IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220003264 APPLICANT REQUESTS: correction of his rank/pay grade at commissioning from first lieutenant (1LT)/O-2 to captain (CPT)/O-3. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Papal Academy of Theology of Krakow diploma, 1 July 2001 * University of Notre Dame letter, 17 October 2013 * Washington Theological Union letter, 21 October 2013 * Saint Mary Seminary letter, 25 October 2013 * Office of the Chief of Chaplains Memorandum, Subject: Army National Guard (ARNG) Chaplain Application Packet, 20 November 2013 * National Guard Burea (NGB) Form 62E (Application for Federal Recognition as an ARNG Officers or Warrant Officer and Appointment as a Reserve Commissioned Officer or Warrant Officer of the Army in the ARNG of the United States), 27 November 2013 * NGB Memorandum, Subject: Eligibility for Federal Recognition as a Chaplain, 2 December 2013 * unknown document, 30 December 2013 * DD Form 2088 (Statement of Ecclesiastical Endorsement), 15 March 2016 * letter, 18 January 2017 * Email correspondence, Subject: Constructive Service Credit (CSC) Incident 220210-000104, 10 February 2022 * Officer Career Brief, 14 February 2022 * DACH CCW (Chaplain Corp Constructive Credit Worksheet), undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b) [10 USC 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. He is currently an active duty U.S. Air Force Chaplain and recently discovered that he was scrolled incorrectly and he lost 2 years in rank. On 20 November 2013, the Chaplain Accession Board stated he was professionally qualified to enter the military in the rank of CPT/O-3; however, his recruiter informed him that he had to accept the rank of 1LT. b. After discovering that he was scrolled incorrectly, he contacted the Chaplain Accession Board and the Total Force Service Center to correct the issue. He was informed that he met the criteria to access as a CPT since he had a professional degree and over 7 years of professional experience. The Constructive Credit office believes the Army National Guard scrolled him incorrectly. 3. The applicant's service record shows: a. On 11 December 2013, the applicant was appointed as a Reserve commissioned officer in the rank/grade of 1LT/O-2. b. Orders Number 163-1029 issued by the Department of Military Affairs, State of Illinois, dated 12 Jun 2015, promoted the applicant to the rank/grade of CPT/O-3. c. NGB Memorandum, Subject: Promotion as a Reserve Commissioned Officer of the Army, dated 13 January 2016, promoted the applicant to CPT, effective 28 December 2015. d. NGB Form 22 (Report of Separation and Record of Service), ending on 15 September 2016, shows the applicant was honorably released from the Illinois Army National Guard. (1) Item 4 (Date of Enlistment) – 11 December 2013. (2) Item 5a (Rank) – CPT. (3) Item 5b (Pay Grade) – O-3. (4) Item 6 (Date of Rank) – 28 December 2015. (5) Item 10(a) (Net Service This Period) – 2 years, 9 months, and 5 days. 4. The applicant provides: a. Papal Academy of Theology of Krakow licentiate diploma, dated 1 July 2001, showing the applicant completed studies required for a degree in Sacred Theology. b. University of Notre Dame letter, dated 17 October 2013, confirmed the applicant's European degrees from the Major Seminary in Krakow and the Papal Academy of Theology were equivalent to a Bachelor's and Master's degree in the U.S. academic system. His licentiate was equivalent to a Master of Divinity degree. c. Washington Theological Union letter, dated 21 October 2013, confirmed the applicant's degrees earned from the Major Franciscan Seminary in Krakow, Poland and the Papal Academy of Theology in Poland met the equivalency of a Bachelor's and Master's degree recognized in the U.S. academic system. The applicant's licentiate in Sacred Theology provided verification of academic achievement. d. Saint Mary Seminary letter, dated 25 October 2013, confirmed the applicant's degree from the Major Seminary of the Franciscan Fathers in Krakow equates to the Master of Divinity degree offered at Saint Mary's. e. Office of the Chief of Chaplains Memorandum, Subject: ARNG Chaplain Application Packet, dated 20 November 2013, shows the applicant was qualified for Federal Recognition as a Chaplain in the Army National Guard in the rank of CPT. f. NGB Form 62E, dated 27 November 2013, showing the applicant applied for Federal Recognition and appointment as a Reserve Officer as a 1LT in the area of concentration (AOC) 56A (Chaplain). g. NGB Memorandum, Subject: Eligibility for Federal Recognition as a Chaplain, dated 2 December 2013, qualified the applicant for Federal Recognition by the Chief of the Chaplains Board on 13 November 2013. Pursuant to Title 10, USC, section 12207 and Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army), he was eligible for appointment to 1LT with 2 years time-in grade. h. Unknown document, dated 30 December 2013, showing: * Ready Reserve Obligation Date – 31 January 2034 * Pay Entry Basic Date – 11 December 2013 * Expiration Statutory Military Obligation Date – 10 December 2021 * Commissioned/Warrant Officer Service Date – 11 December 2013 * Rank – 1LT * Date of Rank – 11 December 2011 (2 years time-in grade according to the NGB i. DD Form 2088 dated 15 March 2016, in which the Roman Catholic Church verified that the applicant was credentialed and qualified for appointment within the military chaplaincy. His date of ordination was 27 May 2000, and he had 15 years of professional ministry experience. j. letter, dated 18 January 2017, certified that the applicant was ordained by the Holy Roman Catholic Church in Krakow, Poland on 27 May 2000. k. Email correspondence, Subject: Constructive Service Credit Incident 220210- 000104, dated 10 February 2022, regarding the applicant's rank at accession into the ARNG. l. Officer Career Brief, dated 14 February 2022, shows in: (1) Grade Data: * Current Grade – CPT * Date of Rank – 12 June 2015 (2) Service Data: * Total Active Federal Commissioned Service Date – 26 May 2016 * Total Federal Commissioned Service to Date – 11 December 2013 * Total Active Federal Military Service Date – 26 May 2016 * Date of Separation – 31 January 2036 * Pay Date – 11 December 2013 (3) Career Field Experience – Chaplain, 52R (4) Degree History – Awarded Baccalaureate degree and Master's degree in Religion/Theology on 18 May 2000. m. DACH CCW, undated, is blank except for: * Item 4b (Professional Education Credit) – 3 years, 0 months, and 0 days * Item 4c (Applicant has 7 years full time professional work experience as a religious leader in their faith group listed on the DD 2088 and chronological worksheet after the completion of their culminating graduate level degree) – Yes 5. In the processing of this case, an advisory opinion was obtained from the NGB, Chief, Personnel Policy Branch, on 18 August 2022. The advisory official recommended approval of the applicant's request to adjust his Chaplain accession Date of Rank and appointment from 1LT to CPT. It states in pertinent part: a. The applicant believed he was professionally qualified to enter the military at the rank of CPT but had to accept appointment at the rank of 1LT due to administrative errors and oversights. The Chaplain Corp Constructive Credit Worksheet states he entered from civilian status with pastoral experience post seminary graduation which equates to an appointment in the grade/rank of O-3/CPT with an entry time-in grade of 0 years, 0 months, and 0 days. His chaplain application packet was reviewed by thew U.S. Army Director, Human Resources and Ecclesiastical Relations and a determination published on 20 November 2013. b. On 2 December 2013, the applicant was notified of his eligibility for Federal Recognition as a Chaplain in the rank of CPT and of his eligibility for appointment to 1LT with two years time-in grade. c. Title 10, USC, section 12207, section b(1)(a) authorizes credit with constructive service for such education, training or experience as follows: "One year for each year of advanced education beyond baccalaureate level, for persons appointed or designated in or assigned to, officer categories requiring such advanced education or an advanced degree as a prerequisite for such appointment, designation, or assignment. In determining the number of years of constructive service to be credited to officers in any professional field, the Secretary concerned shall credit an officer with, but with not more than, the number of years of advanced education required by a majority of institutions that award degrees in that professional field for completion of the advanced education or award of the advanced degree. d. Department of the Army Pamphlet 165-17 (Chaplain Personnel Management), Paragraph 2-13(b)1 states that AR 135-100 delineates the policy for appointment of commissioned officers in the Reserve Component. Officers with prior commissioned service credit of three years or more, but less than years are appointed as a 1LT. Officers with commissioned service credit of seven years or more, but less than 14, are appointed in the grade of CPT. e. A comprehensive review of the applicant's accession records conducted by the Illinois Army National Guard found that he did have 12 years of professional ministry experience completed as of 24 April 2012. f. It is the opinion of this office that the applicant should have been appointed as a CPT in the Illinois Army National Guard with a Date of Rank commiserate with his appointment on 11 December 2013. The opinion was coordinated with the Illinois Army National Guard and the Army National Guard Chaplain's Office. 6. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. He concurred with the findings. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the National Guard Bureau (NGB) advisory, the Board concurred with the advising official findings the applicant did have 12 years of professional ministry experience completed as of April 2012. Based upon the preponderance of the evidence provided, this Board agreed the authority to promote service members exceeds their authority, however, authority to remedy errors or injustices in reference to dates of rank and effective dates of rank for pay and allowances affecting promotions is given to the Service Secretaries. As such, the ABCMR possesses the authority to adjust the effective date of rank/promotion in this case. The Board agreed that there was sufficient documentation to grant relief and amend the effective date of rank to CPT to 11 December 2013. 