RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2007
      DOCKET NUMBER:  AR20070006757


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Blakely               |     |Chairperson          |
|     |Mr. John Slone                    |     |Member               |
|     |Mr. David K. Haasenritter         |     |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, in effect, that his date of rank (DOR) should
be adjusted to 19 July 2005, the date of his accession into the National
Guard Chaplaincy.

2.  The applicant states, in effect, his accessions acceptance packet was
not returned to his state with an acceptance letter outlining the
constructive credit granted for schooling and professional pastoral
experience.  Therefore, his Federal Recognition order did not adjust his
DOR.

3.  The applicant provides a copy of NGB Form 337 (Oath of Office),
Department of the Army and Air Force, Special Orders Number 246 AR, and a
copy of DA Form 2088 (Statement of Ecclesiastical Endorsement) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he is a member of
the Arizona, Army National Guard (AZARNG) serving as a chaplain in the rank
of first lieutenant (1LT).  The available records show the applicant was
ordered to active duty in support of Operation Enduring Freedom and he is
currently serving in Afghanistan.

2.  The available evidence show the applicant was initially appointed in
the AZARNG in the rank of second lieutenant effective 26 May 2005.

3.  The DD Form 2088 (Certificate of Ecclesiastical Endorsement), dated
15 February 2006, that was provided by the applicant shows, in pertinent
part, that he had 4 years of experience as a pastor in the Fundamental
Baptist Fellowship International Church.

4.  The applicant's military service records show that the AZARNG approved
the applicant's appointment as a 1LT in the Chaplain Corps effective 19
July 2006.  The applicant signed the Oaths of Office on that same day.

5.  National Guard Bureau, Federal Recognition Orders Number 246 AR, dated
27 September 2006, awarded the applicant permanent Federal Recognition in
the grade of 1LT, effective 19 July 2006.


6.  During the processing of this case, an advisory opinion was obtained
from Headquarters, NGB, Chief, Personnel Division.  The opinion recommended
that the applicant’s initial appointment effective date remain 19 July
2006, but that his DOR be adjusted to 19 July 2005, because he was not
given 1 year constructive credit for his civilian education and experience
as a civilian pastor in accordance with Army Regulation (AR) 135-100.

7.  The opinion states that the applicant received his Masters degree in
Biblical studies on 21 May 2000, he completed the chaplain Initial Military
Training Course on 30 June 2005, and on 7 June 2006, he completed the
Chaplain Basic Officer Course.  The opinion also states that the 10th
Mountain Division Commander issued a memorandum in support of the
applicant’s request that his DOR be adjusted to 19 July 2005 and that he be
awarded constructive credit.  Further, the opinion indicates that a State
Federal recognition examining board approved the applicant’s appointment as
a 1LT in the chaplain branch effective 19 July 2006.  He signed an Oaths of
Office on that same date.  Order Number 201-629 was published appointing
him in the ARNG effective 19 July 2006 and Federal Recognition Order Number
246 AR was also issued for initial appointment with an effective date and
date of rank of 19 July 2006.  The opinion concludes that the 82nd Airborne
Division, chaplain Deputy Commander requested that the applicant’s DOR be
adjusted to 19 July 2005 and that he be awarded constructive credit for his
civilian and education experience.

8.  On 17 May 2007, the applicant was provided a copy of the above advisory
opinion and given an opportunity to reply to its content.  The applicant
did not respond.

9.  Army Regulation 135-100 (Appointment of Commissioned and Warrant
Officers of the Army) establishes responsibility and provides procedures
for the appointment of commissioned and warrant officers in the Reserve
Components of the Army.  Paragraph 3-7 (Appointment grade and date of rank)
of this Army regulation provides that the purpose of constructive service
credit is to provide grade and DOR comparability.  This is for a person who
begins commissioned service after obtaining the additional education,
training, or experience required for appointment or assignment as a
commissioned officer in a professional field.  This paragraph also
provides, in pertinent part, that the entry grade and date of rank in
commissioned officer grades will be determined by the entry grade credit
awarded on appointment.  The entry grade credit awarded will be the sum of
the amount of constructive service credit allowed and prior commissioned
service allowed.  An applicant when appointed as a 1LT will be credited
with the actual service and constructive service credit allowed; however,
the number of years creditable as constructive service credit may not
exceed 1 year.  Table 3-1 (Creditable Service Credit) of Army Regulation
135-100 provides, in pertinent
part, that seven or more years of extensive practical experience in a
ministry as documented on DD Form 2088 (Certificate of Ecclesiastical
Endorsement) submitted by the individual's Ecclesiastical Endorsing Agency
is authorized
1-year constructive service credit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DOR should be adjusted to 19 July 2005,
the date of his accession into the National Guard Chaplaincy.

2.  The available evidence shows the applicant was fully qualified for
promotion to first lieutenant on 19 July 2005.

3.  Records show the applicant was promoted to the rank of first lieutenant
and awarded permanent Federal Recognition effective 19 July 2006 and that
he was not given 1 year of constructive credit for which he was qualified
based on his civilian education and experience.

4.  Based on applicable law and regulation and the fact that the applicant
met the civilian education and experience requirements for award of
constructive credit, he is entitled to have his DOR adjusted to 19 July
2005 and to have his Federal Recognition Order Number 246 AR amended to
show his date of rank as 19 July 2005.  His effective date of rank (19 July
2006) will remain unchanged.

BOARD VOTE:

__WB___  __JS____  ___DKH_  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:


      a.  adjusting the his date of rank to 19 July 2005; and

      b.  amending Federal Recognition Order Number 246 AR, dated
26 September 2006, to show the individuals date of rank as 19 July 2005.




                                  ____ William Blakely____

CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20070006757                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/07/18                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]