BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014490 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ____X____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014490 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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. directing the U.S. Army Human Resources Command (HRC), Fort Knox, KY to amend his appointment memorandum, issued by on 8 June 2011, to show he was credited with 3 years, 0 months, and 0 days of "years of service in an active status," as shown at item "D"; and b. directing HRC to adjust his date of rank to captain, based on this correction, if appropriate. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application in excess of the relief described above. _____________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. BOARD DATE: 26 January 2017 DOCKET NUMBER: AR20150014490 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 date of rank (DOR) to captain (CPT), from 23 August 2011 to 23 August 2009. 2. The applicant states at the time he was accessed as a Chaplain in the U.S. Army Reserve (USAR), he should have received 2 years of constructive service credit (CSC) based on his previous service as an active duty commissioned officer. This CSC was not applied to his record when he was accessed as a Chaplain in the USAR. 3. The applicant provides: * Order Number 047-023, issued by the U.S. Army Human Resources Command (HRC), Alexandria, VA, on 1 March 2006 * DD Forms 214 (Certificate of Release or Discharge from Active Duty), for the periods ending 1 February 2008, 19 August 2011, and 22 July 2013 * a memorandum from HRC, dated 8 June 2011, subject: Appointment as a Reserve Commissioned Officer of the Army Under Title 10, [U.S. Code] USC [sections] 12201 and 12203 * DA Form 71 (Oath of Office – Military Personnel), dated 23 August 2011 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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was appointed as a Reserve commissioned officer of the Army, in the rank of second lieutenant and entered the Regular Army on 17 January 2003. 3. The applicant was promoted to first lieutenant on 17 July 2004 and to CPT on 1 March 2006. 4. The applicant was honorably discharged from the Army on 1 February 2008. 5. After a break in service, the applicant was appointed as a Reserve commissioned officer of the Army on 29 March 2010, as a Quartermaster (QM) officer, before being reappointed on 19 January 2011 upon his entrance into the Chaplain Candidate Program. He completed the Chaplain Basic Officer Leadership Course on 19 August 2011. 6. The applicant was reappointed as a Reserve commissioned officer of the Army on 23 August 2011 as a CPT in the Chaplain Corps. His appointment memorandum shows he was not credited with any CSC. 7. An advisory opinion was obtained on 14 June 2016 from the Office of the Chief of Chaplains, Headquarters, Department of the Army. The advisory official states, in pertinent part: a. The applicant was appointed as a Chaplain (CPT) on 23 August 2011 with zero time in grade (TIG) by the Chief, [Reserve] Appointments [and Accessions] Branch, HRC. His appointment grade of O-3 was based on his prior commissioned service as a QM officer. b. The applicant was appointed as a chaplain candidate (CPT) effective 19 January 2011. His TIG is not documented on the appointment letter. c. The applicant began his commissioned service as a 2LT on 17 January 2003. He was commissioned through Officer Candidate School, was promoted to CPT on 1 March 2006, and served on active duty as a QM officer until 1 February 2008. At that time, he transitioned to the USAR and continued serving until 27 June 2009. After a break in service, he returned to the USAR on 29 March 2010 as a QM officer before entering the Chaplain Candidate Program on 19 January 2011. d. In accordance with Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), Table 3-2, a chaplain applicant is to receive credit for each year of prior commissioned service upon appointment as a chaplain candidate. The applicant had over 4 years TIG as a CPT. e. Based on the Office of the Chief of Chaplains appointment grade policy, the applicant was eligible for appointment as a CPT with 3 years TIG at the time of appointment as a chaplain, on 23 August 2011. All pay and benefits associated with this change should be awarded to the individual. 8. A copy of the advisory opinion was sent to the applicant on 7 July 2016, for a review and the opportunity to provide a response. He did not respond. REFERENCES: 1. Army Regulation 135-100 provides procedures for the appointment of commissioned and warrant officers in the Reserve Components of the Army.  Section III (Appointments of Chaplains), paragraph 3-7 (Appointment grade and DOR), provides: a. Grade. (1) Appointment will not be made in the rank of 2LT, except as provided in (2) below or in general officer grades. Entry grade and DOR 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 (paragraphs 3–7a (3) and (4)). A period of time will be counted only once when computing credit. Appointment may be made in the following grades: (a) Applicants without prior commissioned service will be credited with 3 years of service in an active status. They will be appointed in the rank of 1LT. (b) Reserve Component commissioned officers will be ordered to active duty with assignment to the Chaplains Branch. Assignment will be in their Reserve grades unless a higher grade, below that rank of major is authorized. (c) Former commissioned officers (other than commissioned warrant officers) will be appointed in the highest grade for which they qualify. This is based on the total credit allowed under (3) and (4) below. (d) Reserve Component commissioned