IN THE CASE OF: BOARD DATE: 18 November 2022 DOCKET NUMBER: AR20220002315 APPLICANT REQUESTS: to adjust his accession date of rank (DOR) to the rank/grade of captain (CPT)/O-3 based on his accession date of 21 January 2021. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •Secretary of Defense letterhead appointing the applicant in the Regular Army(RA) as a Chaplain (unsigned) •Chaplain Basic Officer Leader Course (CHBOLC) diploma, 22 April 2021 •Email, 7 May 2021 •Email, 11 May 2021 •Email, 2-17 August 2021 FACTS: 1.The applicant states: a.This submission is to respectfully request a DOR adjustment to CPT based on hisaccessions date of 21 January 2021. As a chaplain meeting the Army requirements for direct commission to CPT his initial scrolling process was incorrect; however, while attending CHBOLC it was resubmitted for correction and came back approved after checking into his first unit. The U.S. Army Human Resources Command (HRC) confirmed that he would need to submit a record correction to the Army Review Boards Agency because an amendment of orders could not be processed on their end. Attached the Board will find supporting emails/timeline and scroll correction. b.The error was caused based on miscommunication between the recruiting andaccessions processes. After correction was made through the scrolling process orders had already been executed and HRC was unable to amend. 2.Having had prior enlisted service in the U.S. Marine Corp, DA Form 61 (Applicationfor Appointment) shows the applicant applied for appointment as a RA commissionedofficer Chaplain on 28 January 2019. It also shows the applicant was awarded a Masterof Divinity Degree on or about 5 August 2012. 3.On 14 May 2020, DA Form 2088 (Statement of Ecclesiastical Endorsement) showsthe applicant was credentialed and qualified for an appointment within the militaryChaplaincy in accordance with the standards contained in Department of DefenseInstruction (DODI) 1304.28 (The Appointment and Service of Chaplains). In pertinentpart, it also shows he had 10 years of professional ministry experience completed; hissource of ordination/professional credentials was listed as "Seventh-Day AdventistChurch Ministerial Credential" and the date of ordination/professional credentials was30 July 2009. 4.On 14 January 2021, HRC issued Orders Number A-01-100027, ordering theapplicant to active duty in the rank/grade of first lieutenant (1LT)/O-2 to attend CHOBLCwith a temporary duty report date of 21 January 2021, and a report date of 30 April 2021to his unit at Fort Bliss, TX. Additional instructions stated, in pertinent part, his pay entrybasic date (PEBD) and DOR "to be adjusted" and the applicant was to be appointed inthe grade of 1LT with DOR 18 months prior to date of entry on active duty. Constructivecredit shows 3 years and the applicant had been given grade constructive credit inaccordance with DODI 1312.03 (Entry Grade Credit for Commissioned Officers andWarrant Officers) dated 6 October 2006. The applicant's Reserve DOR was listed as 21 July 2019 and PEBD: 21 January 2021. 5.On 22 April 2021, DA Form 1059 (Service School Academic Evaluation Report)shows the applicant completed CHOBLC. The duration of the course was from19 February 2021 to 22 April 2021. 6.On 30 April 2021, HRC issued Orders Number 120-001, affecting the applicant'spromotion status and shows his rank as 1LT with an active DOR of 21 July 2019. 7.On 17 December 2021, HRC issued Orders Number 352-001, promoting theapplicant to the rank of CPT, effective on with a DOR of 4 January 2022. 8.The applicant provides: a.Secretary of Defense letterhead (unsinged and undated) appointing him to therank of CPT in the RA as a Chaplain under Title 10, United States Code (USC), Sections 531 and 7064. b.CHOBLC graduation diploma dated 22 April 2021. c.Email dated 7 May 2021, wherein, the applicant and accessions officer discusshis PEBD and active DOR issues. The accessions officer stated the scroll came back approved and Mr. was working the new appointment letter and probably the amended order, and from there the applicant could rank adjudicate to CPT. d.Email dated 11 May 2021 showing the applicant and Office of the Chief ofChaplains (OCCH), Human Resources Specialist discussed finalizing his rank correction to CPT based on the re-scroll being approved. The Human Resources Specialist acknowledged receipt of the request to correct his rank and DOR to CPT. She informed the applicant that an amendment would have to go through a different channel to get the orders published. e.Email dated 2-17 August 2021 showing the applicant's DOR to CPT wasdiscussed with his Brigade S1, Accessions Officer, and OCCH, Personnel Actions Officer. It also shows a timeline of events and states the corrected appointment scroll (the document supplied that is in question) was submitted and approved after the individual had reported onto active duty thus is not viable. The correction of rank to CPT needs to be conducted through the Army Review Boards Agency. 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, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the applicant should have been accessed as a CPT and the DOR should be adjusted. 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 a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was accessed at the rank and grade of CPT/O-3 on 21 January 2021, instead of 1LT, and paying him back pay and entitlements because of this correction. 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.Department of Defense Instruction (DODI) 1304.28 (The Appointment and Service ofChaplains) assigns responsibilities and identifies education and ecclesiasticalrequirements for appointing chaplains in the Military Departments. In pertinent part, itstates, applicants will be appointed as chaplains in accordance with Sections 531 and12203 of Title 10, USC, and DoDI 1310.02. Applicants will be awarded entry gradecredit in accordance with Sections 533 and 12207 of Title 10, USC, and DoDI 1312.03. 