IN THE CASE OF:	  

		BOARD DATE:	  01 July 2009

		DOCKET NUMBER:  AR20090002177 


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 award of 2 years of constructive service credit (CSC) instead of 1 year; the issuance of a new memorandum that corrects the date his appointment was revoked from 21 February 2007 to 30 June 2007; a stop to the recoupment of his pay and reinstatement of back pay and current pay; and promotion to captain (CPT) effective 1 September 2007.

2.  The applicant states that by regulation, he should have received 2 years of CSC instead of 1 year; that due to extenuating circumstances, his appointment was revoked for less than 30 days and that it was incorrectly revoked effective the date of his initial appointment; that due to the incorrect revocation of his appointment his pay was disrupted and is being recouped; and that due to several issues, his promotion to CPT has not occurred.

	a.  He requests correction of his initial appointment date in the District of Columbia Army National Guard (DCARNG), as stated on his Federal recognition orders (enclosure  22), published in October 2008, which will impact the following four areas:

		(1)  correct his credit for time-in-grade from 1 year to 2 years based upon regulations and correction of initial appointment date (enclosure 2);

		(2)  either rescind the revocation of his appointment or change the revocation of his appointment to 30 June 2008.  It is currently revoked effective 21 February 2007;
		(3)  stop the recouping of his pay and then reinstate his back pay and current pay; and

		(4)  once these issues are corrected and his promotion to captain packet is submitted, either correct the date of rank (DOR) to 1 September 2007, or assign time in grade equal to the time he would have if promoted when eligible.

	b.  On 2 February 2001, he enlisted in the Missouri Army National Guard (MOARNG) as a 56M (Chaplain Assistant) with the 129th Field Artillery (FA) Battalion, MOARNG.  He then completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 56M.  In December 2001, he joined the Reserve Officers' Training Corps (ROTC) at Northwest Missouri State University where he was attending school.  He continued with the 129th FA in the Simultaneous Membership Program as a cadet attached to the chaplain.  He continued with ROTC as a company commander until leaving for National Advanced Leadership Camp (NALC).

	c.  In June 2003, he left to attend NALC at Fort Lewis, WA, where he was commissioned at the end of camp as a second lieutenant (2LT).  He received an appointment as an aviation officer and was assigned to the 135th Aviation, MOARNG, at Whiteman Air Force Base as a platoon leader.  He was accepted into the Master of Divinity program at Boston University and requested through his chain of command that he be allowed to transfer to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) to attend seminary at Boston University.  This request was approved in November 2001 and he moved to Boston, MA.

	d.  He completed his Master of Divinity in Pastoral Counseling in May 2005.  He was also working on a Master of Science in Criminal Justice which he completed in January 2007 (the last few classes were completed online).  His family then moved to Alexandria, VA, in September of 2006 to attend Argosy University for his Doctor of Psychology in Clinical Psychology.

	e.  Before transferring out of the USAR IRR, he was seeking an Armed Forces Chaplain’s Board (AFCB) ecclesiastical endorsing agent to approve him to serve as a chaplain.  His home church, Covenant Church, began working on this process in the fall of 2006 while he was working on his packet with Major (MAJ) P____, a recruiter for the DCARNG.  Covenant Church received confirmation via telephone on an unknown date that Covenant Church had been approved by the AFCB as an approved endorsing agency.  His church then provided him with the required DD Form 2088 (Statement of Ecclesiastical Endorsement) which was included in his packet by MAJ P____ and sent forward.

	f.  On 30 November 2006, the National Guard Bureau (NGB) approved the packet and sent it to the AFCB for approval (enclosure 5).  The AFCB approved his packet and sent it to CPT P____ D____, a chaplain recruiter.  The packet was finalized in February 2007 and he was appointed in the DCARNG as a chaplain for the 372nd Military Police (MP) Battalion as a first lieutenant (1LT) (enclosure 11) on 21 February 2007.  He was boarded and received temporary Federal recognition (enclosure 1).

	g.  On 1 July 2007, he was sent by the DCARNG to attend the Chaplain Basic Officer Leadership Course at Fort Jackson, SC, and graduated (enclosure 6).  While attending this course, he was contacted by Master Sergeant (MSG) D____ P____, Noncommissioned Officer in Charge (NCOIC) of Reserve Component Personnel Actions, Chief of Chaplain’s Office, who requested documentation of his church's approval as an endorsing agency.  He explained to him that he was at school and did not have access to his records but would provide him with this information upon return to home station (enclosure 7).  He graduated as a 56A in September 2007 and returned home.

