IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100018072 


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 his first lieutenant (1LT) date of rank (DOR) of 3 April 2009 be corrected to show 3 September 2008; and his captain (CPT) DOR be corrected to show 3 September 2009. 

2.  The applicant states that Army Regulation 135-100 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) prescribes that a person with seven years experience receives one year credit towards their promotion to captain.  His DA Form 2088 (Statement of Ecclesiastical Endorsement) verifies a total of ten years of pastoral experience.

3.  The applicant provides copies of the following:

* DA Form 1059 (Service School Academic Evaluation Report) for the period 8 June 2008 to 3 July 2008
* DA Form 1059 for the period 4 January 2009 to 3 April 2009
* Florida National Guard, Office of the Adjutant General Orders Number 258-025, dated 15 September 2009
* National Guard Bureau, Special Orders Number 71 AR, dated 14 April 2010
* DA Form 2088, dated 23 April 2009
* Free Will Baptist Home Missions Letter, dated 23 April 2009



CONSIDERATION OF EVIDENCE:

1.  On 3 September 2009, the applicant was reappointed and granted Federal recognition as a Chaplin, 1LT, in the ARNG.

2.  The record shows he completed the Chaplain Basic Officer Leader Course (CIMT) on 3 July 2008 and the Chaplain Basic Officer Leader Course on 3 April 2009.  

3.  Florida National Guard, Office of the Adjutant General, Orders Number 258-025, dated 15 September 2009, show he was appointed a 1LT in the Army National Guard, Chaplain Corps, effective 3 September 2009;

4.  National Guard Bureau, Special Orders 71 AR, dated 14 April 2010, show he was extended Federal recognition and appointed as a 1LT, Chaplain Corps, on 
3 September 2008;

5.  In the processing of this case advisory opinions were obtained from the National Guard Bureau Personnel Chaplain and the Chief, Personnel Policy Division.  Both advisory officials recommended the applicant's records be corrected to show he was reappointed as a CPT in the Chaplain Corps, effective 3 September 2009, and that he be afforded all back pay and allowance.  The advisory opinions note the applicant’s DA Form 2088 was not in his packet when determining his rank and as a result the information which would have entitled him to an extra year time in grade was not taken into consideration.  He met the necessary requirements to be appointed as a CPT in conjunction with completing the Chaplain Basic Officer Leadership Course on 3 April 2009. 

6.  On 28 January 2011, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal.  No response was received.

7.  The applicant provides:

	a.  A Statement of Ecclesiastical Endorsement, endorsed by the Board of Home Missions of the National Association of Free Will Baptists, dated 23 April 2009, which shows he completed 10 years of professional ministry experience; and

	b.  A letter from the Office of Chief of Chaplains, Free Will Baptist Home Missions, dated 23 April 2009, which states the applicant is an ordained minister.

8.  Army Regulation 135-100 prescribes policy and procedures for the appointment of commissioned and warrant officers in the ARNG of the United States (ARNGUS) and the United States Army Reserve (USAR).

	a.  paragraph 1-9 (Grade on appointment) states officers and former officers will be appointed in the highest grade to which entitled under Title 10, U.S. Code, section 3359;

	b.  chapter 3, section III, prescribes special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplains.  Members may be appointed as a 2LT with assignment to the Staff Specialist Branch until they become eligible for appointment as a 1LT;

	c.  paragraph 3-7 (Appointment grade and date of rank) states entry grade and date of rank 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.  A period of time will be counted only once when computing credit.  Former commissioned officers (other than commissioned warrant officers) will be appointed in the highest grade for which they qualify;

	d.  paragraph 3-7a(3) (Constructive service credit) states that the purpose of constructive service credit is to provide grade and date of rank comparability.  This is for a 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;

	e.  Constructive service credit is to be counted only once; do not count periods of time spent in an active status as a commissioned officer or on active duty; and credit qualifying periods of less than 1 full year proportionately;

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

		(1)  entry grade for appointment or assignment, a credit of 3 years; and 

		(2)  with 7 or more years, but less than 14 of extensive practical experience in a ministry (as documented on DD Form 2088) submitted by the individual's Ecclesiastical Endorsing Agency, 1 additional year of credit; 

	g.   the date of rank of an officer commissioned in the Reserve of the Army and appointed to the Chaplain Corps will be determined by the entry grade credit awarded on appointment; and

	h.  personnel who are appointed to the Chaplain Corps, have finished the Chaplain Basic Officer Course, and have two years time in grade as a 1LT or have two years of constructive credit will be appointed as a CPT with no extra time in grade (emphasis added).

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his 1LT DOR of 3 April 2009 be corrected to 
3 September 2008; and his captain (CPT) DOR be corrected to show 
3 September 2009. 

2.  The evidence shows he completed 10 years of professional ministry experience which was not considered when determining his grade for appointment in the Chaplain Corps.  Army Regulation 135-100 states entry grade and date of rank in commissioned officer grades will be determined by the entry grade credit awarded on appointment.  The Soldier receives 3 years of creditable service credit on entry grade for appointment or assignment.  An additional year is credited to the Soldier, when 7 or more years of extensive practical experience in ministry is documented on a DD Form 2088.

3.  Therefore, it is appropriate to amend the National Guard Bureau, Special Orders Number 71 AR, dated 14 April 2010, to show the applicant was extended Federal recognition for the purpose of initial appointment as a CPT in the Chaplain Corps with an effective date of 3 September 2009.

4.  In regards to correcting his 1LT DOR, there is no relief required because he was reappointed as a 1LT in error for the reason stated above.

5.  In view of the foregoing, his should be granted partial relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ____X___  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 partial relief.  As a result, the Board recommends that all State ARNG records and Department of the Army records of the individual concerned be corrected by:

	a.  recommending the FLARNG correct Orders Number 258-025, dated 
15 September 2009, and the applicant's records to show his DOR to CPT effective 3 September 2009;

	b.  recommending the NGB publish a special order extending him Federal recognition for promotion to CPT with an effective date and DOR of 3 September 2009; and

	c.  Department of Finance and Accounting Service audit his pay account based on the above corrections and, if otherwise eligible, restore pay and allowances.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting his 1LT DOR to show 3 April 2008.  




      _______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)                                         AR20100018072



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ABCMR Record of Proceedings (cont)                                         AR20100018072



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