IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080006558 


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, waiver of the requirement to complete the Chaplain Officer Basic Course (OBC) in order that he may be considered for promotion to captain (CPT) by the 2005 Chaplain CPT Promotion Selection Board criteria.  The applicant also requests, if the waiver is not approved, reconsideration of his request for adjustment of his CPT date of rank (DOR) due to an error in the initial determination of his grade as first lieutenant (1LT).

2.  The applicant states, in effect, upon his appointment as an Army Chaplain in June 2003, he was not given the 1 year of additional constructive credit he was entitled to receive and as a result, there was an error made in determining his 1LT DOR.  He states his 1LT DOR was initially established as 20 June 2002, which was later corrected (in February 2006) to 20 June 2001.  The applicant also states that, due to the length of time it took to correct his 1LT DOR, he was considered and selected for promotion by the 2006 Chaplain CPT Promotion Selection Board and his CPT DOR was established as 13 April 2006.  However, the adjustment in his 1LT DOR should allow him to be considered for promotion by a Special Selection Board (SSB) under the 2005 Chaplain CPT Promotion Selection Board criteria.

     a.  The applicant states that during the years in question he was serving in the U.S. Army Reserve (USAR) as a Chaplain and also serving as the full-time pastor of a United Methodist Church, trying to balance two careers and carefully planning when to attend military school.  He adds that, if the error in determining his 1LT DOR was not made and, if he knew he would have been eligible for promotion consideration by the 2005 CPT Promotion Selection Board, he would have completed his Chaplain OBC in 2004.  However, the timing of the correction to his 1LT DOR did not provide him that option.  The applicant states that when the 2005 Chaplain CPT Promotion Selection Board convened he was nearing the completion of 3 of the 4 phases of the Chaplain OBC.  He maintains that the error was due to no fault of his own and he feels this injustice should be corrected by adjusting his CPT DOR to a date in April 2005, based on the date the results of the 2005 Chaplain CPT Promotion Selection Board were approved.

     b.  The applicant states, if the waiver he requests is not granted, then he requests his CPT DOR be adjusted to 2 September 2005, which is the date he graduated from the Chaplain OBC.  The applicant adds that the delay in his request for this correction is due to the fact that he was serving in Afghanistan when his 1LT DOR was corrected.  Upon returning from Afghanistan, he was given incorrect advice indicating he was entitled to have been appointed as a CPT because of the additional 1 year constructive credit.  Consequently, he submitted a request to the Army Board for Correction of Military Records (ABCMR) in December 2006 and another error was then made that incorrectly changed his CPT DOR to 20 June 2003; however, he was unable to get the back pay he felt he was due.  The applicant states that he submitted another request to the ABCMR and was subsequently informed that had he chose to be appointed as an active duty chaplain, he would have been commissioned as a CPT on the basis of the extra year of constructive credit and his CPT DOR would have been 20 June 2003.  However, because he chose to be appointed as a USAR Chaplain, he was commissioned as a 1LT and had to have 4 years time in grade to be promoted to CPT.  The applicant concludes by stating this is the greater injustice and he respectfully requests correction of this matter.

3.  The applicant provides copies of a DD Form 2088 (Certificate of Ecclesiastical Endorsement), dated 23 May 2003; Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated 19 June 2003, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203; Corrected Copy (dated 13 February 2006) of Headquarters, U.S. Army (USA) Human Resources Command (HRC), St. Louis, Missouri, memorandum, dated 19 June 2003, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203; Headquarters, USA HRC, St Louis, Missouri, memorandum, dated 14 February 2006, subject: Date of Rank Correction; Headquarters, USA HRC, St. Louis, Missouri, Orders B-05-603627, dated 10 May 2006; DA Form 1059 (Service School Academic Evaluation Report), dated 16 March 2005; and DA Form 1059, dated 1 September 2005.


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records in Docket Number AR20070012941 on 7 February 2008 and Docket Number AR20060017836 on 8 March 2007.

2.  The applicant’s military service records contain a copy of Headquarters, U.S. Total Army Personnel Command, St. Louis, Missouri, memorandum, dated
19 June 2003, subject: Appointment as a Reserve commissioned officer of the Army Under Title 10, USC 12202 and 12203, that shows, in pertinent part, the applicant was appointed as a Chaplain Reserve Commissioned Officer of the Army in the grade of 1LT, effective 20 June 2003, and credited with 3 years of service in an active status.