2.DODI 1312.03 (Entry Grade Credit for Commissioned Officers and Warrant Officers)dated 6 October 2006, prescribes the amount of entry grade credit (EGC) awarded toany person appointed, assigned, or designated as a commissioned officer will beequitably determined. The award of entry grade credit will be used to establish anappropriate original appointment grade and DOR relative to other officers in the samecompetitive category receiving an original appointment in accordance with DODI1310.02 (Original Appointment of Officers). In pertinent part, it states, for Chaplain'sentry grade for appointment designation or assignment shall not exceed 3 years. Sevenor more years of extensive practical experience in a ministry shall not exceed 1 year.Unusual cases involving special experience or unique qualifications as determined bythe Secretary of the Military Department concerned shall not exceed one-half year foreach year up to 3 years of credit. a. Paragraph 6.1.3. (Maximum Entry Grade Credit) provides that, the total entry grade credit granted, except for a health professional officer, shall be no more than that required for the person to receive an entry grade of major or lieutenant commander. b. Paragraph 6.2.1. (Entry Grade) provides that, a person granted service credit under this Instruction and placed on the Active Duty List or Reserve Active List of a Military Service may have an entry grade determined by comparing entry grade credit with the appropriate promotion phase points of the Military Service and officer category concerned. Except as limited by paragraph 6.1.3., credit granted that exceeds that amount used to establish the entry grade shall be used to adjust the DOR. Reserve component officers shall be ordered to active duty in their Reserve grades. 3. Title 10, USC, Section 531(c) – Original appointments of commissioned officers provides that, subject to the authority, direction, and control of the President, an original appointment as a commissioned officer in the Regular Army may be made by the Secretary of Defense in the case of a reserve commissioned officer upon the transfer of such officer from the reserve active-status list of a reserve component of the armed forces to the active-duty list of an armed force, notwithstanding the requirements of subsection (a). 4. Army Regulation (AR) 600-8-29 (Officer Promotions) prescribes the officer promotion function of military human resources (HR) support operations. It is linked to AR 600–8 and provides principles of support, standards of service, policies, tasks, rules, and steps governing all work required in the field to support Active Component officer promotions. Paragraph 4–8 (Grade and active date of rank (ADOR) of Army chaplains upon placement on the active duty list (ADL)) states: a. Except as specified in paragraph 4–8c, chaplains will be placed on the ADL in their current grade. b. The ADOR for chaplains will be established as follows: (1) For chaplains appointed to the grade of 1LT who were awarded entry grade credit (EGC) at the time of their most recent original appointment, the ADOR will be their date of placement on the ADL backdated by either 18 months or by the period by which the EGC awarded exceeds the minimum required for promotion to 1LT under Title 10, USC, section 619, whichever is less. (2) For chaplains other than those described in paragraph 4–8b(1), the ADOR will be determined by the entry grade and credit awarded upon appointment. c. Chaplains in the grade of 1LT who received EGC that included constructive service credit in categories two and/or three under AR 135–100 at the time of their most recent original appointment may be tendered a new original appointment in a higher grade, not above MAJ, upon placement on the ADL if the total period of all EGC awarded exceeds the promotion phase point to the higher grade in the chaplain competitive category. d. The ADOR of a Regular Army (RA) and/or Other Than Regular Army OTRA chaplain placed on the ADL in a higher grade under paragraph 4–8c, will be the date of placement on the ADL in that higher grade. 5. AR 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers of the Army National Guard of the United States and United States Army Reserve. Section III (Appointment of Chaplains), paragraph 3-6 states, in pertinent part, applicants for initial appointment in ranks above second lieutenant and former officers without prior service as chaplains must meet the education and Ecclesiastical endorsement criteria. a. Paragraph 3-7 (Appointment grade and date of rank) states, in pertinent part, 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. 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 service in an active status. (b) Reserve Component commissioned officers will be ordered to active duty with assignment to the Chaplain Branch. Assignment will be in their Reserve grades unless a higher grade, below the rank of major is authorized. b. Paragraph 3-7a(3), constructive service credit, states, 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: (1) Count a period of constructive service only once. (2) Do not count periods of time spent in an active status as a commissioned officer or on active duty. (3) Credit qualifying periods of less than 1 full year proportionately. (4) The number of years creditable as constructive service credit may not exceed the following shown in Table 3-1 (Creditable service credit): • Category 1: Entry grade for appointment or assignment - Credit: 3 years • Category 2: 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 3: 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 c. Maximum entry grade credit. Total entry grade credit granted will not exceed that which the person needs to receive an entry grade of major. Date of rank. (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 AR 600–20 (Army Command Policy), Chapter 6. //NOTHING FOLLOWS//