IN THE CASE OF:  

		BOARD DATE:  12 November 2021

		DOCKET NUMBER:  AR20210005484


APPLICANT REQUESTS:  reconsideration of his previous request for correction of his 
rank upon appointment of commission to reflect captain (CPT)/O-3.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 2088 (Certificate of Ecclesiastical Endorsement), dated 25 March 1999
*	DA Form 71 (Oath of Office), dated 2 July 1999
*	Orders Number C-12-939283, dated 6 December 1999
*	African Methodist Episcopal Church letter, dated 10 February 2012

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR201100 on 8 March 2012.

2.  The applicant states in pertinent part that he was appointed a commission within the 
Chaplain Corps in July 1999, at the rank of first lieutenant (1LT)/O-2. He contests that 
since then, he remained a chaplain and has now been promoted to the rank of 
Lieutenant Colonel (LTC)/O-5. Prior to being commissioned, he had 9 years of ministry 
experience as a pastor in the African Methodist Episcopal Church. As such, he believes 
that he should have been commissioned as a CPT rather than a 1LT. He pursued this 
correction several years ago, but the focus was different. Since then he has completed 
2 deployments (Iraq/Kuwait) and received both a Bronze Star Medal and a Combat 
Action Badge. 

3.  A review of the applicant's available personnel records reflects the following: 

   a.	On 13 May 1989, the applicant was awarded a Masters of Divinity Degree from 
the Interdenominational Theological Center. 

   b.	On 2 July 1999, the applicant was appointed a Reserve commission within the 
Chaplain Corps at the rank of 1LT.
   c.	On 11 April 2003, he completed the Chaplain Officer Basic Course. 

   d.	On 24 November 2004, the applicant was promoted to the rank of CPT with an 
effective Date of Rank (DOR) of 2 June 2004. 

   e.	On 18 March 2010, the U.S. Army Human Resources Command (HRC) issued 
Orders Number B-03-00XXX promoting the applicant to the rank of major (MAJ)/O-4 
with an effective date and DOR of 27 February 2010.

   f.	On 7 June 2011, HRC issued Orders Number R-06-187XXXX ordering the 
applicant to active duty within the Active Guard Reserve (AGR) program effective  
27 June 20XX.

   g.	On 28 January 2014, HRC issued Orders Number B-03-0015XXX revoking 
Orders Number B-03-001XXX. Subsequently, Orders Number B-01-400XXX was issued 
promoting the applicant to the rank of MAJ with an effective date and DOR of 
30 June 20XX.

   h.	On 7 April 2017, HRC issued Orders Number B-04-702XXX promoting the 
applicant to the rank of LTC 5 with an effective date and DOR of 17 March 20XX.

   i.	On 18 December 2017, HRC issued Orders Number B-12-708414 changing the 
applicant's effective date and DOR to LTC to reflect 15 March 2016.

   j.	On 8 August 2019, HRC issued the applicant's Notification of Eligibility for 
Retired Pay at Non-Regular Retirement (20-Year Letter). 

   k.	On 21 October 2021, HRC issued Orders Number C-10-111XXX transferring the 
applicant to the Retired Reserve effective 1 December 2021.

4.  The applicant provides the following a: 

   a.	DD Form 2088 (Certificate of Ecclesiastical Endorsement), dated 25 March 1999, 
reflective of the applicant's professional qualification of clergy being certified for 
appointment in the military. Section 3f. (Number of Years of Professional Ministry 
Experience Applicant Has Completed) reflects "none."

   b.	Orders Number C-12-939XXX dated 6 December 1999, the applicant was 
released from the U.S. Army Reserve (USAR) Control Group (Reinforcement) and 
reassigned to a Troop Program Unit (TPU) effective 6 December 1999.

   c.	African Methodist Episcopal Church letter, dated 10 February 2012, reflective of 
the applicant having 9 years of previous professional ministry experience when he 
entered the Army Chaplaincy in July 1999. 

5.  On 8 March 2012, ABCMR Docket Number AR2011001XXX the Board determined 
that the evidence presented was sufficient to warrant a recommendation for partial 
relief. As a result, the Board recommended that all Department of the Army (DA) 
records of the applicant be corrected by to indicate that he had 9 years of ministry 
experience at the time of his appointment (DA Form 2088), recalculation of his DOR to 
1LT with 2 years of Time in Grade (TIG) and 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. However, the Board further determined that the evidence 
presented was insufficient to warrant a portion of the requested relief. As a result, the 
Board recommended denial of the applicant's request for correction of his records to 
reflect appointment as a CPT effective 1 July 1999. On 12 December 2011, during the 
processing of this case, the Office of the Chief of Chaplains provided an advisory 
opinion. The advisory official provided in pertinent part that the standard in 1999 for 
chaplain appointments was to appoint all applicants at the rank of 1LT with 1 or 2 years 
of TIG; 2-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 reflect 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 (AR) 135-100 (Army National Guard 
and Army Reserve - Appointment of Commissioned and Warrant Officers of the Army).

