IN THE CASE OF:	  

		BOARD DATE:	  5 November 2009

		DOCKET NUMBER:  AR20090011366 


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, correction of her records to show she was granted 3 years of constructive service credit upon appointment as a commissioned officer and adjustment of her dates of rank (DOR) for first lieutenant (1LT)/pay grade O-2 and captain (CPT)/O-3.

2.  The applicant states she was appointed on 23 September 2003 as a direct- commissioned Army National Guard (ARNG) chaplain in the grade of 1LT/O-2 with no time in grade (TIG).

	a.  She states that according to the governing Army regulation she should have been granted 3 years of constructive service credit for her education and given a DOR of 23 September 2002.

	b.  She states that as a result of not being given the constructive service credit and an adjusted DOR, her promotion to CPT/O-3 was, in essence, delayed 1 year because she should have been considered for promotion after 1 year of TIG as a 1LT/O-2.

	c.  She states that she had completed all requirements for promotion to CPT, including the Chaplain Officer Basic Course and Army Physical Fitness Test, and also had a valid ecclesiastical endorsement.

	d.  She adds that this error continues to adversely affect her military career and is now impacting her eligibility to compete for promotion to major (MAJ)/O-4.

	e.  The applicant adds that at the time of her appointment she was not aware of her eligibility for constructive service credit.  She concludes by stating she has served dutifully with dedication and has provided religious care and support to Soldiers.

3.  The applicant provides copies of her application for Federal recognition in the ARNG, appointment and promotion orders, two officer evaluation reports, and an ARNG Retirement Points History Statement in support of her application.

CONSIDERATION OF EVIDENCE:

1.  A National Guard Bureau (NGB) Form 62-E (Application for Federal Recognition as an ARNG or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), dated 7 August 2003, shows the applicant entered in item 2 (In connection with this application, I submit the following information, which I certify to be correct to the best of my knowledge), section S (Schools), that she attended Macalester College (St. Paul, MN) and graduated with a 4-year Bachelor of Arts Degree in Religious Studies, and also attended Union Theological Seminary (New York, NY) and graduated with a 3-year Master of Divinity Degree.

2.  Headquarters, Florida National Guard, Office of the Adjutant General, St. Augustine, FL, Orders P275-015, dated 2 October 2003, as amended by Orders P293-009, dated 20 October 2003, show the applicant was appointed in the ARNG as a 1LT in the Chaplain Corps effective 23 September 2003.

3.  Headquarters, NGB, Arlington, VA, Special Orders Number 272 AR, dated 24 October 2003, announced the extension of Federal recognition of the applicant's initial appointment as a 1LT (Chaplain) in the ARNG effective and with a DOR of 23 September 2003.

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant successfully completed the Chaplain Officer Basic Course at the U.S. Army Chaplain Center and School on 9 April 2004.

5.  Headquarters, Florida National Guard, Office of the Adjutant General, St. Augustine, FL, Orders P346-021, dated 12 December 2005, show the applicant was promoted to CPT effective 9 December 2005.  The additional instructions in these orders, in pertinent part, show:  "[i]ndividual will not be paid at the higher grade nor wear the rank insignia of the higher grade until Federal recognition is confirmed" and "[t]he effective date of promotion cited on this order will be adjusted to be concurrent with the effective date of Federal recognition in the ARNGUS when granted by Chief, NGB."  These orders also show that the effective date (9 December 2005) is lined-through and a date-stamp showing 22 February 2006 was placed on the order.

6.  Headquarters, NGB, Arlington, VA, Special Orders Number 54 AR, dated 22 February 2006, as amended by Special Orders Number 169 AR, dated 18 July 2007, announced the extension of Federal recognition of the applicant's promotion to CPT (Chaplain) in the ARNG effective 22 February 2006.

