IN THE CASE OF:	  

		BOARD DATE:	  	  4 December 2008

		DOCKET NUMBER:  AR20070018419 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be awarded additional constructive credit and that his date of rank (DOR) to captain (CPT) be adjusted to 24 November 2004.

2.  The applicant states that he was appointed as a chaplain and he should have been credited with 3 years of service credit plus an additional 2 years, 4 months, and 25 days of prior commissioned service credit based on Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), paragraph 3-7.  He states he began his service on 23 November 2003 and was discharged on 17 April 2006 with 2 years, 4 months, and 25 days of commissioned service.  He also states that he was reappointed into the Chaplain Branch on 18 April 2006 and he should have been appointed as a CPT with 1 year, 4 months, and 25 days time-in-grade (TIG).  He contends that his DOR to CPT should be corrected to 24 November 2004.

3.  The applicant provides a copy of his appointment memorandum, dated 18 November 2003; his DA Form 71 (Oath of Office), dated 23 November 2003; his Orders 118-401, dated 28 April 2006, separating him from the Army National Guard and reappointing him in the Army National Guard; and his National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 18 April 2006.



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve second lieutenant (2LT), Staff Specialist, on 23 November 2003.  He was ordered to active duty for training (ADT) from 8 June 2004 through 16 July 2004 to attend the Chaplain Officer Basic Course (OBC) at Fort Jackson, South Carolina.  He was assigned to a temporary position in an Army National Guard unit on 30 November 2004 to provide him with a position while he was attending a seminary.  

2.  Headquarters, Iowa National Guard, Office of The Adjutant General, Camp Dodge, Johnston, Iowa, Orders 118-401, dated 28 April 2006, separated the applicant from the Army National Guard effective 17 April 2006 in the rank of 2LT.  

3.  Headquarters, Iowa National Guard, Office of The Adjutant General, Camp Dodge, Johnston, Iowa, Orders 118-401, dated 28 April 2006, also reappointed the applicant in the Army National Guard in the rank of first lieutenant (1LT) effective 18 April 2006.  The additional instructions indicate his DOR to 1LT as 18 April 2006.

4.  Headquarters, Iowa National Guard, Office of The Adjutant General, Camp Dodge, Johnston, Iowa, Orders 130-401, dated 10 May 2006, amended Orders 118-401, dated 28 April 2006, to show the applicant's DOR to 1LT as 23 November 2004 based on constructive service credit awarded in accordance with Army Regulation 135-100, paragraph 3-7(4).

5.  He was ordered to active duty on 2 June 2006 in support of Operation Iraqi Freedom.  

6.  Headquarters, Iowa National Guard, Office of The Adjutant General, Camp Dodge, Johnston, Iowa, Orders 137-028, dated 17 May 2007, show the applicant was promoted to the rank of CPT, O-3 with an effective date and DOR of 17 May 2007.  Departments of the Army and the Air Force, National Guard Bureau Special Orders Number 176 AR, dated 26 July 2007, granted him Federal Recognition in the rank of CPT effective 25 July 2007.  

7.  The applicant was released from active duty on 25 August 2007 at the completion of his required active service in the rank of CPT.  On the following date, he was transferred back to his Army National Guard unit.



8.  In the processing of this case, a staff advisory opinion was obtained from the National Guard Bureau, Chaplains Office, Personnel Chaplain.  The Personnel Chaplain stated that the applicant was told his appointment rank and TIG would be the summation of his time as a Staff Specialist, Chaplain Candidate plus 3 years as found in paragraph 3-7(3) of Army Regulation 135-100.  The applicant's appointment of 3 years for constructive service credit includes 2 years as a 2LT and the 1 year TIG as a 1LT.  The time that the applicant earned as a Chaplain Candidate is not to be doubly counted.  The Personnel Chaplain further stated that the applicant should have been appointed as a 1LT with 1 year TIG.  

9.  A copy of the advisory opinion was provided to the applicant; however, he did not respond within the allotted timeframe.  

10.  Army Regulation 135-100 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).  Paragraph 3-7a(1) states that appointment of a chaplain will not be made in the rank of 2LT, except as provided in (2) below or in general officer grades.  Entry grade and DOR 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 (paragraph 3-7a(3) and (4)).  A period of time will be counted only once when computing credit.  

11.  Army Regulation 135-100, paragraph 3-7a(1)(a) states that chaplain applicants without prior commissioned service will be credited with 3-years service in an active status.  They will be appointed in the rank of 1LT.  

12.  Army Regulation 135-100, paragraph 3-7a(2) states that chaplain applicants (paragraph 3-6d) may be appointed as 2LTs with assignment to the Staff Specialist Branch, specialty skill identifier (SSI) 00A56.  This is until they become eligible for appointment as a 1LT in the Chaplain Branch.  A chaplain applicant when appointed as 1LT will be credited with the actual service and constructive service credit allowed under (3) and (4) below.  Such credit will not be less than 3 years service in an active status.  

13.  Army Regulation 135-100, paragraph 3-7a(3) states that the purpose of constructive service credit is to provide grade and DOR comparability.  This portion of the regulation directs, in part, to count a period of constructive service only once.  

14.  Army Regulation 135-100, Table 3-1 (Constructive Service Credit) shows that 3 years of constructive credit is awarded for entry grade upon appointment or assignment as a chaplain.  

15.  Army Regulation 135-100, Table 3-2 (Qualifying Periods) shows that commissioned service (other than as commissioned warrant officers) in an active status, but not on active duty, for persons appointed as Reserve commissioned officers are credited 1 year for each year served.  

16.  Army Regulation 135-100, Table 1-2 indicates that appointment to CPT may be made if commissioned service credit is 7 years or more but less than 14 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a Reserve 2LT on 23 November 2003 and continued to serve as a 2LT until he was discharged from the Army National Guard on 17 April 2006.  This is a period of 2 years, 4 months, and 25 days of commissioned service.  During this period, the applicant served as a Staff Specialist, Chaplain Candidate.  

2.  The applicant was reappointed in the Army National Guard on 18 April 2006 in the rank of 1LT with a DOR of 18 April 2006.  His DOR to 1LT was later amended to 23 November 2004 based on his prior commissioned service.  It appears he was actually given more constructive credit than he was authorized, since a period of time may be counted only once when computing credit.  That is, the 3 years of credit he was authorized already covered his period as a Staff Specialist, Chaplain Candidate.  

3.  In addition, an entry grade of CPT is authorized only when 7 years or more but less than 14 years commissioned service credit is granted.  

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _XXX   _______   ___
               CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20070018419





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ABCMR Record of Proceedings (cont)                                         AR20070018419



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