IN THE CASE OF:	  

		BOARD DATE:  5 February 2014

		DOCKET NUMBER:  AR20130016027 


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 by showing he was retired in the rank of major, pay grade O-4.

2.  The applicant states he believes the decision by the Deputy Assistant Secretary of the Army to determine his retirement should be as a captain, pay grade O-3E is unjust.  He contends that he had only one disciplinary action during his entire 33-year career.  He has four "top block" officer evaluation reports with comments saying he was a top Army chaplain family life graduate, displayed the qualities and abilities of a senior lieutenant colonel in every respect, and was the very best brigade chaplain ever seen.  During his adjudication, he was separated from his wife, suffered from compassion fatigue, and had unsuccessfully sought professional help from behavior health and Army chaplains.

3.  The applicant further states that he realizes that using his government computer to view naked photos of females should be taken seriously.  The intention of his appeal is not to undermine his offense.  He has attached enclosures to substantiate his history of seeking help.  He began with 19 visits with behavior health, 19 sessions with a senior chaplain, a weekend at Faithful and True Ministry, and 6 days of brief intense counseling at Stonegate Resources in March 2011.  He completed a year of follow-up assignments and workbook.  In January 2009, he successfully sought help from a local Inspector General.  He first contacted Stonegate in September 2010, but due to scheduling conflicts did not attend during that fall.  His $2500.00 deposit was paid in February 2011 before he had received any disciplinary action.  Stonegate provided him and his wife the help they needed.  It has transformed their lives and marriage.  He shared his story and how he was helped with 70 other chaplains at the Army Interdisciplinary Conference in January 2012.  He humbly requests that this Board examine his military history beginning in 1973, consider his marital circumstances, objectively assess his faithful and honorable service as a major, and change his retirement rank to major, pay grade O-4.

4.  The applicant provides copies of:

* DA Form 1059 (Civilian Institution Academic Evaluation Report), dated      20 August 2007
* DA Forms 67-9 (Officer Evaluation Report (OER)) dated between           26 March 2002 and 27 August 2013 (14 reports)
* Invoice, Faithful and True Ministries, Inc, for session date 3 October 2008
* Memorandum from the Office of the Command Chaplain, dated 21 April 2009
* Memorandum from the United States Army Europe Regional Medical Command, dated 27 July 2009
* Marital Separation Agreement, dated 25 March 2010
* Email communication from Stonegate Resources to the applicant, dated 16 September 2010
* Email communication from Stonegate Resources to the applicant, dated 10 February 2011
* Email communication, dated 28 March 2011 concerning the applicant's attendance at Brief Intensive Counseling program
* Memoranda dated 21 and 24 June concerning the applicant's discharge in lieu of elimination
* Memorandum for Show Cause Board, dated 6 December 2011
* Findings and Recommendations Worksheet for Board of Inquiry, dated     8 December 2011
* DA Form 638 (Recommendation for Award) dated 29 August 2012 with certificate for Army Commendation Medal with 3rd Oak Leaf Cluster
* DA Form 638, dated 11 July 2013, with certificate for Meritorious Service Medal
* DA Form 4037 (Officer Record Brief) dated 24 April 2013
* Five letters of support dated between 1 May and 10 July 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant entered military service in 1972 and served various periods of active and inactive duty as a Reserve Component enlisted Soldier and as a commissioned officer.

2.  On 20 December 2002, the applicant was appointed in the Regular Army as a major, pay grade O-4, Chaplain Corps.

3.  On 11 April 2011, the applicant accepted nonjudicial punishment (NJP) for wrongfully using his government computer to access prohibited sexually explicit Web sites and pornographic images.  He received a forfeiture of $3,524.00 pay and a written reprimand as punishment.

4.  On 14 September 2011, the Deputy Assistant Secretary of the Army (DASA) denied the applicant's request to be discharged in lieu of elimination with a characterization of service no less favorable than honorable.  The DASA recommended that a Board of Inquiry authorized to recommend an Under Other Than Honorable Conditions characterization of service be conducted, unless the applicant tendered an unconditional resignation in lieu of elimination.

