IN THE CASE OF:	 

		BOARD DATE:	  29 December 2009

		DOCKET NUMBER:  AR20080016770 


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, award of constructive credit for his 10 years of pastoral experience and adjustment to his dates of rank (DOR) for captain and major.

2.  The applicant states that there was an error in calculating and applying constructive credit for his 10 years of professional pastoral ministry at the time of his appointment.  Pastors who enter the ranks of chaplaincy are ordinarily given constructive credit of 1 year if they have served over 7 years as a civilian clergy.  He also states that his computed DOR for promotion from first lieutenant to captain neglected to factor this constructive credit (10 years of pastoral ministry according to his DA Form 2088 (Ecclesiastical Endorsing Agent Certificate)) into consideration.  As he understands, pastoral ministry in excess of 7 years, as indicated on his DD Form 2088, is considered constructive credit and would be relevant in granting 1 year of time in grade as a first lieutenant.  His Federal recognition to the rank of captain indicated 3 June 1997.  This demonstrates that he was in the grade of first lieutenant for 4 years.  This is 2 years more than others in his situation would be required to remain, all other things being equal.  He could have been promoted after 2 years at a minimum, providing his basic course was completed, which it was on 6 October 1995, and he could have been considered for promotion in 1995.

3.  In support of his application, the applicant provides copies of an Army Reserve Personnel Center-St. Louis (ARPC-SL) Form 1035 (Computation Sheet for Establishing Constructive Commissioned Service Date, DOR, and Projected Promotion Eligibility Date of Reserve Officers), two DD Forms 2088, his U.S. Army Reserve (USAR) appointment memorandum and oath of office, a Service School Academic Evaluation Report, his Ohio Army National Guard (OHARNG) appointment orders, a Chaplain Officer Basic Course replacement diploma, his Doctor of Ministry diploma, his captain and major promotion orders, an Eligibility for Promotion as a Reserve Commissioned Officer Not on Active Duty memorandum, his Federal recognition orders, his DD Form 214 (Certificate of Release or Discharge from Active Duty), his OHARNG separation orders, paragraph 3-7 and Table 3-1 of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), his Army training information architecture (ATIA) historical enrollments record, and the Army Reserve Chaplain Career Guide.

CONSIDERATION OF EVIDENCE:

1.  The applicant submitted a copy of his ARPC-SL Form 1035 that shows his original acceptance grade as first lieutenant, his original acceptance date as 20 April 1993, and award of 3 year constructive credit.  The form also shows his date of rank for first lieutenant as 20 April 1993 and he was entitled to subtraction of constructive credit over the minimum for current grade.  The form further shows he was eligible for promotion to captain in 4 years (20 April 1997), to major in 7 years, and to lieutenant colonel in an additional 7 years.

2.  The applicant also submitted a copy of his DD Form 2088, dated 12 March 1993, that shows he had completed 10 years of professional/pastoral experience and was authorized to represent the Presbyterian Church, U.S.A.

3.  The applicant's military records show he was appointed in the USAR Chaplain Branch as a first lieutenant effective 12 April 1993 with 3 years of constructive credit.  He completed the Chaplain Officer Basic Course on 8 July 1993.

4.  The applicant was appointed in the OHARNG Chaplain Branch as a first lieutenant effective 23 November 1993.

5.  The applicant also submitted a replacement diploma for the Chaplain Officer Basic Course dated 6 October 1995 and his Doctor in Ministry diploma dated 15 March 1996.

6.  The applicant further submitted a copy of his DD Form 2088, dated 15 April 1996, that shows he completed 13 years and 2 months of professional/pastoral experience and was authorized to represent the Presbyterian Church, U.S.A.

7.  On 9 January 1997, orders were issued promoting the applicant to captain with an effective date of recommendation of 4 January 1996.  The orders also stated that the effective date of the promotion would be the date Federal recognition orders were published.

