RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008
	DOCKET NUMBER:  AR20070012941 


	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

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. 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 correction of his records to show he was appointed in the U.S. Army Reserve (USAR), Chaplain Corps, as a captain (CPT)/O-3 instead of 1st lieutenant (1LT)/O-2; correction of his effective date of rank as a CPT/O-3 to 20 June 2003 instead of 13 April 2006; and, in effect, all back pay as a result of this correction.

2.  The applicant states that his civilian education combined with his professional work experience (PWE) entitled him to an initial appointment as a CPT/O-3 instead of a 1LT/O-2 in the Chaplain Corps.  However, at the time of processing his appointment in the USAR, he was not given full constructive service credit that would have justified his appointment as a CPT/O-3.  He further states that by virtue of his Master of Divinity degree, he was entitled to three years of constructive credit and that he was also entitled to an additional year for his 10 years of PWE, as attested by the DD Form 2088 (Certificate of Ecclesiastical Endorsement).  He also adds that subsequent to his appointment, he sought to rectify the computation of his service credit through the Office of the Chief of Chaplains (OCCH) and that his efforts led to correction of his date or rank (DOR) as a 1LT/O-2 from 20 June 2002 to 20 June 2001.  While he was in the process of correcting the constructive service credit error, he was selected for promotion to CPT/O-3 in April 2006.  He continued his efforts to correct his appointment grade and was finally issued an undated memorandum which stated that his DOR was corrected to reflect 20 June 2003 (the date of his appointment). However, his effective date to CPT/O-3 was not changed.  

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  U.S. Total Army Personnel Command, St. Louis, Missouri [now known as the U.S. Army Human Resources Command (HRC)-St Louis, Missouri], Memorandum, dated 19 June 2003, Appointment as a Reserve Commissioned Officer of the Army.

	b.  HRC-St. Louis, Missouri, Orders C-06-315805, dated 20 June 2003, Reassignment to the USAR Control Group (Reinforcement).

	c.  DA Form 71 (Oath of Office), dated 20 June 2003. 

	d.  DD Form 2088, dated 23 May 2003.

	e.  HRC-St Louis, Missouri, Memorandum, dated 14 February 2006, correcting his DOR to 1LT/O-2.

	f.  HRC-St. Louis, Missouri, Memorandum, dated 13 February 2006, Corrected Copy of the 19 June 2003 Memorandum, Appointment as a Reserve Commissioned Officer of the Army.

4.  On 18 January 2006, the applicant provided a copy of his Officer Record Brief and an undated Memorandum by the Deputy Director, Directorate Support Division, HRC-St. Louis, Missouri, correcting his DOR as a CPT/O-3 to 20 June 2003. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he submitted an application for appointment as a commissioned officer in the USAR, in the Chaplain Corps, on 20 May 2003. He had no prior military service.  On 19 June 2003, by memorandum, the U.S. Total Army Personnel Command, St. Louis, Missouri (HRC-St. Louis, Missouri) notified him that he was appointed as a USAR commissioned officer, in the Chaplain Corps, as a 1LT/O-2.  He was credited with 3 years, 0 months, and 0 days in an active status.  He executed an oath of office on 20 June 2003.  His DOR as a 1LT/O-2 was established as 20 June 2002, based on 3 years of constructive service credit.

2.  On 16 March 2005, the applicant completed Phase I of the USAR Chaplain Officer Basic Course and on 1 September 2005, he completed Phase II of the USAR Chaplain Officer Basic Course.  

3.  On 10 May 2005, HRC-St. Louis, Missouri, published Orders B-05-603627 announcing the applicant’s promotion in the USAR to the grade of CPT/O-3 with 13 April 2006 as his effective date and DOR.

4.  On 14 February 2006, by memorandum, HRC-St. Louis, Missouri, notified the applicant that his DOR to 1LT/O-2 was in error as 20 June 2002, due to not counting the additional 1 year for his PWE, and that the HRC-St. Louis, Missouri, Soldier Data System was updated to reflect his new DOR as 20 June 2001. 