5.  On 17 January 2012, the findings and recommendations of a Board of Inquiry were approved wherein the applicant was recommended for retention in the United States Army.

6.  On 24 October 2012, the applicant submitted a request for voluntary retirement.  He requested to be released from active duty on 30 November 2013 and placed on the retired list on 1 December 2013.  His brigade commander recommended approval of his request.

7.  On 7 December 2012, the applicant was notified that he was eligible to apply for early retirement under the Department of the Army Temporary Early Retirement Authority (TERA).  TERA is offered to officers who have twice failed selection for promotion to the next higher grade and have at least 15, but less than 20 years of active federal service by their established mandatory separation date.  While individuals must apply for the TERA, approval is not assured.

8.  On 12 December 2012, the applicant acknowledged his notification of mandatory separation from active duty.  He indicated that he was a Regular Army officer and desired to request early retirement under TERA.

9.  On 19 March 2013, the Chief, Officer Retention and Transition, United States Army Human Resources Command (HRC) requested a grade determination from the Army Grade Determination Review Board (AGDRB) regarding the applicant's request for retirement.  

10.  On 28 March 2013, the AGDRB informed the applicant that he was authorized to submit any written materials he wanted the AGDRB to consider.
11.  On 16 April 2013, the DASA wrote in a memorandum to HRC that the AGDRB had reviewed the applicant's voluntary retirement and the request from HRC for a grade determination.  The DASA directed that if the applicant's retirement was approved, he was to be placed on the Retired List in the pay grade of O-3E.

12.  Orders 157-0002, 1st Infantry Division, dated 6 June 2013, as subsequently amended by Orders 029-0021, dated 29 January 2014, announced the applicant's reassignment from Headquarters and Headquarters Company, 1st Aviation Battalion, Fort Riley, Kansas to the Transition Center.  These orders also directed that he was to be retired from active duty effective 30 November 2013 and placed on the retired list on 1 December 2013 in the rank of captain.

13.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 November 2013 shows his rank as major, pay grade as O-4.  

14.  A review of the data contained in HRC data base files shows that the applicant is listed on the United States Army Retired List as a major.

15.  The five letters of support, as provided by the applicant, were written by a brigade commander; two command sergeants major; the Chief of Staff, Office of the Chief of Chaplains, Washington, DC; and the Pentagon Chaplain.  These letters collectively state, in effect, that the applicant's retirement rank and pay grade should be changed from captain, O-3E to major, O-4.  Their support is based on the quality of service that the applicant has provided and continued to provide in performing his duties as a chaplain.

16.  A review of the applicant's OERs rendered for his performance while on active duty show he consistently performed well above average. 

17.  Title 10, United States Code, section 1370, provides that a commissioned officer shall be retired in the highest grade in which he served on active duty satisfactorily, as determined by the Secretary of the military department concerned, for not less than 6 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by showing he was retired in the rank of major, pay grade O-4 because he believes the DASA's grade determination decision to retire him as a captain, pay grade 
O-3E is unjust.

2.  The available evidence shows that the applicant accepted NJP for using his government computer to access prohibited sexually explicit Web sites and pornographic images.  A Board of Inquiry voted to retain him in the United States Army; however, he was also identified as TERA eligible.  Upon his request for early retirement, HRC requested a grade determination from the AGDRB, resulting in his being retired as a captain, pay grade O-3E.

3.  The applicant's military record of high quality performance as a chaplain has been noted.  Unfortunately, his misconduct reflected so poorly on him that it has severely diminished the overall quality of his service.  Accordingly, the AGDRB recommendation was approved by the DASA resulting in his highest grade satisfactorily held to be that of captain, pay grade O-3E.

4.  The evidence does not adequately substantiate an error or injustice in the applicant's case.

5.  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)                                         AR20130016027





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ABCMR Record of Proceedings (cont)                                         AR20130016027



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