IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110018849 


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 record to show he was appointed as a captain (CPT)/O-3 effective 1 July 1999.  

2.  He states he was commissioned as a chaplain with the incorrect rank.  He was accessioned in the rank of first lieutenant (1LT)/O-2 instead of CPT/O-3.  Army Regulation 600-8-29 (Officer Promotions) and Army Regulation 135-155 (Army National Guard and Army Reserve - Promotion of Commissioned Officers and Warrant Officers Other Than General Officers) state applicants with 7 years of pastoral experience will be appointed as a CPT/O-3 with 0 months of time in grade (TIG).  He graduated from the seminary in May 1989 with a Master of Divinity (MDIV) degree after completing 90 semester hours.  He joined the Army in July 1999 following 9 years of full-time pastoral ministry in the African Methodist Episcopal Church.  His record is in error and unjust because the chaplain recruiter did not follow the published guidelines.

3.  He provides:

* an appointment letter
* a DA Form 71 (Oath of Office – Military Personnel)
* a DA Form 61 (Application for Appointment)
* three DA Forms 2088 (Certificate of Ecclesiastical Endorsement)
* two DA Forms 1059 (Service School Academic Evaluation Report)



CONSIDERATION OF EVIDENCE:

1.  A DA Form 61 completed during the applicant's accession processing shows he completed an MDIV on 13 May 1989 with 90 semester credits earned.  He listed his main civilian employment as a college chaplain from January 1997 to present.  

2.  Effective 2 July 1999, he was appointed as a Reserve Commissioned Officer of the Army in the Chaplain Branch in the rank/grade of 1LT/O-2.  His appointment memorandum shows he was credited with 3 years of service in an active status.

3.  He was promoted to CPT/O-3 effective 2 June 2004, and he was promoted to major/O-4 effective 27 February 2010.  He is currently serving in the U.S. Army Reserve.

4.  He provides three DD Forms 2088 completed by designated officials authorized to represent the African Methodist Episcopal Church.

	a.  The first, dated 12 August 1999, shows no entry for the number of years of professional ministry experience he had completed.  

	b.  The second, dated 31 March 2001, shows he had 13 years of professional ministry experience.

	c.  The third, dated 4 May 2006, shows he had 16 years of professional ministry experience.

5.  On 12 December 2011, during the processing of this case, the Office of the Chief of Chaplains provided an advisory opinion.  The advisory official stated, in part, that the standard in 1999 for chaplain appointments was to appoint all applicants as 1LTs with 1 or 2 years of TIG.  Two years of TIG was granted to applicants with 7 or more years of professional work experience documented on their DD Form 2088.  The applicant's DD Form 2088, dated 12 August 1999, did not show any professional work experience, and because his ecclesiastical endorsing agency did not document any extensive practical experience, the additional 1 year of TIG could not be awarded at the time of appointment in accordance with Army Regulation 135-100 (Army National Guard and Army Reserve - Appointment of Commissioned and Warrant Officers of the Army).

6.  On 8 February 2012, the applicant provided comments in response to the advisory opinion.  He stated, in part, that the African Methodist Episcopal Church Ecumenical Officer who signed his initial DD Form 2088 did not indicate his ministry experience, but the current Ecumenical Officer has stated his predecessor made a mistake in not listing his 9 years of ministry experience.  He should have been promoted to CPT or eligible for promotion to CPT 2 years following his accession.  Instead it took him 6 years to be promoted.  

7.  Army Regulation 135-100, chapter 3, section III, addresses appointment of chaplains.  It states qualified applicants without prior commissioned service will be credited with 3 years of service in an active status, and they will be appointed in the rank of 1LT.  Table 3-1 states an additional 1 year of constructive service credit (CSC) may be granted based on seven or more years of extensive practical experience in a ministry as documented on the DD Form 2088 submitted by the individual’s Ecclesiastical Endorsing Agency.

8.  Army Regulation 135-155 states the minimum TIG for promotion from 1LT to CPT is 2 years and the maximum TIG is 5 years.  The regulation also states that officers who have either failed of selection for promotion or who were erroneously not considered for promotion through administrative error may be reconsidered for promotion by either a promotion advisory board or a special selection board (SSB), as appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion shows the standard in 1999 for chaplain appointments was to appoint all applicants as 1LTs with 1 or 2 years of TIG.  The governing regulation confirms the information in the advisory opinion.  This being the case, the applicant would not have been appointed as a CPT.  There is no basis for correcting his record to show he was appointed as a CPT.

2.  The applicant's Ecclesiastical Endorsing Agency has confirmed the Ecumenical Officer who signed his initial DD Form 2088 erred by not indicating the 9 years of ministry experience he had at the time.  Had this information been properly recorded, he would have received an additional year of CSC and been appointed as a 1LT with 2 years of TIG.  

3.  Based on the available evidence, it would be appropriate to correct his record to show he was appointed as a 1LT with 2 years of TIG.  The appropriate authority should also review his records to determine if, based on this correction, he should have been considered earlier for his subsequent promotions and, if so, submitting his record to the appropriate boards for review.  




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

   a.  correcting his initial DD Form 2088 to indicate he had 9 years of ministry experience at the time of his appointment; 
   
   b.  recalculating his date of rank for 1LT with 2 years TIG; and
   
   c.  directing the appropriate authority to review his records to determine if, based on these corrections, he should have been considered earlier for subsequent promotions and, if so, to submit his record to the appropriate boards for review.

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 correction of his record to show he was appointed as a CPT effective 1 July 1999.  



      _______ _   _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)                                         AR20110018849





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ABCMR Record of Proceedings (cont)                                         AR20110018849



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