5.  The Chief, Special Actions Branch, Office of Promotions, Reserve Components, indicated that the applicant may be entitled to administrative relief due to correction of his constructive service credit.  As a result of the additional year of constructive service credit, the applicant may be entitled to compete for promotion from 1LT/O-2 to CPT/O-3 under the 2005 Reserve Components Selection Board (RCSB) instead of the 2006 RCSB that selected him.  As such, the applicant may apply to Commander, HRC-St. Louis, ATTN:  Special Actions Branch, Office of Promotions, 1 Reserve Way, St. Louis, Missouri, 63132-5200 for consideration by a Special Selection Board (SSB) citing his miscalculated constructive service credit as the reason for SSB consideration.

6.  There is no indication that the applicant has submitted a request for consideration under a SSB as a result of the correction of his DOR to 1LT/O-2.  The applicant may submit a request for a SSB to the above address.  The applicant is required to exhaust all administrative remedies; accordingly, there will be no further discussion of this issue in this Record of Proceedings.

7.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR).  Chapter 3 of this regulation prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplains.  It states, in pertinent part, applicants for initial appointment in ranks above second lieutenant and former officers without prior service as chaplains must  possess a baccalaureate degree of not less than 120 semester hours and complete 3 resident years of graduate professional study in theology or related subjects (normally validated by the possession of a Master of Divinity or equivalent degree or 90 semester hours), that lead to ecclesiastical endorsement as a member of the clergy fully qualified to perform the ministering functions of a chaplain, at a graduate school.  Applicants for initial appointment must also receive endorsement from an ecclesiastical endorsing agency recognized by the Armed Forces Chaplains Board.  In granting ecclesiastical endorsement, endorsing agents must use DD Form 2088, Ecclesiastical Endorsement, which certifies that the applicant is a fully qualified member of the clergy of a religious faith group represented by the certifying endorsing agency and is qualified spiritually, morally, intellectually, and emotionally to serve as a chaplain of the Army.

8.  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 prior commissioned service allowed.  This includes the amount of constructive service credit allowed.  A period of time will be counted only once when computing credit.  Applicants without prior commissioned service will be credited with 3 years service in an active status. They will be appointed in the rank of first lieutenant.   Reserve Component commissioned officers will be ordered to active duty with assignment to the Chaplain Branch.  Assignment will be in their Reserve grades unless a higher grade, below that rank of major is authorized.

9.  The date of rank of an officer commissioned in the USAR and appointed to the Chaplain Branch is determined by the entry grade credit awarded on appointment.  The purpose of constructive service credit is to provide grade and date of rank 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 relates to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree.  Constructive service credit is computed and awarded as follows: (a) count a period of constructive service only once; (b) do not count periods of time spent in an active status as a commissioned officer or on active duty; (c) credit qualifying periods of less than 1 full year proportionately; and (d) the number of years creditable as constructive service credit may not exceed the following:

	a.  Category:  Entry grade for appointment or assignment receives a credit of 3 years.

	b.  Category:  Seven or more years of extensive practical experience in a ministry as documented on DD Form 2088 submitted by the individual’s Ecclesiastical Endorsing Agency; receive a credit of 1 year.

	c.  Category:  Unusual cases involving special experience or unique qualifications as determined by the Secretary of the Army or his designee, upon the recommendation of the Chief of Chaplains, receive credit of one–half year for each year to maximum 3 years.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that upon his appointment in the USAR, the applicant's constructive service credit was incorrectly computed.  He had completed a Master Degree in Divinity, thus entitling him to 3 years of constructive service credit.  He also possessed 10 years of extensive practical experience in a ministry as documented on DD Form 2088, thus entitling him to one additional year.  

2.  With respect to being appointed as a 1LT/O-2 instead of CPT/O-3, there is no evidence that the applicant was tendered a new original appointment in a higher grade, in the grade of CPT/O-3.  By rule, applicants to the Chaplain Corps, without prior commissioned service, are credited with 3 years service in an active status.  They are appointed in the rank of first lieutenant.  Therefore, the incorrect constructive service credit did not disadvantage the applicant during his initial appointment grade.  His 1LT date of rank has been administratively corrected.  

3.  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 not submitted sufficient evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __rml___  __qas___  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.




							William D. Powers
______________________
          CHAIRPERSON










INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.