3.  The applicant’s military service records contain a copy of a DA Form 1059, dated 16 March 2005, that shows, in pertinent part, he completed Module 3 of the Chaplain Officer Basic Course on 16 March 2005.  The applicant’s records also contain a copy of a DA Form 1059, dated 1 September 2005, that shows, in pertinent part, he completed the Chaplain Officer Basic Course 05-002 on
2 September 2005 and that he was branch certified.

4.  The applicant’s military service records contain a “Corrected Copy” (dated
13 February 2006) of Headquarters, USA HRC, St. Louis, Missouri, memorandum, dated 19 June 2003, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, USC 12202 and 12203, that shows, in pertinent part, the applicant was appointed as Chaplain Reserve commissioned officer of the Army in the grade of 1LT, effective 20 June 2003, and credited with 4 years of service in an active status.

5.  The applicant’s military service records contain a copy of Headquarters, USA HRC, St. Louis, Missouri, memorandum, dated 14 February 2006, subject: Date of Rank Correction, that shows the applicant was notified that his 1LT DOR was in error as 20 June 2002, and it should be 20 June 2001.  As a result, the Soldier Management System (SMS) and Total Army Personnel Database (TAPDB) were updated to reflect the correction.

6.  The applicant’s military service records contain a copy Headquarters, USA HRC, St. Louis, Missouri, Orders B-05-603627, dated 10 May 2006, that shows the applicant was promoted to the grade of rank of captain (CPT)/pay grade O-3, effective and with a DOR of 13 April 2006.

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 (Appointment), Section III (Appointment of Chaplains), 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.  Army Regulation 135-100, Chapter 3, Section III, paragraph 3-7 (Appointment grade and date of rank) provides for appointment of chaplains in the grade of second lieutenant or first lieutenant.  Paragraph 3-7 and Table 3-1 (Creditable Service Credit) also provide that 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: (1) count a period of constructive service only once; (2) do not count periods of time spent in an active status as a commissioned officer or on active duty; (3) credit qualifying periods of less than 1 full year proportionately; and (4) the number of years creditable as constructive service credit may not exceed the following: (a) entry grade for appointment or assignment receives a credit of 3 years; (b) 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 receives a credit of 1 year; and (c) 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 a maximum of 3 years.

9.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers, Other Than General Officers), Chapter 2 (Promotion Eligibility and Qualification Requirements), Table 2-1 (Time in Grade Requirements Commissioned Officers, Other Than Commissioned Warrant Officers), provides, in pertinent part, that the minimum time in grade as a first lieutenant for promotion to captain is 2 years and the maximum time in grade is 5 years.  Table 2-2 (Military Educational Requirements Commissioned Officers, Other Than Commissioned Warrant Officers Grade) of Army Regulation 135-155 states, in pertinent part, that first lieutenants must complete the resident officer basic course to be eligible for promotion to captain.  Paragraph 2-15 (Exceptions) of this Army regulation provides educational requirement exceptions.  This Exceptions paragraph is prefaced with the statement, “[w]ith the exception of the completion of OBC,…(emphasis added).”  Thus, there are no exceptions (or waiver) of the requirement to complete the resident OBC prior to consideration for promotion.

10.  Army Regulation 135-155, Chapter 3 (Board Schedules and Procedures), paragraph 3-19 (Promotion Reconsideration Boards), provides that officers and warrant officers who have either failed of selection for promotion, or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate.  This paragraph also provides, in pertinent part, that records of officers or former officers will be referred for special selection board (SSB) action when the Office of Promotions (Reserve Components (RC)) determines: (a) an officer was eligible for promotion consideration; however, the officer's records were, through error, not submitted to a mandatory promotion selection board; (b) a review of a mandatory selection board finds that an officer's records contained a material error; or (c) the Army Board for Correction of Military Records requests such a referral.