	h.  In August 2007, his first temporary Federal recognition expired and in October 2007 the NGB was attempting to move him from the USAR IRR into the DCARNG.  However, it was discovered that the MOARNG had not published orders to discharge him from MOARNG and transfer him to the USAR IRR.  He contacted the MOARNG, but they had no record of his USAR IRR transfer orders.  The MOARNG was able to publish the orders (enclosure 8).  In October 2007, he was re-boarded (second time) based upon the original packet and AFCB approval (enclosure 9).

	i.  On 14 November 2007, MSG P____ notified him that his church was not listed as an endorsing agency (enclosure 12).  He was given three options at that time, (1) present proof that Covenant Church was in the process of becoming an endorsing agency, (2) present proof that Covenant was under another endorsing agency, or (3) find another agency to endorse him.  His church and he presented proof that it was in the process of becoming an endorsing agency.  This allowed him to continue as a chaplain.  He was also informed that because of problems with his endorsement, his permanent Federal recognition was being held up.  Further, Covenant Church ran into problems becoming an endorsing agency because the church needed to provide documentation that it was a 501(c) organization.  However, in the State of Missouri, a church does not need Federal documentation, so this had not been completed.

	j.  On 4 February 2008, he was notified that Covenant Church was on the agenda for the AFCB (enclosure 13).  Shortly after this, the church was rejected due to the missing 501(c) documentation.  Additionally, he was notified by Covenant Church that they were dissolving and could no longer provide the AFCB with the required documentation.  On 23 February 2008, he notified the AFCB of this and that another of his church organizations, Joint Conference of Restoration Branches (JCRB), was in the process of becoming an endorsing agency and provided them with proof of this (enclosure 14).

	k.  On 19 February 2008, he received electronic mail from Colonel (COL) P____ in the Chief of Chaplain’s office (enclosure 15) which stated that his religious organization had 30 days to provide them with the proper documents in order to move forward with the endorsement process or he would have to stop being a chaplain.  After the 30 days, if the endorsement papers were not in place, COL P____ would notify his command and he would have 90 days to (1) find another endorsing agency, (2) resign his commission, or (3) be re-boarded into another branch.  He notified COL P____ that the JCRB was in the process of getting the documentation it needed.  This allowed him to continue as a chaplain.

	l.  On 3 April 2008, he discovered that JCRB had decided not to become a 501(c) organization and thus would not be able to become an endorsing agency for him.  He notified COL P____ of this and that another of his churches, Independence Branch, had the required documentation and was willing to endorse him (enclosure 16).  He verified with COL P____ that it was in the process of preparing the packet with the required documentation in order to become an endorsing agency.

	m.  In April of 2008, he exchanged electronic mail with COL P____ notifying him of the progress of Independence Branch’s application (enclosure 17).  COL P____ informed him that it can take some time to actually receive the packet due to the screening process at the Pentagon.  He was notified by COL P____ at the beginning of May 2008 that they had received the packet, but there were a couple of typographical errors that needed to be corrected (enclosure 18).  These items were corrected and he was informed that the process could take up to 3 months.

	n.  At the beginning of June 2008, he received electronic mail from Chaplain (COL) F____, AFCB, that everything was in place for the July AFCB to approve the church as an endorsing agency (enclosure 19).  With this electronic mail in hand, he left to attend annual training with his unit.  While at annual training, his command was notified that there was a problem – his second temporary Federal recognition had expired.  A memorandum would be issued revoking his appointment (enclosure 3).

	o.  This means that on 21 February 2007, he was authorized to drill through the effective date of the memorandum, 30 June 2008.  He should receive credit for time in grade and pay for service through these dates.

	p.  On 10 July 2008, he was notified that Independence Branch was on the agenda for the AFCB and, once approved, he would be notified (enclosure 20).  On 18 July 2008, Chaplain F____ with the AFCB notified him that the church had been approved as an endorsing agency (enclosure 21).

	q.  In July 2008, he spoke to Lieutenant Colonel W____ who informed him that he was on the agenda for the 24 July 2008 Federal Recognition Board.  His packet was approved and forwarded to NGB for permanent Federal recognition (enclosure 4) and on 22 October 2008 his permanent Federal recognition was granted (enclosure 22).

