve on active duty 3 years in grade to retire in rank above major and below lieutenant general. However, the Secretary of Defense has authorized the Secretary of the Army to waive this requirement in individual cases involving extreme hardship or exceptional or unusual circumstances. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and letters of support were carefully considered. Evidence of record shows he was selected for promotion to COL. However, he requested to retire in lieu of accepting the promotion to attend to his family. Based upon the preponderance of the evidence, the Board agreed there is insufficient evidence that shows his decision to retire was due to an extreme hardship in which regulatory guidance could allow for the promotion. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. By regulation, Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), in effect at the time, prescribes policies and procedures governing transfer and discharge of Army officer personnel. Paragraph 6-1 (b) states a commissioned officer must serve on active duty 3 years in grade to retire in rank above major and below lieutenant general. However, the Secretary of Defense has authorized the Secretary of the Army to waive this requirement in individual cases involving extreme hardship or exceptional or unusual circumstances //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170015963 5 1