BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090014477 


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 his initial appointment as a commissioned officer in the U.S. Army Reserve (USAR) Chaplain Corps to show he entered the USAR in the rank and grade of captain/pay grade O-3.

2.  The applicant states, in effect, USAR recruiting personnel told him he would receive an appointment as a commissioned officer in the rank and grade of captain/O-3 because of his advanced graduate education, training, and over 7 years of pastoral experience.  

3.  The applicant provides a copy of a DD Form 2088 (Statement of Ecclesiastical Endorsement), dated 7 November 2008, endorsed by the Vicar General for the Archdiocese of the Military Services.  This ecclesiastical endorsement shows the applicant had completed 12 years of professional ministry experience as a Roman Catholic priest.  

CONSIDERATION OF EVIDENCE:

1.  The applicant received his undergraduate degrees (Philosophy, 1992 and Theology, 1996) from St. Joseph Major Seminary, Ikot Ekpene, Nigeria.  In 2005, he received his master's degree in Moral Theology from the Institute of Theology located in Catanzaro, Italy.  He currently is serving as an Associate Pastor in the Archdiocese of Indiana.  

2.  He completed and authenticated a DA Form 61 (Application for Appointment) on 3 August 2008.  Item 3 (Grade for Which Applying) shows he requested an appointment in the rank and grade of captain/O-3 in the Chaplain Corp within the USAR component. 

3.  By memorandum, Human Resources Command (HRC) St. Louis, Missouri, notified the applicant of his pending appointment as a commissioned officer in the Chaplain Corps of the Reserve component upon accepting of the Oath of Office.  The applicant received 4 years of "service in an active status," known as constructive service credit, for his education, training, and over 7 years of pastoral experience.  In addition, this memorandum shows his appointment would be in the rank of first lieutenant with 2 years time-in-grade. 

4.  On 6 February 2009, the applicant executed an oath of office accepting an appointment as a Reserve Commissioned Officer in the grade of first lieutenant. 

5.  On 28 August 2009, the applicant satisfactorily completed the Chaplain Basic Officer Leader Course.  

6.  An advisory opinion from the Department of the Army (DA), Office of the Chief of Chaplains recommends approving the applicant's request to correct his record to show he entered the USAR in the rank/pay grade of captain/O-3 with a date of rank of 6 February 2009.  The facts supporting the opinion include the applicant's application for appointment showing he applied for appointment in the rank of captain based on having 4 years of constructive service credit.  Regulatory guidance found in Army Regulation 135-155 states that the minimum requirement for captain is 4 years of commissioned service (constructive service credit).  Additionally, all company grade chaplain positions are in the rank of captain as identified in the various military personnel manning documents and the Tables of Organization and Equipment (TOE) or Tables of Distribution and Allowances (TDA).

7.  The advisory opinion was forwarded to the applicant on 29 December 2009.  However, he did not provide a response. 

8.  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 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.

9.  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' service in an active status. 

10.  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; and 

	    (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; and 
	    
	    (4)  the maximum total entry grade credit will not exceed that of a major/pay grade O4.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant had sufficient constructive service credit to enter the USAR in the rank and grade of captain/O-3.  His constructive service credit totaled 4 years.  He received 3 years credit for his advanced education and training, and an additional year for his 12 years of extensive practical experience as a Roman Catholic priest.  The minimum requirement for captain is 4 years time in grade. 

2.  The advisory opinion from the DA, Office of the Chief of Chaplains supports granting the applicant's request by showing he should have entered the Reserve component in the rank and grade of captain/O-3 on 6 February 2009 based on 4 years of constructive service credit. 

3.  HRC-St. Louis issued the applicant's appointment memorandum showing he entered the Reserve component in the rank of 1LT with 2 years' time in grade and 4 years of constructive service credit.  

4.  With 4 years of creditable constructive service credit, the applicant met the minimum time in grade requirements for captain upon his initial appointment with zero years' time in grade.  

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.  correcting his appointment memorandum, dated 30 December 2008, to show his initial rank upon entry into active service was in the rank and grade of captain with zero years' time in grade;

	b.  correcting his DA Form 71 (Oath of Office-Military Personnel), dated 6 February 2009, to show his appointed grade as a captain; and

	c.  correcting all pay and accounting records to show that he entered the USAR on 6 February 2009 in the rank and grade of captain/O-3 with no time in grade as a captain and then paying him all back pay and allowances owed because of this change in records.



      _______ _   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)                                         AR20090014477





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ABCMR Record of Proceedings (cont)                                         AR20090014477



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