	r.  In conclusion, due to his appointment being revoked effective 27 February 2007, his drill pay has been blocked since May 2007; he has lost time in grade and time in service; he has been prevented from being promoted to CPT, which should have occurred in September of 2007; he has been prevented from receiving his chaplain bonus funds ($30,000); he has been prevented from receiving his student loan repayment ($20,000); he has been prevented from receiving Federal Tuition Assistance ($4,500) and State Tuition Assistance ($30,000); and, most importantly, he has been prevented from fully being able to serve his Soldiers.  In summary:

		(1)  his initial appointment gave him credit for only 1 year of time in grade. By regulation, he should have been promoted from 2LT to 1LT while in the USAR IRR (enclosure 2).  Additionally, according to regulations, chaplains are given credit for time in grade for ministerial service (enclosures 2 and 23).  He should have received a total of 2 years of credit for time in grade;

		(2)  he received a memorandum stating that his commission was revoked on 30 June 2008.  However, he was granted temporary Federal recognition in 21 February 2007.  He drilled, went to annual training, and attended the basic leadership course during this time.  He should receive full credit for time in grade and time in service, as well as pay, for this time frame by either rescinding the memorandum or changing the effective date of the revocation;

		(3)  due to the revocation of his commission, this prompted a hold on his pay as his personnel office informed him that the military was in the process of recouping all funds paid to him from February 2007 to date.  He drilled each weekend and was sent to a military school.  There is no reason why these funds should be recouped;
		(4)  he was eligible for promotion to CPT per regulations and time in grade upon completion of the basic course.  Due to the above situations, he has been unable to submit his promotion packet and will need either his promotion back-dated to September of 2007 once this situation is straightened out, or to be given time-in-grade credit equal to the time he would have been a CPT based upon his eligibility; and 

		(5)  he has been vigilant in promptly addressing all situations that have arisen related to his endorsement and Federal recognition.  He has done everything in his power to solve problems when presented to him and to ensure things were in order.  He has followed guidelines given to him by his chain of command and by the Chief of Chaplains.  He has been forthcoming and open with everyone involved regarding problems related to these situations.  He requests that the Board review this information and the supporting documentation and correct these issues.

3.  The applicant provides an undated self-authored letter with 25 enclosures as stated in his letter in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the MOARNG on 2 February 2001.  He was subsequently ordered to active duty for training (ADT) on 14 May 2001, completed basic combat and advanced individual training, and was awarded MOS 71M (Chaplain Assistant) (later redesignated 56M).  He was released from ADT to the control of his ARNG unit on 6 September 2001.

2.  On 22 March 2002, the applicant executed a Senior ROTC Non-Scholarship Cadet Contract and subsequently completed a Bachelor of Science degree at Northwest Missouri State University on or about 7 May 2003.

3.  The applicant's records also show that he was honorably discharged from the MOARNG and as a Reserve of the Army on 8 July 2003 for the purpose of accepting an appointment as a commissioned officer.

4.  The applicant's records further show he was appointed as a 2LT in the USAR and executed an oath of office on 9 July 2003.

5.  On 10 August 2003, the applicant was appointed as an aviation 2LT in the MOARNG and executed an oath of office on the same date.  He was assigned to Company B, 1st Battalion, 135th Aviation, Whiteman Air Force Base, MO.  He was to have been honorably separated from the ARNG and transferred to the USAR IRR on 31 October 2003.  However, the MOARNG did not publish orders directing his separation from the MOARNG and transfer to the USAR IRR until June 2008.  However, an NGB Form 22 has still not been issued by the MOARNG.

6.  The applicant's records show that between the spring of 2004 and summer of 2006, he was enrolled at Boston University, Boston, MA, and was awarded a Master of Divinity in Theological Studies degree on 14 May 2006.

7.  On 21 August 2006, the applicant sought an AFCB approval of his ecclesiastical endorsing agent to approve him to serve as a chaplain in the ARNG.  However, it appears that at the time, his endorsing agent was not listed as a Department of Defense (DOD) recognized endorsing agency.

8.  On 28 November 2006, the applicant was found qualified for Federal recognition by the Chaplains Accession Board.

9.  On 5 December 2006, by memorandum to The Adjutant General, DCARNG, the Chief, NGB Chaplain Service, stated that the applicant was professionally qualified for appointment as a chaplain, 1LT, in MOS 56A.  He also added that the applicant should be credited with 1 year of time in grade and that he should be examined by a Federal recognition board.

10.  On 26 January 2007, the applicant submitted an application for Federal recognition as an ARNG officer.

11.  On 16 February 2007, the DCARNG published Orders 047-064 appointing the applicant as a 1LT chaplain in the DCARNG effective 21 February 2007.

