IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090006680 


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 1 year of additional constructive service credit for completion of a master's degree and 1 year for civilian ministry experience, correction of his accession grade to captain (CPT), and all back pay and allowances due as a result.

2.  The applicant states, in effect, that his initial DD Form 2088 (Statement of Ecclesiastical Endorsement) did not credit him with civilian professional experience even though his specialty branch recruiter was well aware of his civilian ministry experience as evidenced by documents submitted with his accession packet.  He claims the recruiter failed to do a thorough job of ensuring he was granted the accession rank he deserved based on his experience.  He also states a poor job was done in reviewing his accession packet because clearly the documents submitted would have supported an entry in the block of the application (experience) that was left blank and someone in the review process should have noticed this inconsistency.  He further claims his initial request for correction of his constructive service credit, which was submitted in September 2007, was lost in official channels and to date the memorandum is still missing.

3.  The applicant provides the following documents in support of his application:  self-authored statement, dated 23 March 2009; Request for Amended Accession, dated 12 September 2007; Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) extract; DD Form 2088; third-party statement; National Guard Bureau (NGB) Form 62-E (Application for Federal Recognition as an Army National Guard Officer or Warrant Officer  and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the Army National Guard of the United States); chaplain appointment application interview, dated 12 January 2006; and Standard Form 86-EG (Questionnaire for National Security Positions).

CONSIDERATION OF EVIDENCE:

1.  On 18 May 2006, the applicant was appointed as a second lieutenant (2LT) in the U.S. Army Reserve (USAR) Chaplain Corps in the rank of 2LT with a date of rank (DOR) of 18 May 2006 and he was granted Federal recognition in that grade in NGB Special Orders Number 178 AR, dated 17 July 2006.

2.  The applicant's record shows his date of rank and appointment grade was corrected to first lieutenant (1LT) with a date of rank of 18 May 2005 and that he was granted Federal recognition in this grade in NGB Special Orders Number 247 AR, dated 16 October 2007.

3.  The applicant's record contains a DA Form 1059 (Service School Academic Evaluation Report) that confirms he successfully completed the chaplain officer basic leadership course (OBLC) on 6 April 2007.

4.  On 27 February 2008, the applicant was promoted to captain (CPT) and he was granted Federal recognition in that grade in NGB Special Orders Number 61 AR, dated 5 March 2008.

5.  During the processing of this case, an advisory opinion was obtained from the NGB Personnel Division Chief.  This opinion indicates the applicant should have been granted 4 years of constructive service credit, 3 years for entry grade and 1 year for experience, when he was appointed in the Chaplain Corps and that this was accomplished with a correction of his record on 16 October 2007 when his appointment grade was changed to 1LT and his date of rank was established as 18 May 2005.  The change would have made him a 1LT with two years time in grade on 18 May 2006.  It further indicates that the applicant completed OBLC on 18 May 2007 and, as a result of meeting the military education requirement, he should have been selected for promotion to captain by the chaplain certification board that convened on 15 June 2007.  As a result, this NGB official recommends partial approval of the applicant's request by correcting his record to show he was promoted to captain effective and with a date of rank of 15 June 2007.

6.  On 18 August 2009, the applicant responded to the NGB advisory opinion.  In his response, he indicated that the NGB acknowledged that he should have been granted 3 years of time-in-grade credit for completion of the master's degree and 1 year of time-in-grade credit for experience, which would total 4 years of constructive service credit.  He claims this would have made him eligible for the rank of captain based on the minimum time in grade requirements of the governing regulations.  He further states that if he were granted the accession grade of captain, it would also satisfy the regulatory guidance for the purpose of constructive service credit.

7.  Army Regulation 135-100 prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard (ARNG) of the United States and the USAR.  Chapter 3, Section III, provides guidance for the appointment of chaplains.  It states, in pertinent part, that 3 years of constructive service credit will be awarded for entry grade to compensate for the additional education required for appointment, and that 1 year of constructive service credit will be granted 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.  Entry-grade constructive service of 3 years supports appointment as a 1LT; additional constructive service granted beyond that required for the entry grade will be credited and support adjustment of the member's date of rank at appointment.

8.  Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers Other than General Officers) prescribes the prescribes policy and procedures used for selecting and promoting commissioned officers (other than commissioned warrant officers) of the ARNG and commissioned and warrant officers of the USAR.  Chapter 2 contains promotion eligibility and qualification requirements and indicates that the minimum time in lower grade requirement for promotion to captain is 2 years and the maximum time in lower grade is 5 years.  Paragraph 2-8 outlines military education requirements and states, in pertinent part, that in order to be promoted from 1LT to CPT, a member must complete a resident OBLC.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to show his accession grade as CPT was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The evidence of record confirms he should have received 4 years of constructive service credit upon his appointment in the Chaplain Corps, which supported an entry grade of 1LT based on the 3 years of entry-grade credit and a 2-year adjustment of his date of rank for the experience constructive service credit.  Award and application of this constructive service credit was accomplished by a correction on 16 October 2007 which changed his appointment grade to 1LT and his date of rank to 18 May 2005 accounting for the 4 years of constructive service credit he was eligible to receive.  It is acknowledged that his date of rank should have been shown as 18 May 2004.  However, this was a harmless error as it would have involved no increase in pay and, as he did not complete OBLC until 6 April 2007, did not have an impact on his promotion eligibility to CPT.

3.  The applicant was not eligible for an additional 4 years of credit for his master’s degree.  That was his basic requirement for appointment as a Chaplain and the reason he, and all Chaplains, are appointed as 1LTs with 3 years constructive service.

4.  Although adjustments to his entry grade and date of rank were accomplished by the 16 October 2007 correction, as indicated in the NGB advisory opinion, given the correction and his completion of OBLC he should have been selected for promotion to CPT by the chaplain certification board that convened on 15 June 2007.  Thus, it would be appropriate to correct his record to show he was promoted to CPT effective and with a date of rank of 15 June 2007 and to provide him any back pay and allowances due as a result.

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 State Army National Guard Records and Department of the Army records of the individual concerned be corrected by showing he was promoted to CPT effective and with a date of rank of 15 June 2007, that he was granted Federal recognition as a CPT this date, and by providing him any back pay and allowances due as a result.

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 correcting his record to show his appointment grade as CPT.



      ___________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)                                         AR20090006680



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006680



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1