BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090020317 


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 adjustment of his date of rank (DOR) to captain (CPT).

2.  The applicant states the Kansas Army National Guard (KSARNG) published his original orders to CPT in 1997.  As a chaplain candidate awaiting ordination by the United Methodist Church, he was fully qualified educationally to be ordained with a Master of Divinity degree and one Clinical Pastoral Education unit.  He was released from the candidate program without resigning his commission and he enlisted in the KSARNG in 1997.  He was then accessioned as a chaplain with a DOR of 17 November 1999.  However, his previous 25 August 1994 DOR as a first lieutenant (1LT) was not considered in determining his DOR as a chaplain upon appointment.  He was appointed as a 1LT with a DOR of 17 November 1999 instead of 25 August 1994 as a 1LT or April 1997 as a CPT.

3.  The applicant provides in support of his application a copy of his National Guard Bureau (NGB) Special Orders Number 242 AR, dated 22 December 1999, NGB Special Orders Number 61 AR, dated 5 August 1994, and Special Orders Number 35 AR, dated 10 February 2003; copies of his DA Forms 1059 (Service School Academic Evaluation Report), dated 30 August 1996, 29 August 1995, 15 May 1995, 28 August 1993, 28 August 1992, 10 July 1992, and 1 September 1992; an extract of Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), a copy of a self-authored letter, dated 30 September 2009, to the U.S. Army Human Resources Command (USAHRC), St. Louis; a copy of his resume, dated 15 September 2009; copies of Orders   201-015 and 076-008, issued by the KSARNG on 19 November 1999 and 29 April 1997; copies of promotion memoranda, issued by the U.S. Total Army Personnel Command (now known as USAHRC), dated 6 September 1995 and 9 December 2001; a copy of Orders B-06-904173, issued by USAHRC-St. Louis, dated 18 June 2009; a copy of his DA Form 2088 (Statement of Ecclesiastical Endorsement), dated 13 February 2009; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 17 October 2008.

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the U.S. Air Force and the KSARNG, the applicant's records show he was appointed as a chaplain candidate in the rank of second lieutenant in the KSARNG and executed the oaths of office on 26 August 1991.  He was promoted to 1LT and was extended Federal Recognition for this promotion on 25 August 1994.

2.  His records also show he completed a chaplain internship from 26 August 1991 to 4 June 1992 and the chaplain candidate course (officer basic course) from 5 June 1992 to 10 July 1992.  He also earned a Master of Divinity in Theological Studies degree on 21 May 1993.

3.  His records further show he completed additional chaplain internships from 26 August 1992 to 25 August 1993, 25 August 1994 to 28 April 1995, 28 April 1995 to 13 May 1995, 13 May 1995 to 25 August 1995, and 25 August 1995 to 26 August 1996.

4.  On 29 April 1997, the KSARNG published Orders 076-008 announcing the applicant's promotion to CPT effective 22 April 1997.  However, there is no record that he was extended Federal recognition for this promotion.

5.  On 25 June 1999, he was endorsed by the United Methodist Church for approval of his ecclesiastical qualifications of Religious Ministry Professionals for initial appointment or change of career status appointment as a chaplain in the Army.

6.  On 19 November 1999, he was honorably appointed as a 1LT in the Chaplain Corps of the ARNG.  He executed the oaths of office on the same date and he was assigned to the 1st Battalion, 635th Armor, Manhattan, KS.

7.  On 22 December 1999, the NGB published Special Orders Number 242 AR extending him Federal recognition for initial appointment in the rank of 1LT with an effective date and a DOR of 17 November 1999.

8.  On 9 December 2001, USAHRC-St. Louis notified him by letter that he was promoted to CPT in the U.S. Army Reserve effective 9 December 2001.

9.  On 28 January 2003, he was honorably discharged from the ARNG in the rank of 1LT and he was transferred to the USAR Control Group (Reinforcement).

