IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140009609 


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 he be allowed to retain his Chaplain Loan Repayment Program (CLRP) incentive. 

2.  The applicant states two issues have put the CLRP Addendum he signed in jeopardy:

* his bonus addendum is signed but not dated by all concerned
* he transferred from the New Hampshire Army National Guard (NHARNG) to the Maine Army National Guard (MEARNG) 2 years into his 3-year incentive bonus contract with the NHARNG

3.  He states he initialed and signed the addendum on 31 March 2011 and statements he has provided support this fact.

4.  After being unable to find employment in New Hampshire he contacted the church where he is presently employed in Maine.  He contacted the NHARNG and was informed that the MEARNG had open chaplain slots needing to be filled. Major (MAJ) V, NHARNG Chaplain, advised him if he accepted the civilian position in Maine, it would be in the best interest of the ARNG that he transfer to the MEARNG.  

5.  He made inquiries as to how the interstate transfer (IST) would affect his CLRP.  He did not get an official answer.  He assumed that since the incentive bonus funds come from the National Guard Bureau (NGB) that chaplains in other states were getting CLRPs.  Since the MEARNG was in need of multiple chaplains, he believed his incentive bonus would be safe.

6.  His transfer order states the gaining unit was responsible for administration of current incentives and did not say that incentives would be terminated.  The MEARNG unit he transferred into is able to participate in the CLRP incentive.

7.  The applicant provides:

* NGB 337 (Oaths of Office)
* CLRP Addendum
* orders for Federal recognition
* a memorandum, dated 3 October 2012, from the Army Medical Department (AMEDD) recruiter technician, NHARNG
* his request for an exemption to policy (ETP), dated 11 October 2012
* DA Form 1059 (Service School Academic Evaluation Report), dated 
19 August 2011
* a request for ETP, dated 18 October 2012, from NHARNG, G1
* State of New Hampshire, Adjutant General, Orders 148-006, dated 
28 May 2013
* his memorandum, dated 25 September 2013
* a request for ETP, dated 31 December 2013, from the Deputy Chief of Staff, Personnel, MEARNG
* a memorandum, dated 2 May 2014, from NGB
* college transcripts
* National Student Loan Data System aid summary

CONSIDERATION OF EVIDENCE:

1.  On 31 March 2011, he was commissioned a first lieutenant in the Chaplain Corps in the NHARNG.  On 27 October 2011, he received Federal recognition.

2.  He initialed and signed a CLRP Addendum agreeing to serve in the ARNG for 3 years.  The CLRP Addendum was signed by the applicant, service representative, and a witnessing officer.  However, none of the signatures were dated. 

	a.  The total amount to be repaid on all loans on his behalf under the agreement for this incentive was not to exceed a combined total of $20,000.  The addendum contains the CLRP Bonus Control Number (BCN) S11030004NH.

	b.  Repayment of loans under this program were to be made after each year of satisfactory service performed as a chaplain commissioned officer in the ARNG, beginning with the date of the signing of the contractual agreement.

	c.  Eligibility under the program continued unless he voluntarily moved to a non-bonus skill, unit or grade, unless the move was required by the ARNG.

3.  A memorandum, dated 3 October 2012, stated that on 31 March 2011 the AMEDD recruiter technician at Recruiting and Retention Command, NHARNG escorted the applicant to the Chaplain's office where he initialed and signed his addendum along with the service representative and witness.  She scanned in the addendum for proper distribution on 31 March 2011.

4.  In a memorandum dated 11 October 2012, the applicant requested an ETP from the NHARNG due to the signatures on his CLRP Addendum not being dated.

5.  A memorandum dated 18 October 2012 to NGB from the NHARNG, G1 requested an ETP on behalf of the applicant for the CLRP.  The applicant signed the CLRP Addendum on 31 March 2011, the day of his commissioning, and two other chaplains verified his signature on the same date.  However, no one dated the addendum.  The addendum was scanned onto a computer the same day in order to facilitate its upload in the Information Management Reporting Center (iMarc).  The request for an ETP was to allow the applicant to receive his first annual installment of CLRP, equal to $6,666.66, and to continue receiving his incentive for a total of 3 years ($20,000 total).

6.  On 21 May 2013, he was transferred from the NHARNG to the MEARNG in area of concentration (AOC) 56A (Command and Unit Chaplain).  The orders stated the gaining unit was responsible for the administration of the bonus program.

7.  In a memorandum, dated 25 September 2013, the applicant requested authorization for his participation in the $20,000 CLRP which was part of what incentivized him to join the NHARNG on 31 March 2011.  He stated:

	a.  Staff Sergeant N, Incentive Program, MEARNG, stated that Section IV 1.d of his CLRP (which states his eligibility may not continue under the program if he voluntarily moved to a non-bonus unit) was now an issue with his CLRP.

	b.  He moved from the NHARNG to the MEARNG due to finding full-time employment in Maine.  MAJ V advised him that by moving to ME he should also move to the MEARNG.  
	c.  He sought an answer to the question of losing his CLRP incentive with his IST.  He did not get a response.  He believed that since the MEARNG only had 
2 chaplains and at least 5 slots to fill, they would be in a position to honor the last year of his CLRP.  In addition, he was hoping the MEARNG would do a more proficient job in the acquisition of his first 2 repayments (31 March 2012 and 
31 March 2013), which the NHARNG was finding very difficult to follow through on.

	d.  He would not have taken the new job and moved to Maine if he knew that it was going to cost him some or all of his CLRP.  