2. The effective date of promotion is established under law by Title 10, U.S. Code and is approved by the SECDEF. This Board, acting under the authority of the Secretary of the Army, does not have the authority to change the effective date. However, for administrative purposes, such as time in grade for promotion consideration, this Board may adjust an officer's DOR. Such an adjustment does not affect the effective date of promotion for the purpose of pay and allowances. 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 adjusting the applicant’s date of rank to CPT effective 11 December 2013. 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, USC, 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 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. Department of Defense Instruction 1312.03 (Entry Grade Credit for Commissioned Officers and Warrant Officers) provided policy, assigned responsibility, and detailed procedures governing the award of entry grade credit to persons receiving original appointments as regular or reserve commissioned officers or warrant officers. a. The amount of entry grade credit awarded to any person appointed, assigned, or designated as a commissioned officer will be equitably determined. b. The award of entry grade credit will be used to establish an appropriate original appointment grade and date of rank relative to other officers in the same competitive category receiving an original appointment. c. Graduates of the Service academies and Reserve Officers' Training Corps are not entitled to receive entry grade credit for service performed or education, training, or experience obtained before graduation. d. Constructive service credit is awarded when commissioned service begins after the additional education, training, or experience required for appointment, designation, or assignment in a professional specialty or a specifically designated field is obtained. Constructive service credit provides a person the grade and date of rank comparable to a contemporary who began commissioned service immediately after obtaining a baccalaureate degree. Constructive service credit will only be used to determine initial grade, rank in grade, and service in grade for promotion eligibility. Constructive service credit awarded under this paragraph will be determined in accordance with these guidelines: (1) One-year of constructive service credit will be awarded for each year of graduate level education to persons appointed, designated, or assigned in an officer category that requires such advanced education or an advanced degree as a prerequisite for appointment. The amount of credit awarded will not exceed the number of years the majority of institutions that award degrees in that field require for completion of the advanced education or award of the advanced degree. (2) Additional day-for-day credit not to exceed 1 year may be awarded for internships or equivalent graduate-level formal professional training required by the Military Service concerned for the professional specialty in which the person is being appointed, designated, or assigned. (3) Additional day-for-day credit not to exceed 1 year may be awarded for each additional year of graduate-level training or experience required for certification in a specialty required by the Military Service concerned. (4) Additional credit for special training or experience in a particular officer career field as designated by the Secretaries of the Military Departments, if such training or experience is directly related to the operational needs of the officer's Military Service. (5) A period of time will be counted only once when calculating constructive service credit. (6) Qualifying periods of less than 1 year will be proportionally credited. (7) Creditable experience cannot predate the receipt of a degree or certificate; experience gained in a volunteer or student status will not be credited. 3. AR 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes policy and procedures for the appointment of commissioned and warrant officers in the Army National Guard of the United States (ARNGUS) and the United States Army Reserve (USAR). a. Paragraph 1-9 (Grade on appointment), table 1-2 provides commissioned service credit of 7 years or more, but less than 14, the appointment rank will be CPT. b. Paragraph 3-7 (Chaplains) 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 will be the sum of the prior commissioned service allowed. This includes the amount of constructive service credit allowed. Constructive service credit. The purpose of constructive service credit is to provide grade and date of rank 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: * Entry grade for appointment or assignment, credit 3 years * Seven or more years of extensive practical experience in a ministry documented on DD Form 2088 submitted by the individual's Ecclesiastical Endorsing Agency, credit one year c. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003264 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1