12.  On 21 February 2007, a Federal recognition examining board was held by the DCARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

13.  On 21 February 2007, the applicant executed an oath of office in the DCARNG.  He was assigned to the 372nd MP Battalion, Washington, DC, as a chaplain.

14.  On 23 February 2007, by memorandum to the NBG, the DCARNG J1 requested the applicant be extended Federal recognition in the rank of 1LT for initial appointment.

15.  There is no indication that the applicant received permanent Federal recognition as a 1LT from the NGB within the 6-month period required by National Guard/Army Regulations.  As a result, his temporary Federal recognition expired.

16.  On 31 August 2007, the applicant completed the Chaplain Basic Officer Leadership Course.

17.  On 24 January 2008, the MOARNG published Orders 024-225 honorably releasing the applicant from the ARNG and transferring him to the USAR IRR effective 31 October 2003.

18.  On 30 June 2008, by memorandum, the DCARNG J1 notified the applicant that his appointment as a Reserve officer of the Army had been revoked because he was ineligible for appointment.  He also notified him that he would not incur any debt as a result of this revocation.

19.  On 22 July 2008, the DCARNG published Orders 204-031 again appointing the applicant as a 1LT chaplain in the DCARNG effective 24 July 2008.

20.  On 24 July 2008, a second Federal recognition examining board was held by the DCARNG to determine if the applicant was qualified to be awarded Federal recognition.  The proceedings indicated that the applicant was satisfactory in his physical qualifications, moral character, and general qualifications.

21.  On 24 July 2008, he executed a second oath of office as a 1LT in the DCARNG.

22.  On 22 October 2008, the NGB published Special Orders Number 270 AR extending the applicant Federal recognition in the grade of 1LT for initial appointment in the DCARNG effective 24 July 2009.

23.  An advisory opinion was obtained on 12 February 2009.  The Chief, NGB Personnel Policy, recommended approval of the applicant’s transfer from the USAR IRR effective 21 February 2007; appointment as a 1LT/chaplain effective 22 July 2007 with a DOR of 22 February 2005; reimbursement of any recouped monies during the period from 30 June 2008 to 24 July 2008; promotion to CPT effective 1 September 2007; and restoration of back pay and allowances as a result of his promotion to CPT.  The Chief also stated that the recommendation is based on the fact that the applicant was initially appointed as a 2LT in the Aviation Branch on 13 July 2003 and was transferred to the USAR IRR on 31 October 2003.  He should have been transferred from the USAR IRR to the DCARNG on 21 February 2007 and branch-transferred to chaplain on 22 July 2007.  

24.  The applicant was provided with a copy of the advisory opinion on 14 May 2009.  He subsequently concurred with the advisory opinion on 18 May 2009, and requested the advisory opinion specifically address the disbursement of monetary compensation in the form of a $30,000.00 retention bonus, $4,500.00 Federal Tuition Assistance, $20,000.00 Student Loan Repayment; and an unspecified amount of State Tuition Assistance.  He added that he was prevented from receiving these funds due to problems associated with his accession.  In conjunction with his response to the advisory opinion, the applicant provided a statement from the DCARNG J1.

	a.  He verified the applicant’s eligibility to receive $4,500.00 Federal Tuition Assistance for the period 1 October 2007 to 30 September 2008, State Tuition Assistance from 1 October 2007 to 30 September 2008, a $30,000.00 Critical Retention Bonus effective 1 September 2007, and $20,000.00 of Chaplain Student Loan repayment.

	b.  The applicant was enrolled as a full-time student from 1 October 2007 to 30 September 2008 and was eligible for $4,500.00 of Federal Tuition Assistance as well as State Tuition Assistance during this time.  However, due to the erroneous revocation of his commission, the system prevented disbursement of these funds.

	c.  The applicant was eligible for and should have received a Critical Skills Retention Bonus of $30,000.00 on 1 September 2007 and that the bonus was not received due to problems related with his Federal recognition promotion to CPT.

	d.  The applicant was eligible to receive $20,000.00 in Chaplain Student Loan Repayment for loans he received during seminary and that the DCARNG was unable to begin this process due to the stated problems.

25.  National Guard Regulation 600-100 (Commissioned Officer-Federal Recognition and Related Personnel Actions) provides procedures for processing all applications for Federal recognition.  Paragraph 2-1 states that commissioned officers of the ARNG are appointed by the several States under Article 1, section 8, of the U.S. Constitution.  These appointments may be federally recognized by the Chief, NGB, under such regulations as the Secretary of the Army may prescribe and under the provisions of this regulation.  Officers who are federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment.