6.  On 5 October 2021, the Chief, Chaplain Corps Branch of the Office of the Chief of 
Chaplains provided an advisory opinion recommending approval of the applicant's 
request citing that the applicant graduated from the International Theological Center 
with a Masters in Divinity degree and had 9-years of professional ministry experience 
post-graduation of qualifying graduate degree. Per AR 135-100, paragraph 
3-7.a.(3)(d)Table 3-1, the applicant should have received an additional 1 year of 
constructive credit; a total of 4 years rather that the 3 years that he initially received. 
Therefore, his appointment should have been in the rank of CPT rather than as a 1LT. 

7.  On 18 October 2021, the applicant was provided with a copy of the advisory opinion 
and afforded 15 days to provide comments. 

8.  On 25 October 2021, the applicant responded to the advisory opinion concurring with 
the recommendation and requested that his DOR to CPT reflect 2 July 1999. Further, 
based on this adjustment he requests that his DOR to MAJ and LTC be adjusted 
accordingly. 
9.  On 3 November 2021, the applicant provided an addendum to his 25 October 2021 
letter requesting that if relief is granted and he is within 90 days of his Mandatory 
Retirement Date (MRD) that he be extended by 180 days in order to afford a reasonable 
amount of time for the adjustment of rank(s) and other personnel actions.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was warranted. The applicant’s 
contentions, the military record, am advisory opinion, and regulatory guidance were 
carefully considered. The Board concurred with the advising official’s findings and 
recommendation. Based upon a preponderance of the evidence, the Board determined 
there is sufficient evidence to adjust the applicant’s rank when accessed, and request 
his record is reviewed for promotion at subsequent ranks by way of a Special Selection 
Board.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant amendment of the 
ABCMR's decision in Docket Number AR20110018XXX on 8 March 20XX. As a result, 
the Board recommends that all Department of the Army records of the individual 
concerned be corrected by:

     a. showing he was accessed and appointed as a commissioned officer at the rank of 
CPT with a date of rank and effective date of 2 July 1999;

     b. providing him with back pay and entitlements as a result of the correction;

     c. based upon the adjusted date of rank to CPT, place his military record before 
Special Selection Boards (SSB) to determine if he would have been promoted to 
subsequent ranks at an earlier date; and

     d. adjust his MRD pending the promotion decisions of the SSB.

		  
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.


REFERENCE:

AR 135-100 (Appointment of Commissioned and Warrant Officers of the Army) in effect 
at the time, provides that 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. A 
Chaplain, when appointed as a 1LT will be credited with the actual service and 
constructive service credit allowed. Such credit will not be less than 3 years of service in 
an active status. 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. The 
number of years creditable as constructive service credit may not exceed 3 years (Entry 
Grade for Appointment or assignment) and 1 year for 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. 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. 

	a.  Paragraph 1-9 (Grade on Appointment) provides that officers and former officers 
will be appointed in the highest grade to which entitled under Title 10 United States 
Code, section 3359 (Appointments as Reserve Officers – Commissioned Officers: 
Original Appointment; Determination of Grade): 

*	Less than 3 years of service credit = Second Lieutenant 
*	3 years or more but less than 7 years of service credit = First Lieutenant 
*	7 years or more but less than 14 years of service credit = Captain

	b.  Table 3-1 (Creditable service credit) shows:

		(1)  Category: Entry grade for appointment or assignment; credit: 3 years.

	(2)  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

	c.  Applicants for initial appointment in ranks above second lieutenant and former
officers without prior service as chaplains must meet the following criteria: (1) 
Education—(a) Possess a baccalaureate degree of not less than 120 semester hours 
from a college that is listed in the Education Directory, Colleges and Universities or from 
a school whose credits are accepted by a college listed therein. (b) Have completed 3 
resident years of graduate professional study in theology or related subjects (normally
validated by the possession of a Master of Divinity or equivalent degree or 90 semester 
hours), that lead to ecclesiastical endorsement as a member of the clergy fully qualified 
to perform the ministering functions of a chaplain, at a graduate school listed in the 
Education Directory Colleges and Universities.


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005484


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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