IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20140009759 


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 reinstatement of his Chaplain Loan Repayment Program (CLRP) incentive in the North Carolina Army National Guard (NCARNG).

2.  The applicant states 

	a.  Upon accessing into the NCARNG as a chaplain, he requested that he be considered for the CLRP.  The recruiter asked for guidance on how to accomplish the task from his State Incentive Manager.  He was told that the contract needed to be initiated prior to him (the applicant) joining for it to be valid. Therefore, on 16 October 2012, his recruiter had him sign the CLRP Agreement and he obtained the control number for the incentive.  He was then sworn in as a Chaplain on 17 October 2012.  When he tried to receive his payments for this incentive he was then told by the State Incentive Managers Office that his Loan Repayment had been denied because he signed it prior to accessing into the NCARNG.  The State Incentive Manager Office then informed him that they would initiate a request for an exception to policy for the mistake.  This exception to policy was denied by the National Guard Bureau (NGB) on 29 April 2014.  

	b.  He wants an administrative change be made to his record to fix the error and show that he was eligible for the incentive on the day he accessed since it was his and everyone else's intent for him to receive this incentive.  He believes that the error occurred between the recruiting office and the incentive office.  He believes that a misunderstanding of the requirements occurred on both parties but it was solely an administrative error that can be easily corrected.  Everyone now understands that the incentive request must be signed and initiated on the day of or after the date of accession.

3.  The applicant provides:

* Statement from the Specialty Branch Manager
* Denial of Exception to policy request
* Written Agreement-CLRP

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service in the U.S. Marine Corps, the applicant enlisted in the NCARNG on 21 March 2009.  He was honorably separated from the NCARNG on 20 May 2010 to accept appointment as a commissioned officer. 

2.  He was appointed as a second lieutenant in the NCARNG, staff specialist, on 22 May 2010.  Accordingly, NGB published Special Orders (SO) Number 194 AR extending him Federal recognition for initial appointment.  

3.  He entered active duty on 22 May 2011 and completed the Chaplain Basic Officer Leader Course (BOLC) on 19 August 2011.  He was honorably released from active duty on 19 August 2011.  

4.  He attended and successfully completed the Chaplain Candidate Program from 20 August 2011 to 30 April 2012.  

5.  On 21 June 2012, the NCARNG published SO Number 222 AR extending him Federal recognition for promotion to first lieutenant (1LT) effective 18 June 2012 in the staff specialist corps. 

6.  On 16 October 2012, he signed a Written Agreement-CLRP.  He indicated or understood:

* He agreed to a 3-year term of agreement in the Selected Reserve
* The CLRP applies to him; the cumulative CLRP amount will not exceed $20,000 for each three-year period of obligated service
* Payment will be processed on the anniversary month of his signature on this agreement for each satisfactory period of service

7.  He, a service representative, and a witnessing official authenticated this agreement with their signatures.  The agreement was assigned Bonus Control Number (BCN) C12xxxxxx2NC.

8.  On 28 November 2012, the NCARNG published Orders 333-938 appointing him as a chaplain in the NCARNG, in the grade of 1LT, effective 17 October 2012. 

9.  On 28 January 2013, NGB published SO Number 25 AR extending him Federal recognition for initial appointment in the NCARNG, chaplain, with an effective date of 17 October 2012 and a date of rank of 17 October 2012 (later amended to 17 October 2011). 

10.  It appears at some point in 2014 he submitted an exception to policy request for the CLRP incentive.  However, on 29 April 2014 NGB denied his request.  An NGB official stated: 

	a.  Reference:  ARNG Selected Reserve Incentives Program (SRIP) Policy for Fiscal Year 2012 (Policy Number 012-01) effective 5 June 2012.  The ETP to retain the $20,000.00 CLRP for the discrepancy(ies) listed below is denied:

* [Applicant] was not serving as a Chaplain at the start of the contractual agreement which violates ARNG SRIP 12-01
* [Applicant] was serving as a Chaplain candidate program at the time of contract which violates ARNG SRIP 12-01
* [Applicant] contract bonus addendum is obsolete which violates ARNG SRIP 12- 01

	b.  The applicant was accessed by the NCARNG, Unit Identification Code (UIC) W8BPAA.  He signed the agreement on 16 October 2012.  His contracted bonus addendum/agreement amount was $20,000.00 and his contracted area of concentration (AOC) was 56X (Chaplain Candidate).  His current AOC is 56A (Command and Unit Chaplain). 

	c.  Applicant signed his CLRP agreement on 16 October 2012, and was commissioned as a chaplain on 17 October 2012.  Therefore, he was not qualified as a 56A at the time the agreement was signed.  He was serving in the Chaplain Candidate (AOC 56X) Program at the time of signing his CLRP addendum.  Any Soldier serving in the Chaplain Candidate Program is not eligible for the CLRP incentive.  He may sign for a new CLRP agreement that will be evaluated for determination of eligibility for the CLRP incentive.  The State Incentive Manager will terminate the incentive without recoupment effective on the contract signature date.  No incentive monies have been paid to the Service Member.

11.  The applicant provides a statement dated 28 May 2014 from the Specialty Branch Manager.  He describes the circumstances for the applicant's CLRP.  He states: 

	a.  The applicant was accessed into the NCARNG on 17 October 2012.  He previously expressed his interest in receiving the CLRP as an incentive for his service in the ARNG.  As his recruiter, he (the author) went to the State Incentive Manager’s office and inquired about how to obtain a control number and contract for the applicant.  His instructions were that the contract had to be initiated prior to the Soldier swearing in.  They initiated the contract and requested the control number on 16 October 2012 which was one day prior to accession.  They later discovered that this was the wrong practice and then the incentive office initiated an ETP for the mistake.  This ETP was denied on 29 April 2014. 

	b.  The original intent was for this Soldier to get this incentive.  This office did in good faith prepare the document correctly as they understood it to be at the time and the Soldier had full intent to be incentivized with the CLRP.  Based on the denial of the exception to policy, the Soldier will have to sign another contract and wait a full year to receive the incentive.  He recommends the applicant receive full relief through no wrongdoing on his part and allow his military record to show that the CLRP was executed correctly as part of his accession and the funds paid accordingly.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed in the NCARNG on 22 May 2010 as a staff specialist.  

2.  On 17 October 2012, he was appointed as a chaplain in the NCARNG.  One day prior to this appointment, on 16 October 2012 and as instructed by his specialty branch manager, he executed a written agreement wherein he agreed to the CLRP incentive in return for his services as a chaplain in the NCARNG.  A state representative and a witness signed this agreement.  The state also issued a BCN.  Yet, he was denied payment of this incentive.  

3.  The applicant's original intent was to get 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, his State Incentive Manager, or the State Education Office.  He is entitled to full relief. 




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:

* showing he executed a CLRP Written Agreement on 17 October 2012, he and a witnessing official signed the CLRP agreement, and it was assigned a Bonus Control Number on that date 
* the CLRP agreement was timely received by the NCARNG Education Office and processed for payments 
* paying from Army National Guard funds 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)                                         AR20140009759





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ABCMR Record of Proceedings (cont)                                         AR20140009759



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