26.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) establishes responsibility and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army.  Paragraph 3-7 (Appointment grade and DOR) of this Army regulation provides that the purpose of CSC is to provide grade and DOR 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 paragraph also provides, in pertinent part, that the 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 amount of CSC allowed and prior commissioned service allowed.  An applicant when appointed as a 1LT will be credited with the actual service and CSC allowed; however, the number of years creditable as CSC may not exceed 1 year.  Table 3-1 (Creditable Service Credit) of Army Regulation 135-100 provides, in pertinent part, that 7 or more years of extensive practical experience in a ministry as documented on DD Form 2088 (Certificate of Ecclesiastical Endorsement) submitted by the individual's ecclesiastical endorsing agency is authorized 1 year of CSC.

27.  The Department of the Army, Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs, memorandum, dated 4 April 2006, eliminated the mandatory CPT promotion selection board for Reserve of the Army Chaplain Corps officers in the Army Reserve, the Active Guard Reserve, and ARNG competitive categories.  The Office of the Chief of Chaplains will begin reviewing Reserve Component Chaplain Corps officers for promotion to CPT up to three times a year.  The approval authority for promotion to CPT remains the Secretary of Defense.

28.  National Guard Regulation 600-100, paragraph 2-2, states that the effective date of Federal recognition for original appointment is that date on which the commissioned officer executes the oath of office in the State.  Paragraph 2-3a states that temporary Federal recognition upon initial appointment establishes the authorized grade to be used by all officers in their Federally recognized status.

29.  National Guard Regulation 600-100, paragraph 2-13, states that temporary Federal recognition may be extended to an officer who has been appointed in the ARNG of a State and found to be qualified by a Federal recognition board pending final determination of eligibility and appointment as a Reserve commissioned officer of the Army.  If not sooner withdrawn or replaced by the granting of permanent Federal recognition, temporary Federal recognition will automatically terminate 6 months after the effective date of State appointment.  However, should the initial period of temporary Federal recognition expire due to administrative processing delays, through no fault of the member, a subsequent Federal recognition board should be convened to consider the request again and grant another new period of temporary Federal recognition if warranted.

30.  National Guard Regulation 600-100, paragraph 10-15b states that temporary Federal recognition may be granted by a Federal recognition board to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed to the oath of office, and has been appointed by a State order for assignment to a position vacancy in a Federally recognized unit of the ARNG.  The Federal recognition board will forward the NGB Form 89 and allied documents to The Adjutant General.  When the member is favorably recommended, The Adjutant General will endorse the packet to the NGB.  If the member meets the qualifications and requirements for Federal Recognition, the Chief, NGB, extends permanent Federal recognition to the member in the grade and branch in which the member is qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded 2 years of CSC, should be issued a memorandum that corrects the revocation of his appointment to 30 June 2007 instead of 21 February 2007, the recoupment of his pay should be stopped and back pay and current pay should be reinstated, and he should be promoted to CPT effective 1 September 2007.

2.  In November 2006, the applicant was found to be qualified for Federal recognition by the Chief of the Chaplain's Accession Board.  He subsequently submitted an application for Federal recognition as an ARNG chaplain in January 2007.  The following month, a Federal recognition board was held by the DCARNG that indicated he was fully qualified.  Accordingly, the DCARNG published orders appointing him as a 1LT in the Chaplain Corps effective 21 February 2007.  He executed an oath of office on the same date.

3.  By September 2007, he had not received permanent Federal recognition and his temporary Federal recognition had expired.  Meanwhile, the applicant's ecclesiastic endorsement was in question/invalid and his appointment as a Reserve officer of the Army was also revoked in June 2008 as shown on the memorandum issued by the DCARNG Deputy G-1.  However, the DCARNG  had no authority to revoke the applicant's appointment, and the memorandum probably was meant to only revoke his appointment as a chaplain in the DCARNG.  This action, in effect, placed him back in the USAR IRR as if he was never in the DCARNG.  Once the endorsement was approved in July 2008, he was considered by a second Federal recognition board and was ultimately extended permanent Federal recognition effective 24 July 2008.

