IN THE CASE OF:	  

		BOARD DATE:	  16 October 2014

		DOCKET NUMBER:  AR20140012344 


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, in effect, entitlement to and payment of the Chaplain Loan Repayment Program (CLRP) incentive. 

2.  The applicant states:

	a.  When he was speaking to a Chaplain recruiter (Chaplain Re--- K--l) in 2011, he was informed about the CLRP and he was informed this would be available after his candidacy.  He was accessioned as an Army Reserve Chaplain on 14 April 2014 and has since been trying to seek information about the CLRP only to be told this should have taken place during his accessioning.  He would like to be allowed to access the CLRP due to the fact he has been diligently asking for it throughout his candidacy and in preparation for his accessioning and was told he would have to wait, when in fact his timing was correct and he missed his opportunity due to others being unaware of the correct timing.

	b.  All throughout his candidacy, whenever he spoke with a recruiter or anyone who dealt with official paperwork, he asked specifically about the CLRP and if he were signing a contract that needed to have it included (he was told on multiple occasions this was a contractual thing that would take place after he was accessioned and his unit would take care of this (Staff Sergeant (SSG) H---is and Sergeant First Class (SFC) B---s at the South Central Recruiting Office were two of the individuals who told him such information).  Trying to do further research, he contacted his unit's Retention Noncommissioned Officers (SFC B-----lo and SFC A---l) seeking information as to how to gain access to this program.  They did not know anything (self-admittedly) and they tried their best to get him information. 

	c.  Serendipitously the Chaplain Candidate Manager (Chaplain Ch---es C----ey) emailed him about another issue and he asked him who to contact.  He referred him to J---e D----ow, and she informed him there was no provision for exemption since he had already accessed; therefore, he was to fill out this application for correction of military records.  It has also come to his attention that the U.S. Army Human Resources Command (HRC) has recently had multiple complaints regarding this exact problem regarding Chaplain Candidates not being informed (even when they ask).  The CLRP needs to be a part of the accessioning packet. Due to these errors in communication, he feels he was denied the opportunity to acquire aid that he is eligible for and had asked about throughout his entire candidacy. 

3.  The applicant does not provide any evidence. 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant (2LT) and executed an oath of office on 15 April 2011.  He was assigned to the 88th Regional Support Command (Administrative Detachment), Fort McCoy, WI. 

2.  On 28 June 2011, he was reassigned to the 206th Combat Support Group, a troop program unit of the U.S. Army Reserve (USAR).  On 14 October 2012, he was promoted to first lieutenant in the USAR.

3.  On 1 February 2013, HRC published Orders T-02-301008 ordering him to active duty for 48 days to attend the Chaplain Officer Basic Course, at Fort Jackson, SC. 

4.  A DA Form 1059 (Service School Academic Evaluation Report) shows he attended and successfully completed the Chaplain Basic Officer Leader Course (BOLC) at Fort Jackson, SC from 13 January to 12 April 2013.  

5.  On 28 February 2014, he submitted a DD Form 2088 (Statement of Ecclesiastical Endorsement) which is used to verify the professional and ecclesiastical qualifications of religious ministry professionals for appointment or chaplain change in career status appointment as chaplains in the military services. 

6.  On 18 April 2014, an official at the Office of the Chief of Chaplains informed the applicant that upon recommendation of the chaplain accession board, dated 14 April 2014, he was approved for award of area of concentration (AOC) 56A (Chaplain), effective 14 April 2014. 

7.  On 18 June 2014, HRC published Orders C-06-408644 reassigning him from the 206th Combat Support Group to the 419th Transportation Battalion, a TPU of the USAR in Illinois, in AOC 56A. 

8.  There is no indication in the applicant's records that he executed a CLRP Written Agreement or submitted his loans/promissory notes to his retention NCO or chain of command.

9.  An advisory opinion was received on 13 August 2014 from the Office of the Chief of Chaplains in the processing of this case.  The advisory official recommended approval and stated the applicant should be entitled to receive the CLRP according to the CLRP policy memorandum.  He should also be awarded all pay and benefits owed him because of this processing error.  He stated: 

	a.  [Applicant], an Army Reserve chaplain, was initially appointed as a 2LT on 15 April 2011.  He served for 3 years as a chaplain candidate, from 15 April 2011 to 13 April 2014.  He was re-accessioned as an Army Reserve chaplain on 14 April 2014.  During the re-accessioning process, he should have been afforded the opportunity to sign for the CLRP.  

	b.  The chaplain recruiting team responsible for his accessioning paperwork was responsible for enrolling him in the CLRP according to paragraph 3e of the CLRP Policy (Change 1), dated 28 April 2011.  The policy states individuals accessed into the Chaplain Candidate program are not eligible to participate in the CLRP; however, they may become eligible after reappointment as a chaplain in the Selected Reserve (SELRES).  

	c.  According to the CLRP implantation policy, the applicant would be entitled to $20,000 for each 3-year agreement period, not to exceed $40,000 maximum benefit when he is reappointed in the SELRES.  If the applicant had been accessed correctly, he would have been able to access this Army benefit. 

