IN THE CASE OF:
BOARD DATE: 8 September 2015
DOCKET NUMBER: AR20150001234
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, he be allowed to retain his Chaplain Health Professional and Enlisted Loan Repayment Program (CLRP) incentive.
2. The applicant states his bonus addendum is signed but not dated by all concerned; however, there are dates elsewhere on the paperwork which was signed on the same day. He claims it was an honest oversight by all parties.
3. The applicant provides:
* 2 memoranda
* Chaplain Loan Repayment Program (CLRP) Addendum
* a self-authored statement
* Numerous pages of Loan and Promissory Note paperwork
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service in the Army National Guard (ARNG), on 23 April 2010, the applicant was commissioned a first lieutenant in the Chaplain Corps serving in the Minnesota ARNG.
2. The applicant provides and his records contain a CLRP Addendum he initialed and signed 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) S10040006MN.
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. A CLRP Counseling Checklist, signed and dated by the applicant on 23 April 2010, is attached to the CLRP Addendum and present in his official military personnel file.
3. In a letter dated 21 November 2013, the applicant requested an exception to policy (ETP) due to the signatures on his CLRP Addendum not being dated.
4. On 29 December 2014, National Guard Bureau 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.
5. 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 23 April 2010. He acted in good faith and continues to fulfill the requirements of his contractual agreement. It would appear he should not be penalized due to an oversight ultimately committed by his accession officials.
2. In view of the foregoing, his record should be corrected to show his CLRP Addendum was signed and dated by him, the service representative, and witnessing official on 23 April 2010, and that a valid BCN was issued.
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 all 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 23 April 2010 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) AR20150001234
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ABCMR Record of Proceedings (cont) AR20150001234
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