IN THE CASE OF:	  

		BOARD DATE:	       16 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080008885 


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 that he be issued a Certificate of Release or Discharge from Active Duty (DD Form 214) to enable him to be reimbursed for his personally procured move (PPM), also known as a do-it-yourself (DITY) move, of his household goods (HHG) shipment from Fort Stewart, Georgia, to his home of record.

2.  The applicant states that in November 2005, while he was seeking employment on careerbuilder.com, he noted an advertisement for an Army chaplain.  He states that the information was vague concerning the obligations and focused on the benefits; therefore, he called the listed contact.  He states that he spoke with an individual (a chaplain) who provided details of the ministry within the Army chaplaincy.  He states that the numerous dialogues that he had with the chaplain did not reveal the entirety of the chaplaincy and Army life.  He states that the chaplain made several false and/or misleading statements to insure that he pursued the candidacy of becoming a chaplain.  The applicant goes on to provide a list of the “false and/or misleading statements” that he contends he was told by the chaplain.

3.  The applicant states that he and his family decided to pursue the chaplaincy.  He states that his background and education led him to desire and minister on post to those returning from a war zone and suffering from post traumatic stress disorder.  He states that he received orders to Chaplain Officer Basic Course (CHOBC) with “follow-on” orders to the 3rd Infantry Division, Fort Stewart.  He states that the orders authorized his HHG to be moved with his family relocating to the Fort Stewart area.  He states that relocating his family prior to attending the CHOBC was pursued upon the advice of another chaplain.  He states that relocating allowed his family to be within 2 hours of his training, which enabled him to visit his family on the weekends.  He states that he and his family spent a tremendous amount of money and effort in preparing for the relocation only to find out that upon completion of CHOBC, he would immediately deploy for 1 year, which placed him under tremendous stress.  He states that when he arrived at CHOBC, he was further notified of the realities that had been withheld from him during the recruiting process and he immediately notified the CHOBC’s course manager of his intent to withdraw from the course and the Army.  He states that his decision was based upon accurate information that he now received but had not been aware of prior to relocating his family.  The applicant states that while he was attempting to out-process and to return to his family, he was informed that since he had not taken his Oath of Office, his status was technically non-active; therefore, he was free to leave.  He states that he was told that he would have to absorb all costs related to relocating his family, travel, pay, uniforms and any other miscellaneous expenses.  He states that he had already resigned from his civilian employment based upon misleading information provided by the other chaplain.

4.  The applicant states that it has been almost 15 months since he left Fort Jackson and relocated his family back to his home of residence.  He states that he has been able to get reimbursed for his travel to Fort Jackson along with his temporary duty pay and Per Diem for his move; however, because he does not have separation orders, he has to absorb the cost of the DITY move.  He states that his family has endured great hardship with moving twice within a month and that he went 3 months attempting to reenter the civilian work force until he was able to secure gainful employment.  He states that the Department of the Defense insists that they are not liable for his family’s hardship.  He concludes by requesting that he be issued separation orders to authorize the Defense Finance and Accounting Service (DFAS) to reimburse him for the DITY move back to his home of residence.

5.  The applicant provides a copy of a Memorandum for Record from the chief, Officer Training Division, United States Army Chaplain Center and School (USACHCS), dated 9 January 2007; electronic mail (email) addressed to the applicant from a chaplain, dated 28 December 2005, providing information about his experiences; Orders A-11-628271, dated 9 November 2006, ordering him to active duty; Order 70-1-A-215, dated 8 November 2006, appointing him in the Regular Army; and a copy of an email from Wright-Patterson Air Force Base, Personal Property Shipping Office dated 16 November 2006.



CONSIDERATION OF EVIDENCE:

1.  The available records indicate that the applicant served on active duty as an enlisted member in the United States Air Force from 13 October 1988 through 2 June 1994.

2.  In an email, dated 28 December 2005, from an individual who the applicant identifies as the chaplain that made several false and/or misleading statements, the applicant was told of his experiences and responsibilities. 

3.  On 28 April 2006, the applicant submitted an application for appointment as a chaplain in the United States Army.  At the time that he completed his application he acknowledged that he understood that he must complete the CHOBC within 36 months from the date of his appointment or be subject to discharge in accordance with Army Regulation 135-175, for failure to complete a basic branch course.  He also acknowledged that he understood that if he was selected for appointment, he would be expected to accept such assignments as are in the best interest of the service regardless of his marital status and/or dependents and that it was his responsibility to make appropriate arrangements for the care of his dependents should he be required to perform duty in an area where dependents are not permitted.  In his Application for Active Duty dated 1 May 2006, he indicated that he would be immediately available to enter active duty upon receipt of orders.