11.  Army Regulation 135-155, paragraph 3-19, further provides, in pertinent part, the Commander, USA HRC, Office of Promotions (RC) may find that a "material error" caused the non-selection of an officer by a promotion board.  That agency must first determine that there is a fair risk that, in pertinent part, the record erroneously reflected that an officer was ineligible for selection for educational or other reasons and, in fact, the officer was eligible for selection when the records were submitted to the original board for consideration.  This paragraph also provides that application for promotion reconsideration will be sent through command channels to the Commander, USA HRC, Chief, Office of Promotions (RC), St. Louis, Missouri.  As an exception, the area commander will disapprove applications for SSB consideration under the "material error" from officers not meeting the minimum military or civilian education requirements, without referral to the USA HRC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should be granted a waiver of the requirement to complete the Chaplain OBC in order that he may be considered for promotion by the 2005 Chaplain CPT Promotion Selection Board criteria.  Due to no fault of his own, an error was made when his 1LT DOR was initially established, he was subsequently given 1 year of additional constructive credit, and his 1LT DOR was corrected to 20 June 2001 in February 2006.  He also contends that the demands of his civilian and military service precluded him from completing the Chaplain OBC prior to the date the 2005 Chaplain CPT Promotion Selection Board convened.  The applicant further contends, if the requested waiver is not approved, then his request for adjustment of his CPT DOR to 
2 September 2005 (i.e., the date he completed the Chaplain OBC) should be reconsidered.

2.  The applicant maintains, in effect, that the original error in his 1LT DOR effectively caused his records not to be considered by the 2005 Chaplain CPT Promotion Selection Board.  In support of his claim the applicant states, “I was attempting to balance two careers.  Because of this I had to carefully plan when to attend military school.  If the error in determining my 1LT DOR was not made, and I had knowledge that I was eligible for promotion to CPT in 2005, I would have completed the course in 2004.”  However, in his application to the ABCMR, dated 15 December 2006, the applicant states, “[s]ubsequent to my appointment, I sought to rectify this failure to properly compute my constructive credit” and that “[s]pecific regulatory authority for my direct appointment as a Captain is delineated in AR 135-100, [paragraph] 3-7 (see Table 3-1).”

3.  The evidence of record shows that, as a result of the corrected 1LT DOR, the applicant was eligible for consideration by the 2005 Chaplain CPT Promotion Selection Board.  However, the evidence of record also shows the applicant had not completed the military educational requirement (i.e., the Chaplain OBC) prior to the convening date of the 2005 Chaplain CPT Promotion Selection Board.

4.  The evidence of record is clear that promotion to the grade of rank of CPT requires completion of the resident OBC course prior to the convening date of the promotion selection board.  The evidence of record indicates that shortly after the applicant was appointed a Reserve commissioned officer he was pursuing additional constructive service credit which, if approved, would directly affect his 1LT DOR or grade or rank (i.e., CPT).  Thus, based on the applicant’s years of formal civilian education and the fact that he cites the Army regulatory guidance concerning constructive service credit, it is reasonable to conclude the applicant was also aware of the time in grade and military educational requirements for promotion to CPT.  Moreover, based on the applicant’s own argument and acknowledgement, it is reasonable to conclude that he should have also been pursuing completion of the Chaplain OBC in anticipation of receiving additional constructive service credit (i.e., that could lead to accelerated promotion eligibility and consideration).  Nonetheless, despite the fact that nearly 2 years had elapsed from the date the applicant was appointed as a Reserve commissioned officer and the date the 2005 Chaplain CPT Promotion Selection Board convened, the evidence of record shows he did not complete the Chaplain OBC until 2 September 2005 (i.e., more than 2 years after his appointment as a USAR commissioned officer).  Therefore, the applicant is not entitled to a waiver of the military educational requirement for completion of OBC to allow consideration of his records by an SSB under the 2005 Chaplain CPT Promotion Selection Board criteria or adjustment of his CPT DOR to April 2005.

5.  The applicant contends that, if the requested waiver or adjustment of his CPT DOR to April 2005 is not approved, then his CPT DOR should be adjusted to
2 September 2005 because of the original error made in determining his 1LT DOR.  The evidence of record shows the applicant completed the military educational requirement for consideration of promotion to CPT on 2 September 2005.  The evidence of record also shows the applicant’s record was properly considered by the 2006 Chaplain CPT Promotion Selection Board, he was selected for promotion by that board, and promoted to the grade of rank of CPT, effective and with a DOR of 13 April 2006.  The applicant’s CPT DOR is prior to the maximum years in lower grade (i.e., 5 years) allowed by the governing Army regulatory guidance, which, in the applicant’s case was 20 June 2006. There is no evidence, and the applicant provides insufficient evidence, to show that the effective date and/or DOR of his promotion to the grade of rank of CPT is in error or unjust.  Therefore, the applicant is not entitled to adjustment of his CPT DOR.

6.  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

____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.




       _   ___X___   ___
       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)                                         AR20080006558



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ABCMR Record of Proceedings (cont)                                         AR20080006558



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