8.  On 27 January 1997, orders were issued amending the 9 January 1997 orders changing the effective date of recommendation for his promotion to captain from 4 January 1996 to 4 January 1997.  The orders also stated that the effective date of the promotion would be the date Federal recognition orders were published.

9.  The Secretary of the Army established the promotion zone for the 2002 Chaplain Reserve Components Selection Board (RCSB) for officers with dates of rank for captain from 17 May 1995 to 31 May 1996.  The established promotion zone for the 2003 Chaplain RCSB was for officers with dates of rank for captain from 1 June 1996 through 30 June 1997.

10.  The applicant was considered and selected for promotion to major by the 2003 Chaplain RCSB that convened on 24 February and recessed on 27 February 2003.  The board results were approved on 29 May 2003.

11.  The National Guard Bureau (NGB) issued an eligibility for promotion memorandum, dated 1 July 2003, which advised of the applicant's selection for promotion to major by the 2003 Chaplain RCSB that adjourned on 27 February 2003.  The memorandum also advised that the effective date of promotion would be either of the following dates:  (1) 2 June 2004, or (2) the date Federal recognition was extended in the higher grade, or (3) the date following the date Federal recognition was terminated in the current Reserve grade.

12.  On 29 September 2003, the OHARNG issued orders promoting the applicant to major with an effective date of recommendation of 26 September 2003.  The orders also stated that the effective date of the promotion would be the date Federal recognition orders were published.  He was extended Federal recognition and promoted to major effective 6 October 2003.

13.  The applicant served on active duty in support of Operation Enduring Freedom from 30 July 2004 to 18 April 2005 as a member of the OHARNG.  He was honorably separated from the OHARNG in the rank of major effective 6 June 2005 and transferred to the USAR Control Group (Reinforcement).

14.  The applicant also submitted copies of Army Regulation 135-100, paragraph 3-7 and Table 3-1, his ATIA historical enrollments record, and the Army Reserve Chaplain Career Guide.
15.  In an advisory opinion, dated 25 November 2008, the Chief, Personnel Division, NGB, reiterated the applicant's request.  The NGB official recommended approval of applying the 1 year of constructive credit for over 10 years of pastoral experience to the applicant.  In addition, the NGB official recommended that the applicant's record be corrected to reflect:  (1) initial appointment of captain with an effective date and DOR of 23 November 1993 with entitlement to back pay and allowances as a result of this adjustment, (2) adjustment to his promotion to major effective date to 23 November 2000 (maximum time in grade), and (3) consideration by a special selection board for promotion to lieutenant colonel under the 2007 year criteria.

16.  The NGB official stated that in accordance with Army Regulation 135-100, chapter 3, section III, paragraphs 3-6 and 3-7, and Tables 3-1 and 3-2, applicants with prior service as chaplains in any component of the Armed Forces of the United States must meet the ecclesiastical endorsement by the Executive Director, Armed Forces Chaplains Board.  Appointment will not be made in the rank of second lieutenant.  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.  A period of time will be counted only once when computing credit.

17.  The NGB official further stated that the purpose of constructive service credit is to provide grade and DOR comparability.  The DOR of an officer commissioned in the Reserve and appointed to the Chaplain Branch will be determined by the entry-grade credit awarded on appointment.  Army Regulation 135-155, chapter 3, section III, paragraph 3-19(a), specifies that officers who have failed selection for promotion or were erroneously not considered through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board, as appropriate.

18.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 26 November 2008 and he concurred on 1 December 2008.

19.  Army Regulation 135-100, paragraph 3-7(2), specifies that an applicant, when appointed as a first lieutenant in the Chaplain Branch, will be credited with the actual service and constructive credit allowed.  Table 3-1 provides for award of 3 years' creditable service and 1 year of credit for 7 or more years of extensive practical experience in a ministry as documented on a DD Form 2088 submitted by the individual's ecclesiastical endorsing agency.  Paragraph 3-7b(1) specifies that the DOR of an officer commissioned in the Reserve of the Army and appointed to the Chaplain Branch will be determined by the entry-grade credit awarded on appointment.  Table 2-1 provides for an appointment grade of first lieutenant with a minimum of 3 years service credit, but less than 7 years credit.

