IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20180010960 APPLICANT REQUESTS: a change in his Date of Rank (DOR) to Captain (CPT) to reflect 16 June 2011. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * A Memorandum for Record (MFR) - Promotion as a Reserve Commissioned Officer of the Army dated 21 June 2011 * Special Order# 139 AR dated 21 June 2011 * MFR – Eligibility for Federal Recognition as a Chaplain Candidate dated 7 June 2013 * Special Order# 210 AR dated 23 August 2013 * MFR – Correction of Rank and DOR dated 12 September 2014 * Email Communication dated 19 May 2018 – 24 June 2018 FACTS: 1. The applicant states that he was promoted to the rank of CPT on 16 June 2011 while serving as an Officer within the Signal Corps. On 17 July 2013, when he entered the Chaplain Candidate program, the New York Army National Guard (ARNG) reduced him from CPT to First Lieutenant (1LT). He was advised by the State Chaplain Recruiter that this was standard administrative procedure for CPT’s entering the program. He accessioned as a Chaplain on 27 May 2015 and was again promoted to CPT with a 27 May 2015 DOR. He was later informed that the administrative reduction was unnecessary for chaplain candidates. 2. A review of the applicant’s available service records reflects the following: a. On 25 August 2000 he enlisted in the US Army Reserve (USAR). b. On 20 April 2006 he reenlisted in the USAR as a Cadet. c. On 15 June 2007 he was commissioned in the USAR at the rank of Second Lieutenant (2LT). d. On 29 October 2007 (Order# 264 AR) he received Federal recognition as a 2LT for initial appointment within the ARNG as a Signal Corps Officer. e. On 3 December 2008 (Order# 302 AR) he was promoted to 1LT with an effective DOR of 15 December 2008. f. On 21 June 2011 (Order# 139 AR) he was promoted to CPT with an effective DOR of 16 June 2011. g. On 7 May 2013 he applied for Federal recognition at the rank of 1LT as a Chaplain. h. On 18 July 2013 (Order# 199-1040) he was separated from the ARNG to be reappointed as a Chaplain. i. On 23 August 2013 he was appointed at the rank of 1LT within the ARNG. j. On 15 November 2016 (Order# 238) he obtained Federal recognition as a CPT within the Chaplain Corps with an effective DOR of 27 May 2015. k. On 2 March 2018 (Order# 061-1057) he was released from the ARNG effective 1 March 2018. l. On 6 March 2018 (Order# 52 AR) his Federal recognition within the ARNG was withdrawn. m. On 16 March 2018 (Order# C-03-803411) he reassigned from the USAR Reinforcement (IRR) into the regular Reserve (TPU) effective 2 March 2018. 3. The applicant provides the following: a. A Memorandum for Record (MFR) - Promotion as a Reserve Commissioned Officer of the Army dated 21 June 2011 reflective of his promotion to CPT with a 16 June 2011 effective DOR. b. Special Order# 139 AR dated 21 June 2011 reflective of his Federal recognition of promotion to the rank of CPT within the Signal Corps effective 16 June 2011. c. A MFR – Eligibility for Federal Recognition as a Chaplain Candidate dated 7 June 2013 reflective of him being professionally qualified for appointment as a Chaplain candidate at the rank of CPT with current time in grade. d. Special Order# 210 AR dated 23 August 2013 reflective of his Federal recognition for initial appointment at the rank of 1LT with a 17 Jul 2013 effective date. e. A MFR – Correction of Rank and DOR dated 12 September 2014 reflective of the Personnel Readiness Chaplain’s recommendation to correct the applicants DOR to CPT reflect his previous DOR as a Signal Corps Officer. 4. On 6 February 2020 the National Guard Bureau at the request of the ARBA provided an advisory opinion regarding the applicant’s request for an adjustment in his CPT DOR to reflect 16 June 2011. The Chief, Special Actions Branch states: a. On 23 August 2013, the applicant was erroneously reduced in grade to 1LT and appointed as a Chaplain Candidate (CC) on Special Order #210 AR effective 23 August 2013 by the New York Army National Guard (NYARNG). On 12 September 2014, the ARNG Personnel Readiness Chaplain noted the grade discrepancy and forwarded a Memorandum for Record (MFR) to NYARNG to correct the mistake. There is no evidence that action was taken to fix the error. b. On 10 April 2015, the applicant was found qualified for FEDREC as a Chaplain by an accessions board. Per standard post-board procedure, a memorandum dated 15 April 2015 was forwarded to the OSM and OPM of NYARNG. The memorandum reflected an attempt by the ARNG Chaplain Services Office to once again correct the grade and Time in Grade (TIG) discrepancy by indicating that the Soldier was eligible to be appointed as a CPT with two years, one month, and one day TIG based on previous commissioned service time as a CPT. c. DODI 1312.03, section 3.2, notes that an officer is