10.  The applicant was provided a copy of this advisory opinion but he did not respond. 

11.  Title 10, USC, section 16303 governs the loan repayment program for chaplains serving in the SELRES.  It states:

	a.  Authority to Repay Education Loans.— For purposes of maintaining adequate numbers of chaplains in the SELRES, the Secretary concerned may repay a loan that was obtained by a person who (1) satisfies the requirements for accessioning and commissioning of chaplains, as prescribed in regulations; (2)holds, or is fully qualified for, an appointment as a chaplain in a reserve component of an armed force; and (3) signs a written agreement with the Secretary concerned to serve not less than three years in the SELRES.

	b.  Exception for Chaplain Candidate Program.— A person accessioned into the Chaplain Candidate Program is not eligible for the repayment of a loan under subsection (a).  

	c.  Loan Repayment Process; Maximum Amount.  (1) Subject to paragraph (2), the repayment of a loan under subsection (a) may consist of the payment of the principal, interest, and related expenses of the loan; and (2) The amount of any repayment of a loan made under subsection (a) on behalf of a person may not exceed $20,000 for each three-year period of obligated service that the person agrees to serve in an agreement described in subsection (a)(3).  Of such amount, not more than an amount equal to 50 percent of such amount may be paid before the completion by the person of the first year of obligated service pursuant to the agreement.  The balance of such amount shall be payable at such time or times as are prescribed in regulations.

	d.  Effect of Failure to Complete Obligation.— A person on whose behalf a loan is repaid under subsection (a) who fails to commence or complete the period of obligated service specified in the agreement described in subsection (a)(3) shall be subject to the repayment provisions of section 303a(e) of Title 37.

12.  Headquarters, USAR Command memorandum, dated 29 October 2008, with Change 1, dated 28 February 2011, authorizes the CLRP.  It states applicants must satisfy the requirements for accessioning and commissioning of chaplains as prescribed in Department of Defense Instruction 1304.28 (Guidance for the Appointment of Chaplains for the Military Departments), Army Regulation 
135-100 (Appointment of Commissioned and Warrant Officers of the Army), chapter 3, Section Ill and Army Regulation 165-1 (Chaplain Activities in the United States Army), chapter 6.

	a.  Applicants must currently hold or be fully qualified for appointment as a chaplain in the USAR.

	b.  Applicants must sign a written agreement to serve not less than 3 years in the USAR SELRES.

	c.  Applicants must possess a current endorsement from a recognized faith group listed as an endorser with the Armed Forces Chaplains Board.

	d.  Applicants must currently possess outstanding loans secured on or after 1 October 1975, in accordance with Title 10, U.S. Code, section 16303.  These loans must have been applied toward a basic professional qualifying degree (post baccalaureate), or graduate level degree.  All degrees must be obtained from an accredited theological seminary as listed in the Association of Theological Schools handbook and/or Accredited Institutions of Post-Secondary Education handbook published by the America Council on Education.  New loans incurred after signing a 3-year CLRP service agreement will not be eligible for repayment until the current term of service is complete and a new 3-year CLRP service agreement is initiated.

	e.  Individuals assessed into the Chaplain Candidate Program are not eligible to participate in the CLRP; however, they may become eligible after reappointment as a Chaplain in the SELRES.

	f.  Individuals may be eligible for other incentives in conjunction with the CLRP (e.g., Affiliation Bonus or Accession Bonus).  Contracts will run concurrently.  

	g.  Maximum amount:  The amount of CLRP will not exceed $20,000 for each 3-year agreement period; therefore, the maximum payment given to a CLRP eligible participant will not exceed $6,666.66 for each year of the agreement period ($6,666.68 for final payment).  The maximum lifetime benefit will not exceed $40,000.  The payment may consist of the loan's principal, interest, and related expenses.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially appointed as a 2LT on 15 April 2011.  He served for 3 years as a chaplain candidate, from 15 April 2011 to 13 April 2014.  He was re-accessioned as an Army Reserve chaplain on 14 April 2014.  During the re-accessioning process, he should have been afforded the opportunity to sign for the CLRP.  

2.  The chaplain recruiting team responsible for his accessioning paperwork was responsible for enrolling him in the CLRP.  The policy states individuals accessed into the Chaplain Candidate program are not eligible to participate in the CLRP; however, they may become eligible after reappointment as a chaplain in the SELRES.  As a result, he never signed a written agreement nor did he provide his authorized loans and/or promissory notes.  
3.  According to the CLRP implantation policy, the applicant would be entitled to $20,000 for each 3-year agreement period, not to exceed $40,000 maximum benefit when he is reappointed in the SELRES.  If the applicant had been accessed correctly, he would have been able to access this Army benefit.  

4.  It appears the applicant's original intent was to get this incentive.  He appears to have acted in good faith and continues to serve in the USAR.  He should not be penalized due to the errors committed by his accession officials or the USAR. 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 Department of the Army records of the individual concerned be corrected by:

* showing he executed a CLRP Written Agreement on 14 April 2014 and a witnessing official signed the CLRP agreement
* showing he submitted copies of authorized loans that were acquired prior to the date on the Written Agreement
* showing the CLRP agreement was timely received by the USAR Education Office and processed for payment
* paying any CLRP payments, after he submits copies of authorized loans, 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)                                         AR20140012344



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ABCMR Record of Proceedings (cont)                                         AR20140012344



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