IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100000491
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 military records to show he was entitled to receive constructive service credit for his 7 or more years of extensive practical experience as a minister when he joined the military in 1998. He also contends that he did not receive any constructive credit later in 2003, when he was assigned to a troop program unit (TPU). He also requests to receive back pay.
2. The applicant states he should have received constructive service credit in 1998 and 2003.
3. The applicant provides, in support of his application, copies of his appointment orders as a second lieutenant, DD Form 2088 (Certificate of Ecclesiastical Endorsement), appointment orders as a first lieutenant, and a letter from the Adventist Chaplaincy Ministries stating that he had served for nearly
7 years prior to appointment in the military.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. At the time of his application, the applicant was serving as a captain, Chaplain, with Headquarters and Headquarters Company, 35th Signal Corps Battalion, located in Puerto Rico.
3. A memorandum from U.S. Army Total Personnel Command, St. Louis, Missouri, dated 4 March 1998, announced the appointment of the applicant as second lieutenant, in area of concentration 00A56 (Chaplain Candidate).
4. DD Form 2088, dated 3 April 2003, shows an ecclesiastical endorsement for the applicant, indicating that at the time he had 12 years of professional ministry experience. He was applying for non-active duty in the Reserve.
5. A memorandum, U.S. Army Total Personnel Command, St. Louis, Missouri, dated 23 September 2003, announced the appointment of the applicant as a first lieutenant, in area of concentration 0056A (Chaplain).
6. DA Form 4037-E (Officer Record Brief) shows that the applicant was promoted on 2 June 2004 to the rank of captain, pay grade O-3, as a chaplain.
7. In the processing of this case, an advisory opinion was obtained from the Personnel Management Officer, Office of the Chief of Chaplains, Arlington, Virginia. The opinion stated, in essence, that the applicant had not completed a full 7 years of professional experience as a minister prior to being commissioned. Therefore, he did not qualify for any constructive credit based on practical extensive experience. Furthermore, the opinion states that the purpose of constructive credit is to provide grade and date of rank comparability for the person who begins commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field. The applicant's first commissioned service was immediately after obtaining a baccalaureate degree, but prior to his completion of a master's degree. He did not need additional education when he was first commissioned and; therefore, is not authorized constructive credit. He has progressed in rank just as his contemporaries.
8. On 8 June 2010, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response has been received.
9. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army. Table 3-1 (Creditable Service Credit) states that 7 or more years of extensive practical experience in a ministry as documented on DD Form 2088 submitted by the individual's ecclesiastical endorsing agency, qualifies the individual for 1 year of constructive service credit. Paragraph 3-7a(1) further provides that periods of time will be counted only once when computing credit.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to grant him constructive service credit and to pay him back pay.
2. The available evidence clearly shows that the applicant had not completed the required 7 years of extensive practical experience in a ministry prior to his commissioning.
3. Furthermore, the applicant did not qualify for constructive credit in 2003 when he had a total of 12 years experience because more than 5 years of this time was served in a commissioned status. Time served cannot be counted more than once when computing constructive service credit.
4. In view of the above, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ __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) AR20100000491
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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