8.  In a memorandum, dated 31 December 2013, the Deputy Chief of Staff, Personnel, MEARNG, requested an ETP to allow the applicant to retain his CLRP due to administrative errors on his contract and UIC change.  

	a.  When completing the CLRP Addendum the service representative, witnessing officer, and the applicant failed to date their signatures.  In addition, an incorrect BCN was issued.  The addendum had a Student LRP BCN rather than a CLRP BCN.  These were administrative oversights made by the Officer Strength Manager and no fault of the applicant.

	b.  When the applicant ISTed to the MEARNG from the NHARNG he was informed by the NHARNG that living in Maine due to a civilian employment opportunity would be too far to adequately serve as a chaplain in the NHARNG and that the MEARNG had only 2 chaplains and had 5 open slots.  He was not counseled by the NHARNG that an IST could result in possible termination of his CLRP incentive.  The applicant was led to believe that the MEARNG would resume his incentive and that the IST had no impact on his CLRP.  If he was informed correctly he would have remained in the NHARNG for his full contract.

	c.  Due to administrative errors and miscommunication, the Deputy Chief of Staff endorses the applicant's request for an ETP to retain his CLRP incentive.

9.  On 2 May 2014, NGB denied the applicant's request for an ETP due to his contract/bonus addendum contained missing signature dates from the applicant, service representative, and witnessing official.  The applicant's contracted AOC was 56A and his current AOC is 56A.

10.  In the processing of this case an advisory opinion, dated 1 July 2014, was obtained from NGB.  NGB recommended approval for payment of the CLRP incentive that was terminated due to the contract addendum not being dated, the wrong type of BCN being assigned, and his IST during the contract period.

	a.  The issue of the contract addendum not being dated should not prevent payment of the incentive.  This administrative oversight was not the fault of the applicant and should not result in CLRP termination.  The addendum was signed at the time of the contract and the recruiting official provided a statement supporting this claim.

	b.  The BCN shown on the addendum was for a different type of loan repayment incentive.  This error was no fault of the applicant and the document should be corrected with a valid BCN.

	c.  The applicant moved from the NHARNG to the MEARNG approximately 
2 years into his 3-year incentive contract.  He stated he inquired to the NHARNG about the effect such a move would have on his CLRP incentive but was not given an answer and therefore assumed it would be unaffected because the MEARNG was under-strength on chaplains at the time.

		(1)  Paragraph 1-10c(1) of National Guard Regulation 600-7 states a Soldier can IST and remain eligible for their bonus, provided they remain in the same AOC.

		(2)  The applicant's contract addendum states he cannot voluntarily move to a non-bonus skill, unit, or grade.  He transferred to a bonus-eligible position and unit in the appropriate grade.

11.  He was provided a copy of the above advisory opinion; however, he did not provide a rebuttal or additional statements.

12.  Title 10, U.S. Code, section 16303 is the statutory authority for loan repayment program for chaplains serving in the Selected Reserve.  It states for purposes of maintaining adequate numbers of chaplains in the Selected Reserve, the Secretary concerned may repay a loan that was obtained by a person who:

	a.  satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations;

	b.  holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and

	c.  signs a written agreement with the Secretary concerned to serve not less than 3 years in the Selected Reserve.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he initialed and signed a CLRP Addendum on the date he was commissioned in the Chaplain Corps on 31 March 2011.  A recruiter technician stated she was present when the applicant, service representative, and witnessing officer signed the CLRP Addendum on 31 March 2011.  She also stated she scanned in the document for proper distribution on 31 March 2011.  The Deputy Chief of Staff, MEARNG stated the addendum contained an incorrect BCN.  There is sufficient evidence to show his intent was to receive this incentive.  He acted in good faith and continues to fulfill the requirements of his contractual agreement.  He should not be penalized due to the errors committed by his accession officials.  

2.  In view of the above, his records should be corrected to show his CLRP Addendum was signed by him, the service representative, and witnessing official on 31 March 2011 and that a valid BCN was issued.

3.  His CLRP Addendum stated his CLRP would be terminated if he voluntarily moved to a non-bonus skill, unit, or grade.  His contracted AOC was 56A and when he transferred to the MEARNG he was placed in an AOC 56A position.  Therefore, his IST to the MEARNG does not terminate his CLRP Addendum.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the State 






Army National Guard records and the Department of the Army records of the individual concerned be corrected by: 

	a.  showing that his executed CLRP Addendum was signed by him, the service representative, and witnessing officer on 31 March 2011 and assigned a valid BCN on that date; and

	b.  paying any CLRP payments due as a result of this correction.



      _______ _   _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)                                         AR20140009609



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ABCMR Record of Proceedings (cont)                                         AR20140009609



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