20.  Army Regulation 135-155, in effect at the time, provided that individuals would receive mandatory promotion consideration prior to their promotion eligibility dates so that, if selected, they could be promoted on their future promotion eligibility dates.  The regulation also specified that promotion to captain required completion of 4 years' time in the lower grade.  Promotion to major and lieutenant colonel required completion of 7 years' time in the lower grade.  This regulation further specified that the Secretary of the Army or his or her designee would establish the zone of consideration for each mandatory promotion board for commissioned officers.

21.  Army Regulation 135-155 further specified that officers in the grade of first lieutenant could be eligible for promotion consideration to captain by a position vacancy board (PVB) upon completion of 2 years' minimum time in grade.  The unit commander would initiate position vacancy promotion procedures and forward a memorandum listing all unit officers eligible for promotion consideration.  The memorandum would include the following information:  rank of position, branch, area of concentration, position title, unit, unit identification code, location of unit, table of organization and equipment/table of distribution and allowances number, paragraph/line number, and date of position vacancy.

DISCUSSION AND CONCLUSIONS:

1.  In view of the facts in this case, the applicant is entitled to correction of his records to show he was awarded an additional 1 year of service credit at the time of his appointment in the USAR on 20 April 1993, for a total award of 4 years of constructive service credit.

2.  Based on the award of an additional 1 year of creditable service credit and guidance for the subtraction of credit over the minimum (3 years) used for the acceptance grade, the applicant is also entitled an adjustment to his initial appointment DOR for first lieutenant to 20 April 1992.  

3.  Based on an adjusted date of rank of 20 April 1992 and completion of the required 4 years time in grade, the applicant was eligible for promotion to captain on 19 April 1996.  The applicant’s promotion to captain was amended from         4 January 1996 to 4 January 1997 for reasons not made clear.  Therefore, as a matter of equity, it would be appropriate to submit the applicant’s records for appropriate SSB consideration under the 1996 criteria for promotion to captain.

4.  Notwithstanding the advisory opinion from the NGB there is no evidence the applicant was entitled to additional service credit for initial appointment in the rank of captain and a date of rank of 23 November 1993.  

5.  The applicant was promoted to major effective 26 September 2003.  Based on his date of rank for major and required completion of 7 years' time in grade, he is eligible for promotion consideration to lieutenant colonel under the 2010-year criteria.  Therefore, the applicant is not entitled to adjustment to his DOR for major and promotion consideration to lieutenant colonel by an SSB under the 2007-year criteria.

6.  However, if the applicant is selected for an earlier promotion to captain as a result of the SSB and based on the completion of 7 years’ time in grade he may also be eligible for promotion reconsideration to major by an SSB.  If so, he may petition the Office of DA Promotions, Human Resources Command, St. Louis, Missouri, for that purpose.  If he is selected for an earlier promotion to major, he may be eligible for earlier consideration for promotion to lieutenant colonel.

7.  Based on the foregoing, it is concluded that the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ___x_____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the individual concerned was appointed in the USAR Chaplain Branch as a first lieutenant effective 20 April 1993 with 4 years of creditable service and an adjusted DOR of 20 April 1992.

2.  That following administrative implementation of the foregoing, his records be submitted to a duly constituted SSB for promotion consideration for captain under the 1996 year criteria.
3.  That if selected, his records be further corrected by showing he was promoted to captain on his date of eligibility, as determined by appropriate Departmental officials using the 1996 year criteria cited, with entitlement to all back pay and allowances, provided he was otherwise qualified and met all other prerequisites for promotion at that time.

4.  That if not selected, the applicant be so notified.

5.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his DORs for captain and major and promotion consideration to lieutenant colonel by an SSB under the 2007-year criteria.



      ___________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)                                         ARMY REGULATION20080016770



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ABCMR Record of Proceedings (cont)                                         AR20080016770



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