7.  In support of her application, the applicant provides documents pertaining to her initial appointment as 1LT in the ARNG and her promotion to CPT.  She also provides copies of two DA Forms 67-9 (Officer Evaluation Reports) covering the periods 1 February 2006 through 31 January 2007 and 1 June 2007 through 31 May 2008, which offer evidence of the applicant's qualifications while serving in the rank of CPT as an assistant chaplain and battalion chaplain.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, NGB, Arlington, VA.  The Personnel Division Chief, in consultation with the NGB Office of the Chaplains, recommends approval of the applicant's request for correction of her DOR for initial appointment as a 1LT to 23 September 2002 and that the effective date and DOR for her promotion to CPT be adjusted to 23 September 2004.

	a.  The advisory official states that the applicant's constructive service credit was incorrectly calculated and this affected her promotion to CPT.  The correct constructive service credit should have been 3 years for her entry grade, thereby making her a 1LT with 1 additional year of TIG.

	b.  The advisory official notes that the applicant completed the Chaplain Officer Basic Course on 9 April 2004, at which time she then met the military education requirement for promotion to CPT.  He adds that the applicant met the minimum TIG and military education requirement and there is no evidence that she was ineligible for promotion on 22 September 2004.  Therefore, she should have been selected for promotion by the Chaplain Certification Review Board.

9.  On 17 September 2009, the applicant was provided a copy of the advisory opinion in order to have the opportunity to respond to its contents; however, as of this writing the applicant has failed to provide any response.

10.  Army Regulation 135-100 (Army National Guard and Army Reserve Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army.

	a.  Chapter 3 (Appointments), section III (Appointment of Chaplains), paragraph 3-6 (Special requirements), provides, in pertinent part, that 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 from a college that is listed in the Education Directory, Colleges and Universities, or from a school whose credits are accepted by a college listed therein.  They must also have completed 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.

	b.  Paragraph 3-7 (Appointment grade and date of rank), subparagraph a, provides that 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.  Applicants without prior commissioned service will be credited with 3 years' service in an active status.  They will be appointed in the rank of 1LT.

   c.  Paragraph 3-7b (Date of rank) provides 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.  The DOR of a chaplain in the Reserve of the Army, ordered to active duty and placed on the Active Duty List, may be adjusted.

11.  National Guard Regulation 600-100 (Commissioned Officers - Federal Recognition and Related Personnel Actions), chapter 8 (Promotion for Other Than General Officers), paragraph 8-9 (Military education requirements), states that the minimum military education requirement for promotion to CPT (Chaplain) is completion of the resident officer basic course for special branch officers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her records should be corrected to show she was granted 3 years' constructive service credit upon appointment as a 1LT (Chaplain) in the ARNG, adjustment of her DOR for 1LT to 23 September 2002, and that she was promoted to CPT effective and with a DOR of 23 September 2004.

2.  Records show the applicant possessed the requisite education requirements (i.e., baccalaureate degree and Master of Divinity degree) for appointment as a chaplain.  Records also show that applicants without prior commissioned service will be credited with 3 years' service in an active status and they will be appointed in the rank of 1LT.  Thus, the applicant's appointment in the rank of 1LT effective 23 September 2003 was proper.  However, the applicant was also entitled to credit for 1 year of TIG upon her initial appointment in the ARNG.  Therefore, it would be appropriate to correct the applicant's records to show she was appointed as a 1LT (Chaplain) in the ARNG with a DOR of 23 September 2002.

3.  Records also show the applicant met the military education requirement for promotion to CPT on 9 April 2004.  Thus, based on the applicant's adjusted 1LT DOR (as outlined in paragraph 2, above), the applicant fulfilled the minimum TIG requirement on 22 September 2004.  There is no evidence that the applicant was ineligible for promotion on 22 September 2004.  Therefore, as a matter of justice, it would be appropriate to correction the applicant's records to show she was promoted to CPT effective and with a DOR of 23 September 2004.

BOARD VOTE:

___X____  ___X___  ___X___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing she was appointed in the rank of 1LT/O-2, effective 23 September 2003 with a DOR of 23 September 2002;

	b.  granting Federal recognition of her initial appointment in the rank of 
1LT/O-2 effective and with a DOR of 23 September 2002;

	c.  showing she was promoted to the rank of CPT/O-3 effective and with a DOR of 23 September 2004;

	d.  granting Federal recognition of her promotion to the rank of CPT/O-3 effective and with a DOR of 23 September 2004; and
	e.  providing her records to a special selection board for promotion consideration to major, if appropriate after the above corrections are made.

2.  As a result of the above corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of all back pay (i.e., pay and allowances, less any withholdings and/or deductions) that may be due as a result of the corrections.




      ___________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)                                         AR20090011366



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ABCMR Record of Proceedings (cont)                                         AR20090011366



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