IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20110016069
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 correction of his military records by showing that his contract was honored and that a control number had been obtained for his Chaplain Loan Repayment Program Addendum (CHLRP). He further requests payment that was due on 24 November 2010.
2. The applicant states he completed all of the documentation with the recruiter on the day he was sworn in as a chaplain. He and the recruiter walked to the incentives office where the personnel there assisted him with signing the written CHLRP agreement and initialing as required. He was provided a copy and the incentives office kept a copy. He was unaware about the control number at the bottom of the agreement and did not know to request this number before leaving the office. He did everything in good faith but the incentives office failed to fulfill their responsibilities.
3. The applicant provides copies of:
* Orders 328-244, Joint Force Headquarters, dated 24 November 2009
* Orders 334-044, Joint Force Headquarters, dated 30 November 2009
* Written Agreement, CHLRP, initialed and signed, but undated
* Request for exception to policy for the CHLRP, dated 23 February 2011
* Request for Exception to Policy for Student Loan Repayment, dated
1 March 2011
* Request for Exception to Policy for Manual Control Number of CHLRP, dated 31 May 2011
* Memorandum for Missouri Army National Guard, Exception to Policy for CHLRP Manual Control Number, dated 2 June 2011
* Memorandum for Record, Recruiting and Retention Specialist, dated 21 July 2011
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as a captain, pay grade O-3, Chaplain branch, in the Missouri Army National Guard (MOARNG).
2. Effective 24 November 2009, the applicant was appointed as a Chaplain and assigned for duty with the MOARNG. In conjunction with this appointment, he initialed and signed a CHLRP. He acknowledged in this agreement that his eligibility under this program would terminate if he accepted a military technician position in a Reserve unit.
3. On 23 February 2011, the applicant requested an exception to policy in regard to his CHLRP. In his request he stated that it was November 2010 when he found out about the problem with the control number not being entered on his contract. He also stated that the matter was further complicated because he had been hired as a military technician. His chain of command recommended approval of his request for an exception to policy, but in June 2011 the Chief, Education, Incentives and Employment Division, National Guard Bureau (NGB), determined that his request could not be approved because it was received too late.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB. The opinion states that the manual control number had been approved; but, because he had accepted a military technician position within a year of the CHLRP he was rendered ineligible to receive payment as defined in his agreement.
5. On 20 June 2012, a copy of the advisory opinion was sent to the applicant for his information and opportunity to respond. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that his contract was honored and that a control number had been obtained for his CHLRP, and that he be paid as was due on 24 November 2010.
2. The available evidence clearly shows that the applicant accepted a military technician position which made him ineligible to receive the CHLRP as agreed to in his contract.
3. There is no error or injustice in this case. Therefore, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ___x____ 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.
_______ _ __x_____ ___
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) AR20110016069
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ABCMR Record of Proceedings (cont) AR20110016069
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