4.  There were multiple administrative and procedural errors in the applicant's accession, appointment, and/or discharge, caused primarily by the applicant's accreditation but not necessarily due to his own fault.  The applicant had a responsibility to be endorsed by an accredited, sanctioned, and approved endorsing agency.  This was not done until July 2008.  The MOARNG should have discharged him properly, the Chief of the Chaplain's Accession Board should have verified his sponsoring agent, and the DCARNG should have ensured he was recruited properly.  He should not be penalized for administrative errors beyond his control and should be granted full relief.

5.  The MOARNG published orders in January 2008 transferring the applicant to the USAR IRR retroactive to October 2003; however, he was not issued an NGB Form 22 to capture his period of service in the MOARNG.  Therefore, it is recommended that the State Adjutant General, MOARNG, issue the applicant an NGB Form 22 for the period from 10 August 2003 to 31 October 2003.

6.  The DCARNG accepted the applicant and appointed him as a 1LT in the DCARNG while he was still in the USAR IRR.  He was not transferred from the USAR IRR to the ARNG.  Therefore, the applicant should be issued an order transferring him from the USAR IRR to the ARNG effective 20 February 2007, 1 day prior to his appointment in the DCARNG.

6.  At the time of his appointment in the DCARNG, his complete Federal recognition packet and allied documents should have been forwarded to The Adjutant General of the District of Columbia for endorsement to the NGB for extension of permanent Federal recognition.  Through no fault of the applicant, this action was not taken.  Meanwhile, he was experiencing problems with his endorsement which led to the issuance of a memorandum revoking his Reserve commission.  This memorandum should be rescinded and/or revoked by the DCARNG.  The Deputy J1 of the DCARNG had authority to revoke State appointment orders, but did not have the authority to revoke an officer's Reserve commission.

7.  The applicant's Federal recognition packet was considered by another DCARNG Federal recognition board on 24 July 2008.  Based on the recommendations of the second board, the NGB issued orders awarding him permanent Federal recognition effective 24 July 2008.  Based on applicable law and regulation, he is entitled to have his Federal recognition orders for initial appointment amended to show the effective date of permanent Federal recognition in the rank of 1LT adjusted from 24 July 2008 to 21 February 2007.
8.  The applicant had prior service in the MOARNG and the USAR (IRR).  As a former commissioned officer, he was eligible to be appointed in the highest grade for which he qualified, a 1LT, and he was appointed accordingly.  By regulation, chaplains are given three years of CSC for their advanced degree work upon accession.  Two years are given towards the time as a 2LT and one year TIG as a 1LT. Furthermore, ministry experience noted on the DA Form 2088 which meets or exceeds seven years also received an extra year time in grade.  The applicant was eligible for appointment as a 1LT with one year time in grade.  However, since his DA Form 2088 shows he exceeded the seven-year ministry experience mark, he is also entitled to an additional year of time in grade.  Based on 2 years of CSC, he is entitled to correction of his DOR as a 1LT to 21 February 2005.

9.  Furthermore, the applicant completed the Chaplain Basic Officer Leadership Course on 31 August 2007.  Had his Federal recognition effective date and DOR been correct, he would have been promoted to CPT effective 1 September 2007. 
Therefore, the applicant is entitled to have an order issued extending him Federal recognition for promotion to CPT effective 1 September 2007.

10.  With respect to the applicant's monetary issues, it is not a practice of this Board to direct the Defense Finance and Accounting Service (DFAS) to pay a specific amount to an applicant.  However, the Board may request DFAS audit an applicant's record after a correction is made and make a determination if payment should be made.

BOARD VOTE:

___X____  ___X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  recommending the MOARNG issue the applicant an NGB Form 22 for the period from 10 August 2003 to 31 October 2003 to capture his service in the MOARNG ;

	b.  the USAR issuing the applicant an order transferring him from the USAR IRR to the ARNG effective 20 July 2007;

	c.  recommending the NGB amend NGB Special Orders Number 270 AR to show the effective date for initial appointment as a 1LT, chaplain, as 21 February 2007;

	d.  recommending the NGB correct the applicant's records to show his DOR as a 1LT as 21 February 2005;

	e.  recommending the NGB issue the applicant a special order extending him Federal recognition for promotion to CPT with an effective date and DOR of 1 September 2007;

	f.  recommending the DCARNG issue a memorandum for record indicating that the memorandum, dated 30 June 2008, that revoked his appointment is invalid; and

	g.  recommending DFAS audit the applicant's pay account based on the above corrections and, if otherwise eligible, restore pay and allowances and bonuses.



      ____________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)                                         AR20090002177



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ABCMR Record of Proceedings (cont)                                         AR20090002177



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