IN THE CASE OF:	

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20080018380 


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, reconsideration of his request for correction of his records to show he had sufficient constructive credit to have been commissioned as a major (MAJ) at the time of his appointment to the Chaplain Corps; or at least a captain (CPT) with 1 year time in grade (TIG).

2.  The applicant states the National Guard Bureau (NGB) and this Board did not properly calculate his constructive credit based on his date of appointment in the Chaplain Corps.  The applicant contends that, at the time of his commissioning as a chaplain, he should have been afforded a minimum of 3 years constructive credit for his degree and training as a chaplain plus 1 year credit for his precommissioning practical ministry of 13 years and 1 year for his prior service.  He contends all calculations for his correct rank were based on his initial appointment in the Staff Specialist Corps.

3.  The applicant only provides his additional arguments in support of this application.

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 (ABCMR) in Docket Number AR20080002830, on 13 August 2008.


2.  The applicant's new arguments warrant consideration by this Board. 

3.  On 6 March 2004, the applicant was appointed and granted Federal recognition as a second lieutenant (2LT) in the ARNG in the Staff Specialist branch as a chaplain candidate.  He served on active duty under Title 32, State control, from 1 May 2005 through 4 October 2005.  He was mobilized for active Federal service on 5 October 2005 and has remained on active duty since that date.

4.  Departments of the Army and Air Force, NGB, Special Orders Number 208 AR, dated 13 July 2005, extended the applicant Federal recognition for the purpose of initial appointment as a first lieutenant (1LT) in the Chaplain Corps with an effective date of 27 April 2005.

5.  Departments of the Army and Air Force, NGB, Special Orders Number 19 AR, dated 24 January 2007, extended the applicant Federal recognition for the purpose of promotion to the rank of CPT in the Chaplain Corps with an effective date of 23 January 2007.

6.  On 13 August 2008, the ABCMR recommended that the applicant's records be corrected to show he was initially appointed and granted Federal recognition in the grade of 1LT on 6 March 2004.  It also recommended that his record be corrected to show he was promoted to CPT, effective and with a date of rank of 6 March 2006, and to provide him all back pay and allowances due.

7.  The applicant's interactive Personnel Electronic Records Management System (iPERMS) file does not contain any copies of the applicant's constructive credit calculations.  The iPERMS file does not contain a copy of a DD Form 2088 (Statement of Ecclesiastical Endorsement). 

8.  In the development of this case advisory opinions were obtained from the NGB Personnel Chaplain and the Chief, Personnel Division.  Both advisory officials recommended that the applicant's records be corrected to show the applicant was appointed as a captain in the Chaplain Corps, effective 27 April 2005, and that he be afforded all back pay and allowances due.  The advisory opinion from the NGB Personnel Chaplain notes the error in the calculation of the applicant's constructive credit came from the omission or incorrect entry of the 
correct number of years of professional ministry experience credited.  Both advisory officials recommend denial of the applicant's request for additional constructive credit or appointment as a MAJ.

9.  A copy of the advisory opinion was forwarded to the applicant and he concurred with the recommendation.
10.  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 ARNG of the United States (ARNGUS) and the United States Army Reserve (USAR).  In pertinent part:

	a.  paragraph 1-9 (Grade on appointment) states officers and former officers will be appointed in the highest grade to which entitled under Title 10, U.S. Code, section 3359;

	b.  Table 1-2 (Grade on appointment) states that an officer with 3 years or more, but less than 7 years of commissioned service credit will be appointed a 1LT; an officer with 7 years or more, but less than 14 years of commissioned service credit will be appointed a CPT; and an officer with 14 years or more, but less than 21 years of commissioned service credit will be appointed a MAJ; 

	c.  chapter 3, section III, prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplains.  Members may be appointed as a 2LT with assignment to the Staff Specialist Branch until they become eligible for appointment as a 1LT;

	d.  paragraph 3-7 (Appointment grade and date of rank) states 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.  Former commissioned officers (other than commissioned warrant officers) will be appointed in the highest grade for which they qualify;

	e.  paragraph 3-7a(3) (Constructive service credit) states that 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;

	f.  Constructive service credit is to be counted only once; do not count periods of time spent in an active status as a commissioned officer or on active duty; and credit qualifying periods of less than 1 full year proportionately;

	g.  the number of years creditable as constructive service credit may not exceed the following:

		(1)  entry grade for appointment or assignment, a credit of 3 years; and 
		(2)  with 7 or more years, but less than 14 of extensive practical experience in a ministry (as documented on DD Form 2088) submitted by the individual's Ecclesiastical Endorsing Agency, 1 additional year of credit; 

	h.  prior active commissioned service credit (emphasis added) commissioned service in an active status, but not on active duty, for persons appointed as a Reserve commissioned officer is one year credit for each year served; and the total entry grade credit granted will not exceed that which the person needs to receive an entry grade of MAJ; 

	i.  the date of rank of an officer commissioned in the Reserve of the Army and appointed to the Chaplain Corps will be determined by the entry grade credit awarded on appointment; and

	j.  personnel who are appointed to the Chaplain Corps, have finished the Chaplain Basic Officer Course, and have two years time in grade as a 1LT or have two years of constructive credit will be appointed as a CPT with no extra time in grade (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the NGB and this Board did not properly calculate his constructive credit based on his date of appointment in the Chaplain Corps, prior active duty, and professional experience.  

2.  In accordance with the particular considerations and regulations for appointment in the Chaplain Corps, the applicant's practical experience was not properly recorded and based on this, his constructive credit for appointment in the Chaplain Corps was not properly calculated.  Based on his combination of constructive credit, prior commissioned service, and work experience the applicant met the criteria for initial appointment as a CPT in the Chaplain Corps.

3.  Therefore, it is appropriate to amend the Departments of the Army and Air Force, NGB, Special Orders Number 208 AR, dated 13 July 2005, to show the applicant was extended Federal recognition for the purpose of initial appointment as a CPT in the Chaplain Corps with an effective date of 27 April 2005.

4.  This amendment would entitle the applicant to any retroactive pay and allowances due in the grade of CPT effective 27 April 2005.

5.  The record does not support a granting of additional constructive credit beyond the requirements for his entry in the Chaplain Corps as a CPT.

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 partial amendment of the ABCMR’s decision in Docket Number AR20080002830, on 13 August 2008.  As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

   a.   amending the applicant's Federal recognition and appointment orders to show he was initially appointed to the Chaplain Corps in the rank of CPT, effective and with a date of rank of 27 April 2005; and
   
b.  providing the applicant any retroactive pay and allowances due as a result 
of this correction.

2.  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 granting of an initial 
appointment in the rank of MAJ or granting additional constructive credit.



      ____________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)                                         AR20080018380



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ABCMR Record of Proceedings (cont)                                         AR20080018380



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