IN THE CASE OF:	

		BOARD DATE:	  4 May 2010

		DOCKET NUMBER:  AR20090013538 


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 correction of his appointment grade from first lieutenant (1LT) to captain (CPT).

2.  The applicant states he has 12 years in the ministry as a Roman Catholic priest and he exceeds the minimum 7 years of pastoral ministry requirement.   In addition, he has a Bachelor's Degree, a five-year Theology Degree, and a Master's Degree in Pastoral Ministry.

3.  The applicant provides a Certificate of Ordination to the Priesthood and his college transcripts.

CONSIDERATION OF EVIDENCE:

1.  He completed and authenticated a DA Form 61 (Application for Appointment) on 9 April 2008.  Item 3 (Grade for Which Applying) shows he requested a United States Army Reserve (USAR) appointment in the grade of captain as a chaplain.

2.  On 21 October 2008, the applicant was notified of his appointment as a Reserve Commissioned Officer in the Chaplain Corps.  The applicant was credited with 4 years of service in an active status (known as constructive credit) and appointed in the rank of 1LT, with two years time-in-grade.

3.  The applicant executed his oath of office on 27 October 2008 accepting the appointment to 1LT as a Reserve Commissioned Officer.
4.  He satisfactorily completed the Chaplain Officer Basic Course and was released from active duty training on or about 28 August 2009.

5.  An advisory opinion from the Department of the Army (DA), Office of the Chief of Chaplains, dated 10 December 2009, recommends the applicant be promoted to captain with a date of rank of 27 October 2008.  The advisory opinion states:

	a.  the applicant requested an appointment in the rank of captain when he was accessed into the USAR.

	b.  Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) states an applicant qualified for appointment in the rank of second lieutenant or above may be appointed in a vacancy in which the table(s) of organization and equipment (TOE) or table(s) of distribution and allowances (TDA) authorized up to two grades above the grades of appointment.  All USAR company grade TOE/TDA Chaplain positions are the rank of captain.

	c.  most USAR Chaplains with four years time in service and two years time in grade as a 1LT are promoted to captain.

6.  The advisory opinion was forwarded to the applicant on 11 December 2009 and he acknowledged receipt on 4 January 2010 by email.  In his response the applicant requested that the correction be approved.

7.  Army Regulation 135-100 prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the USAR.  Special requirements and procedures for assessing and appointing qualified members of the clergy for positions within the Chaplain Corps include:

	a.  completion of a baccalaureate degree of not less than 120 semester hours.

	b.  completion of 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).

	c.  endorsement by an ecclesiastical endorsing agency recognized by the Armed Forces Chaplains Board.  Ecclesiastical endorsement certifies that the applicant is a fully qualified member of the clergy of a religious faith group represented by the certifying endorsing agency and is qualified spiritually, morally, intellectually, and emotionally to serve as a chaplain of the Army.
8.  Army Regulation 135-100 states the entry grade and date of rank of commissioned officers in the Chaplain Corps is determined by the entry grade credit awarded on appointment.  This includes the amount of constructive service credit authorized.  Applicants who meet the aforementioned criteria, without prior commissioned service, will be appointed in the rank of first lieutenant and credited with 3 years' in an active status.

9.  Army Regulation 135-100 states the purpose of constructive service credit is to provide grade and date of rank comparability to an officer who begins their commissioned service after obtaining additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field.  Constructive service credit recognizes the advanced degree(s) and professional training in relation to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree.

	a. Constructive service credit is computed and awarded as follows:

	    (1) count a period of constructive service only once.

	    (2) do not count periods of time spent in an active status as a commissioned officer or on active duty.

	    (3) credit qualifying periods of less than 1 full year proportionately.

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

	    (1) three years for entry grade appointment or assignments.

	    (2) one year's credit for seven or more years of practical experience documented by a potential officer's Ecclesiastical Endorsing Agency.

	    (3) one-half year for each year to a maximum of 3 years for situations involving special experience or unique qualifications as determined by the Secretary of the Army or his designee, upon the recommendation of the Chief of Chaplains.
	    
	    (4)  the maximum total entry grade credit will not exceed that of a major/pay grade O4.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his appointment in the USAR should have been in the rank of captain was carefully considered and found to have merit. 

2.  The records show the applicant was awarded 4 years of constructive service credit and he met all other requirements for appointment as a captain.  Therefore, his records should be corrected to show his entry grade as captain. 

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 Department of the Army records of the individual concerned be corrected by: 

	a.  showing his initial appointment was in the rank of captain, and

	b.  having the Defense Finance and Accounting Service audit his pay account and that he be paid all back pay and allowances due as a result of this correction.



      _______ _   __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)                                         AR20090013538



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ABCMR Record of Proceedings (cont)                                         AR20090013538



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