IN THE CASE OF: BOARD DATE: 9 May 2022 DOCKET NUMBER: AR20210007908 APPLICANT REQUESTS: in effect, adjustment of his 2001 initial appointment grade from first lieutenant (1LT) to captain (CPT) in the U. S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2088 (Certificate of Ecclesiastical Endorsement) * Two Appointment Memoranda * DA Form 71 (Oath of Office) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. This is a petition to adjust his 2001 initial appointment grade. He was appointed in the USAR, as a chaplain, on 28 June 2002, following 14 years of service as a pastor based on his DD Form 2088. He was appointed in the rank of 1LT, which he held for 3 years before being promoted to CPT on 2 June 2004. Based on his prior experience, he should have been appointed as a CPT. The system discriminated against him because he was appointed as a member of the USAR. Active Duty chaplains with his experience were appointed as a CPT. A landmark case has already been presented in which a Reserve component chaplain's date of rank was adjusted due to the same discrimination. He is requesting equal treatment under this precedent. b. The military operates by a code of standards and justice that is accepted across all ranks. Wrong is wrong, and every effort should be made to correct errors no matter how long it takes to discover them. This is basic to unit morale and motivation. Failure to take care of the Soldier is anathema to good order and discipline. The Board should act promptly on this matter since it has already set a precedent, having resolved this issue for so many other Reserve and Guard chaplains who were similarly discriminated against. 3. The applicant provides his: * DD Form 2088, dated 24 May 2000 * two Appointment Memoranda, dated 16 and 19 June 2001 * DA Form 71, dated 28 June 2001 4. A review of the applicant’s service record shows: a. His DD Form 2088, dated 24 May 2000, certified he had completed 14 years of professional ministry experience, in the United Methodist Church, for appointment in the Military Services. b. On 4 December 2000, he submitted an application for appointment as a USAR Reserve commissioned officer, in the rank of 1LT. c. The Total Army Personnel Command, St. Louis, MO, issued the following memoranda on/for: * 16 June 2001, corrected memorandum announcing his appointment in the USAR, Chaplain Corps, as a 1LT, with 3 years of service in an active status, with acceptance and effective dates of 28 June 2001 * 19 June 2001, memorandum announcing his appointment in the USAR, Chaplain Corps, as a 1LT, with zero years of service in an active status, with acceptance and effective dates of 28 June 2001 d. He was appointed in the USAR, Chaplain Corps, as a 1LT, on 28 June 2001 and executed a DA Form 71. e. He entered on active duty training (ADT) on 29 June 2002. He completed training and was awarded primary specialty 56A (Command Unit Chaplain). He was honorably released from ADT on 30 August 2002 and was transferred to a Reserve unit. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 2 months and 2 days of net active service. f. He was promoted to CPT, with an effective date and date of rank of 2 June 2004. g. His DD Form 2088 (Statement of Ecclesiastical Endorsement), dated 1 January 2015, certified he was credentialed and qualified for an appointment within the Military Chaplaincy. The form stated this was an updated endorsement for both Active Guard and Reserve and his original endorsement was 23 May [sic 24 May] 2000. h. The U. S. Army Human Resources Command, Fort Knox, KY, published the following orders on/for: * Number B-03-601314, 25 March 2016, announcing his promotion to lieutenant colonel, with an effective date and date of rank of 1 April 2016 * Number R-05-686463, 19 May 2016, ordering him to active duty in an Active Guard Reserve (AGR) status, with a report date of 1 August 2016; this order was amended on 20 May and 6 October 2016, to add his dependents and additional leave entitlements instructions i. He is currently service in an AGR status. 5. By regulations: a. Army Regulation (AR) 135-100 (Appointment of Commissioned and Warrant Officers of the Army), applicants for initial appointment must receive endorsement from an ecclesiastical endorsing agency recognized by the Armed Forces Chaplains Board. 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 would be the sum of the prior commissioned service allowed. Applicants without prior commissioned service would be credited with 3-years of service in an active status and appointed in the rank of 1LT. b. AR 15-185 (ABCMR), the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Each ABCMR case is unique. The Board makes decisions upon based upon the individual set of the circumstances, available evidence, and arguments presented. The ABCMR cases do not set precedent and each case is considered on its own merits. BOARD DISCUSSION: After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. One possible outcome was to deny relief based on the review and conclusion of the Human Resource Command advisory opinion. However, notwithstanding the advisory, two Board members concluded that it was more likely than not his promotion had been delayed due to unusual circumstances by no fault of his own. Based on the preponderance of the evidence available for review, the Board determined the evidence presented is sufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by showing he was promoted to the rank of Captain with an effective date of 28 June 2001 2. The Board further determined that the applicant is entitled to all back pay and allowances effective the date of promotion, the amount of which to be determined by the Defense Finance and Accounting Service. 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. REFERENCES: 1. Title 10, United States 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. 2. Army Regulation (AR) 135-100 (Appointment of Commissioned and Warrant Officers of the Army), in effect at the time, prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States and the U. S. Army Reserve. The regulation stated in: a. Chapter 3 – The special requirements and procedures for appointment of qualified members of the clergy for assignment as chaplain. (1) Applicants for initial appointment in ranks above second lieutenant and former officers without prior service as chaplains must possess a baccalaureate degree of not less than 120 semester hours and complete 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 led to ecclesiastical endorsement as a member of the clergy fully qualified to perform the ministering functions of a chaplain, at a graduate school. (2) Applicants for initial appointment must also receive endorsement from an ecclesiastical endorsing agency recognized by the Armed Forces Chaplains Board. In granting ecclesiastical endorsement, endorsing agents must use DD Form 2088 (Certificate of Ecclesiastical Endorsement), which certified the applicant was a fully qualified member of the clergy of a religious faith group represented by the certifying endorsing agency and was qualified spiritually, morally, intellectually, and emotionally to serve as a chaplain of the Army. (3) Entry grade and date of rank in commissioned officer grades would be determined by the entry grade credit awarded on appointment. The entry grade credit awarded would be the sum of the prior commissioned service allowed. That included the amount of constructive service credit allowed. A period of time would be counted only once when computing credit. Applicants without prior commissioned service would be credited with 3-years of service in an active status. They would be appointed in the rank of first lieutenant. Reserve Component commissioned officers would be ordered to active duty with assignment to the Chaplain Branch. Assignment would be in their Reserve grades unless a higher grade, below that rank of major was authorized. b. Table 1-2 (Grade on appointment) – Former officers with 7 years or more, but less than 14 years, of commissioned service credit will be appointed in the appointment grade of captain. c. Table 3-1 – A person who began commissioned service after obtaining the additional education, training, or experience required for appointment or assignment as a commissioned officer in a professional field would be awarded 3 years of constructive credit upon initial appointment and 1 additional year for 7 or more years of extensive practical experience in a ministry as documented on the DD Form 2088. d. Table 3-2 (Qualifying periods) – Commissioned service (other than as commissioned warrant officers) in an active status, but not on active duty, for persons appointed as Reserve commissioned officer would be credited with 1 year for each year served. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Each ABCMR case is unique. The Board makes decisions upon based upon the individual set of the circumstances, available evidence, and arguments presented. The ABCMR cases do not set precedent and each case is considered on its own merits. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007908 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1