officers of an Armed Force other than the Army approved for inter-service transfer may be appointed in the Reserve of the Army. These officers will be given the same grade and DOR as held in the former Armed Force. (2) Applicants (para 3–6d) may be appointed as second lieutenants with assignment to the Staff Specialist Branch, SSI 00A56. This is until they become eligible for appointment as first lieutenant in the Chaplain Branch. An applicant when appointed as a first lieutenant will be credited with the actual service and constructive service credit allowed under (3) and (4) below. Such credit will not be less than 3 years of service in an active status. (3) Constructive service credit. The purpose of constructive service credit is to provide grade and DOR 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. This relates to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree. Compute and award constructive service credit as follows: (a) Count a period of constructive service only once. (b) Do not count periods of time spent in an active status as a commissioned officer or on active duty. (c) Credit qualifying periods of less than 1 full year proportionately. (d) The number of years creditable as constructive service credit may not exceed the following: Table 3–1 (Creditable service credit) Category: Entry grade for appointment or assignment. Credit: 3 years Category: Seven or more years of extensive practical experience in a ministry as documented on DD Form 2088 submitted by the individual’s Ecclesiastical Endorsing Agency. Credit: 1–year Category: Unusual cases involving special experience or unique qualifications as determined by the Secretary of the Army or his designee, upon the recommendation of the Chief of Chaplains. Credit: One–half year for each year to maximum 3 years. (4) Prior active commissioned service credit. Credit for prior service as a commissioned officer may not exceed that computed in accordance with the following table: Qualifying periods of less than one full year shall be proportionately credited. (5) Maximum entry grade credit. Total entry grade credit granted will not exceed that which the person needs to receive an entry grade of major. b. DOR. (1) The DOR of an officer commissioned in the Reserve of the Army and appointed to the Chaplain Branch will be determined by the entry grade credit awarded on appointment. (2) The DOR of a chaplain in the Reserve of the Army, ordered to active duty and placed on the Active Duty List (ADL), may be adjusted. This is provided under Army Regulation 600–20 (Army Command Policy), chapter 6. 2. Department of the Army Pamphlet 165-17 provides guidance for implementing chaplain personnel management policy established in applicable Army Regulations and it sets standards and gives policy for accessioning, assigning, and managing personnel in the chaplain branch of the Army. a. Effective 24 July 1993, the Chief of Chaplains implemented the provisions of Army Regulation 600-8-29, subparagraph 1-40c: OTRA Chaplains in the Reserve Grade of 1LT who received entry grade credit which included constructive service credit at the time of their most recent original appointment, may be tendered a new original appointment in a higher grade not above major upon placement on the active duty list if the total period of entry grade credit exceeds the promotion phase point to the higher grade in the Chaplain competitive category. Currently, the phase point for the promotion of chaplains to the grade of captain is 42 months of constructive service credit, or 24 months as 1LT." b.  Chaplains accessed onto active duty are not awarded more than 3 years in date of rank upon inclusion on the Active Duty List. This policy maintains the integrity of the chaplain competitive category promotion system and ensures that chaplains with Reserve Component service credit are competitive when appearing before Department of the Army Centralized Promotion Boards. c.  Chaplains receive 3 years of constructive credit in accordance with Army Regulation 135-100, paragraph 3-7, for the combination of 3 resident years of graduate professional study and 2 years of professional experience. Of those 3 years, 18 months apply to time in grade for promotion to 1LT, and 18 months are credited to DOR. An additional 1 year of constructive credit may be awarded for 7 or more years of extensive practical experience in ministry. To qualify for this 1 additional year of constructive credit, the 7 years of practical experience must be subsequent to the individual fulfilling all the educational requirements for the chaplaincy and must be documented by the individual's ecclesiastical endorsing agent on the official ecclesiastical endorsement (DD Form 2088). Certification must be provided to the Accession Selection Board by the ecclesiastical endorsing agency at the time of application for active duty. DISCUSSION: 1. The applicant was appointed as a Reserve commissioned officer of the Army on 17 January 2003 as a 2LT in the USAR. He served in an active status for a period of 5 years and 15 days. On 23 August 2011, he was accessed as a CPT in the Chaplain Corps; however, he was not credited with any CSC. 2. In accordance with the governing regulation, the entry grade awarded will be the sum of the prior commissioned service allowed based on the total credit allowed. Additionally, the advisory official states the applicant should have been credited with 3 years of CSC upon his appointment as a CPT. 3. Based on the applicable evidence and regulation, the applicant met all other requirements for appointment as a CPT on 23 August 2011 with 3 years of CSC. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014490 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2