10.  On 26 April 2004, he was assigned to a troop program unit, the 648th Area Support Group, St. Louis, MO.

11.  On 17 May 2004, he was ordered to active duty in support of Operation Enduring Freedom.

12.  On 10 June 2005, USAHRC-St. Louis published orders announcing his promotion to CPT with an effective date and a DOR of 9 December 2001.

13.  On 17 October 2008, he was honorably released from active duty to the control of his USAR unit.

14.  On 18 June 2009, USAHRC-St. Louis published orders announcing his promotion to major (MAJ) with an effective date and DOR as 2 June 2009.

15.  An advisory opinion obtained on 4 January 2010 from NGB recommended approval of his request to correct his DOR of CPT to reflect his earliest eligibility, 17 November 1999, and retroactive pay and allowances as a result of this correction.

16.  He was provided with a copy of the advisory opinion on 11 January 2010, but he did not respond.

17.  Army Regulation 165-1 (Army Chaplain Corps Activities) prescribes policies on Army religious support activities, religious ministers, chaplains and chaplain assistant program, and chaplain recruitment.  Paragraph 7-5a states all USAR chaplain candidates are in an educational delay status while meeting the distinctive faith group requirements for recognition as a religious professional and endorsement by their particular religious organization or group.  The ARNG recognizes chaplain candidates as students or awaiting ecclesiastical endorsement, but administratively processes them as it does any regular branch officer.

18.  Army Regulation 135-155 (ARNG and USAR Promotion of Commissioned Officers and Warrant Officers Other than General Officers) provides policy for the selection and promotion of commissioned officers of the ARNG and USAR.  
Table 2-1 requires a minimum of 4 years and a maximum of 7 years in the lower grade for promotion consideration from CPT to MAJ and promotion consideration from MAJ to lieutenant colonel (LTC).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was appointed as a 1LT, Chaplain Corps, with a DOR of 25 August 1994.  He was promoted to CPT by the KSARNG on 22 April 1997, but he had not completed all his eligibility requirements to become a chaplain and, therefore, he was not extended Federal recognition in the ARNG.

2.  He met the eligibility requirements to become a chaplain on 17 November 1999 and was appointed as a chaplain.  However, he was appointed as a 1LT with a DOR of 17 November 1999 instead of as a CPT, which was the highest grade for which he was qualified.

3.  There were administrative and procedural errors in the applicant's appointment, caused primarily by his accreditation but not necessarily due to his own fault.  Therefore, Special Orders Number 242 AR, dated 22 December 1999, should be amended to show he was appointed as a CPT with an effective date and DOR of 17 November 1999.  He should also receive retroactive pay and allowances as a result of this correction.

4.  Once his initial appointment, DOR, and effective date are corrected, his 28 January 2003 discharge orders from the ARNG as well as his NGB Form 22 (Report of Separation and Record of Service) should also be corrected to show he transferred to the USAR Control Group (Reinforcement) as a CPT instead of 1LT.

5.  Once he is appointed in the USAR in the correct grade, USAHRC officials should determine the earliest dates he would have qualified for consideration for promotion to MAJ and LTC and, if necessary, have his records be considered for promotion by a special selection board to MAJ and LTC, under the appropriate year(s) criteria, as soon as he became eligible for such promotions based on his corrected DOR to CPT.








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 NGB amend Special Orders Number 242 AR to show he was appointed as a CPT and granted Federal Recognition with an effective date and DOR of 17 November 1999;

	b.  recommending NGB correct his discharge orders from the ARNG and his NGB Form 22, if applicable, to show he was discharged in the rank of 1LT;

	c.  appointing him as a CPT in the USAR effective 29 January 2003, 1 day after his discharge from the ARNG;

	d.  forwarding his records for consideration by a special selection board under the criteria of the earliest Reserve Components Selection Board to MAJ for which he would have been eligible and, if applicable, to LTC based on his 17 November 1999 DOR as a CPT; and

	e.  having DFAS audit his pay account based on the above corrections and, if otherwise eligible, paying to him all due pay and allowances.



      ___________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)                                         AR20090020317



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ABCMR Record of Proceedings (cont)                                         AR20090020317



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