entitled to entry grade credit to include any prior commissioned service time as an officer in an active status. A reduction to 1LT to enter the Chaplain Candidate Program is without regulatory or statutory basis and deprived the Soldier of commissioned service time as well as pay and allowances that would have accrued had his appointment grade been reflected as recommended by the ARNG Chaplain Services Office. It is the recommendation of that office that the applicant’s DOR to CPT be amended to reflect 16 June 2011 and that he receive full relief to include pay and allowances that were lost through no fault of his own during the period between 17 July 2013 and 25 May 2016 wherein he served as a 1LT. 5. On 19 February 2020 the applicant was provided with a copy of the advisory opinion obtained from the NGB and given the opportunity to submit comments within 15 days from the date of the letter. 6. As of 11 March 2020 the applicant had not responded. 7. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined there is sufficient evidence to grant relief. There is sufficient evidence to indicate that the applicant received Federal Recognition to the rank of CPT on 16 June 2011. The Board agreed with the NGB Advisory opinion that the applicant should not have been reduced to 1LT on 23 August 2013 when he entered into the Chaplain Candidate Program. The Board discussed that his date of rank and TIG should be corrected. Therefore, the Board found that full relief is warranted BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XX :XX :XX GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. 1. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by: • showing the applicant was promoted to the rank of captain (CPT)/O-3 effective 16 June 2011 • paying him all pay due as a result of that correction 2. Amend Special Order #210 AR, effective 23 August 2013 by the New York Army National Guard (NYARNG) to show the applicant’s rank as CPT, with date of rank (DOR) as CPT 16 June 2011. 3. Amend Special Order #238 effective 15 November 2016 by the New York Army National Guard (NYARNG) to show the applicant’s rank as CPT, with date of rank (DOR) as CPT 16 June 2011. 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. National Guard Regulation (NGR) 600-100 (Commissioned Officer Federal Recognition and Related Personnel Activities) states Appointment as a Reserve commissioned Officer of the Army. Upon being federally recognized, a commissioned Officer who does not hold an appointment as a Reserve commissioned officer of the Army shall be appointed a Reserve officer of the Army in the same grade in which the Officer holds a federally recognized appointment in the ARNG and concurrently shall become a member of the ARNG. Officers who have attained status as Reserve commissioned Officers of the Army with assignment to the ARNG may be transferred in grade to the Army Reserve with the consent of the Governor or other appropriate authority of the State, under such regulations as the Secretary of the Army may prescribe. Unless an ARNGUS Officer is discharged from the Reserve of the Army concurrent with withdrawal of Federal recognition, the Officer becomes a member of the Army Reserve upon separation from the ARNG. An ARNGUS Officer's years of service for purposes of promotion and federal recognition will be computed in accordance with Title 10, USC, section 3350. Such service is generally computed by adding all service that the Officer has or is credited by the Secretary of the Army with having, in grade in the Army, or at the discretion of the Secretary of the Army, any other armed force, while in an active status or as a regular officer on the active list of that service, or on the active duty list of the U.S. Army. 2. DODI 1312.03, section 3.2 (Prior Commissioned Service Credit) states that Credit for prior service as a commissioned Officer (except as a commissioned warrant Officer) will be awarded for previous commissioned service performed in any Military Service. For reserve appointments, except as permitted by Paragraphs 3.2.c. or 3.2.d., credit will be awarded on a day-for-day basis for any commissioned service as a regular Officer or as a reserve Officer in an active status. The Secretary of the Military Department concerned may deny prior commissioned service credit for each day of constructive service credit a person who is not currently a regular officer or a reserve officer in an active status receives for the education, training, or experience required for appointment, designation, or assignment as a judge advocate in a Military Department, as a chaplain, or in other officer career fields as designated by the Secretaries of the Military Departments. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010960 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1