4.  On 8 November 2006, orders were published by the Human Resources Command – Alexandria (HRC-Alex) which announced that the applicant was appointed as Regular Army first lieutenant in the Chaplain Corps under section 531, 532 and 533 Title 10, United States Code, effective 8 November 2006.  However, there is no evidence in the available records which shows that the applicant ever executed an Oath of Office.

5.  On 9 November 2006, orders were published that ordered the applicant to active duty in the rank of first lieutenant (O-2).  He was ordered to report to CHOBC on 7 January 2007 for a 90-day period and immediately thereafter, to report to the 3rd Infantry Division, Fort Stewart, Georgia, for a 3-year commitment, effective 9 April 2007, to fulfill his active duty requirement.  The applicant’s orders show that he was authorized travel by his privately owned vehicle and shipment of his HHG to his permanent change of station.  His orders also show that dependent travel was also authorized.  Additionally, his orders specified that he was to bring his original letter of commissioning and a copy of his oath of office.



6.  In an email dated 16 November 2006, the applicant was notified by the Wright-Patterson Air Force Base Personal Property Shipping Office that his personal property shipment had been booked with Midwest Moving/Packing Inc. and he was provided with pertinent information regarding his shipment.  The email shows that the destination of his shipment was Fort Stewart, Georgia.

7.  On 10 January 2007, the applicant was disenrolled as a CHOBC student.  According to the Memorandum of Record dated 9 January 2007, from the Chief, Officer Training Division, USACHCS, the applicant arrived at Fort Jackson for his CHOBC training 8 January 2007, and he informed the USACHCS staff that he no longer desired to become a chaplain in the United States Army.  The applicant was counseled; however, he maintained his decision to withdraw from the 
chaplaincy and school.  The memorandum reads that it was to serve in place of separation orders and authorized him to return to civilian life back to his home of record.

8.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It states, in pertinent part, a DD Form 214 will not be issued to members who are found disqualified on reporting for active duty and who do not enter actively upon duties per orders.  

9.  Department of the Army Pamphlet 55-2 (It's Your Move) provides, in pertinent part, guidance on PPMs.  It states that the PPM program is an alternate means of moving personal property.  The program allows a service member to personally move HHG and either be reimbursed up to the Government's cost or to collect an incentive payment from the government when they have orders for a permanent change of station, temporary duty, separation, retirement, or assignment to/from or between Government quarters.  Whether a privately owned vehicle/trailer, rental truck/trailer, a hired commercial carrier, Government HHG shipment, or a combination of the above options are used to perform a PPM, the PPM reimbursement is equal to 95 percent of the Government's constructed cost.  The Personal Property Office must provide counseling and prior approval for a PPM move.  Failing to comply with Service requirements of the program may limit payment or result in complete denial of a claim.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was disqualified for the issuance of a DD Form 214 as he did not enter active service per orders as required by Army Regulation 635-5.  




2.  The applicant’s contentions have been noted.  However, it was his decision not to complete the CHOBC and to begin his 3-year service obligation as he originally requested.  He has provided insufficient evidence to support his contention that he was given false and/or misleading information regarding his decision to accession to active duty for the chaplain ministry.

3.  He made a conscious decision to disenroll from the USACHCS and he was not ordered by the Army to do so.  When he decided to disenroll from the USACHCS he had no orders for a permanent change of station, temporary duty, separation, retirement, or assignment to/from or between Government quarters as required by Department of the Army Pamphlet 55-2.  It was his decision to move back to his home of record prior to fulfilling his agreement.  Therefore, he is not entitled to be reimbursed for his PPM.

4.  The applicant was authorized shipment of his HHG and dependents to his permanent change of station.  The fact that he decided to change his mind for reasons that cannot be substantiated at this time is not a basis for reimbursing him for his PPM. 

5.  Until such time as the applicant took his oath of office, the applicant was not officially a Regular Army officer and could not be required to fulfill any obligations.  Accordingly, the Army allowed him to back out of the agreement he initially agreed to and to return back to civilian life.  In doing so, the Army no longer had an obligation or authority to commit further funds to no end.  The Army had exercised good faith when it allowed the applicant to use travel and transportation allowances before it had an oath of office in hand.  

6.  While the applicant may not have been satisfied with the fact that his unit was going to deploy to Iraq shortly after he completed CHOBC and that he would be separated from his family for 15 months, the applicant had previously acknowledged that he understood that he would be expected to accept such assignments.  

7. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

8.  In view of the foregoing, there is no basis for granting the applicant's request.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___        XXX                ___
                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.

ABCMR Record of Proceedings (cont)                                         AR20080008885



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ABCMR Record of Proceedings (cont)                                         AR20080008885



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