RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                              10 JANUARY 2006
      DOCKET NUMBER:              AR20050013332


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBruier                 |     |Member               |
|     |Mr. Qawly Sabree                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his date of rank (DOR) be adjusted to 17
April 1997.

2.  The applicant states that his DOR was erroneously adjusted to 6 January
2002 upon return to active duty following a change of ecclesiastical agent.
 He goes on to state that after serving 6 years and 9 months of active duty
service, he was required to change his ecclesiastical endorsing agent due
to the potential of recall to his religious community.  He goes on to state
that he desired to remain on active duty military service and with the
support of the military chaplaincy office, he found a new endorsing agent
in Lake Placid, Florida.  However, in order to receive the endorsement, he
was required to satisfy a        1-year period of review and stewardship
with the new endorsing agent and he requested to be released from active
duty (REFRAD) to fulfill that requirement.  He continues by stating that he
did so with the intent of returning to active duty after 1 year and when he
did so, his DOR was improperly adjusted.

3.  The applicant provides letters of release from his former endorsing
agent, a letter of acceptance from his new endorsing agent and a list of 12
other documents submitted with his application.

CONSIDERATION OF EVIDENCE:

1.  He was appointed as a Reserve chaplain in the rank of captain on 17
April 1997 and entered active duty on 23 May 1997.  His DOR was
subsequently established as 23 May 1997.  He continued to serve on active
duty until he was honorably REFRAD in the rank of captain on 10 February
2004. He had served 6 years, 8 months and 18 days of total active service
and was transferred to the United States Army Reserve (USAR) Control Group
(Reinforcement).

2.  On 6 January 2005, he was ordered to active duty as an obligated
volunteer officer for a period of 3 years and was assigned to Fort Rucker,
Alabama.  On 3 March 2005, a grade determination was done by the Department
of the Army Human Resouces Command (HRC) – Alexandria, Promotions Branch
which established the applicant’s DOR as a captain as 6 January 2002.

3.  In the processing of this application a staff advisory opinion was
obtained from the HRC – Alexandria, Promotion Branch, which opined that the
applicant was voluntarily REFRAD on 10 February 2004 and was recalled to
active duty on 6 January 2005.  He was given the maximum 3 years of
creditable service allowed under Army Regulation 600-8-29, paragraph 1-
40(2), which made his DOR 6 January 2002.  It was recommended that his
request be denied.  The advisory opinion was provided to the applicant and
to date no response has been received by the staff of the Board.

4.  Army Regulation 600-8-29 prescribes the policies and procedures
governing promotion of officers on the active duty list (ADL).  Paragraph 1-
40 (Grade and active date of rank of Other Than Regular Army (OTRA)
chaplains upon placement on the ADL) provides, in pertinent part, that for
OTRA chaplains above the rank of first lieutenant, the adjusted DOR is the
date they were placed on the ADL backdated by either 3 years or the period
calculated under paragraph 1-39b, whichever is less.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DOR should be adjusted to 17 April
1997, the date he accepted his original commission has been noted and found
to be without merit.

2.  His DOR was adjusted to 23 May 1997 when he originally entered active
duty and that was his DOR at the time he was voluntarily REFRAD at his own
request.

3.  While the applicant’s asserts that he had to change his ecclesiastical
endorsing agent and was required to be REFRAD, it was in fact his choice to
do. Unfortunately, in doing so, his DOR was required to be adjusted and he
received the maximum credit allowed under the applicable regulations
regarding his placement back on the ADL.  Accordingly, there appears to be
no basis to grant his request and to do so would afford him a benefit not
afforded to other chaplains in similar circumstances.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____KW_  ___DD __  ___QS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Kenneth Wright__________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050013332                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |N/A RC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A RC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A RC Soldier on AD                    |
|DISCHARGE REASON        |N/A RC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |N/A RC Soldier on AD                    |
|ISSUES                  |315/DOR                                 |
|1.131.0500              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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