| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Thomas B. Redfern III | Member | |
| Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his student loans be paid under the Health Professionals Loan Repayment (HPLR) program
APPLICANT STATES: In effect, his recruiter verbally told him that he was eligible for the loan repayment program. He contends that the documents he submits show that he should receive this benefit. He states that he was not aware that his loans were not covered until he received notice of interest being added to his loan amount.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant had over 8 years of enlisted service prior to accepting a commission as a second lieutenant, Nurse Corps and executing his oath of office on 4 March 1998. Other than the basic paperwork relating to his commission and a copy of a certification verifying that he had a valid nursing license, there are no other documents on his official microfiche relating to any incentives or options officially granted him at the time he was commissioned.
The applicant submits a copy of a DA Form 5536-R (Agreement Health Professionals Loan Repayment (HPLR)), a Public Service Deferment Request, a copy of a recruiting brochure for nurses and several documents submitted in concert with his administrative request to have his student loan covered under the HPLR program.
The DA Form 5536-R submitted by the applicant shows, in section IV, Authentication, the signatures of the appointing commissioning official and the applicant. However, the blocks for a control number, the applicant’s name and social security number and Section II item 2 are blank. Item 2 is the location for entry of the approved specialty that qualifies an applicant for the HPLR program.
On 31 October 2000, the applicant submitted a request, through his chain of command, to be granted an exception to policy to receive HPLR payments. His command recommended approval, however, administrative approval was denied on 14 December 2000.
The rationale for that denial was that at the time of his commissioning his medical specialty was not an authorized incentive and he did not change to one of the authorized specialties (operating room nurse) until after his commissioning. Therefore, he was not entitled to receive payment under the HPLR program.
The applicant was notified of his option: to remain in the unit without the benefit of the loan repayment, request a discharge under Army Regulation 135-175 or apply to this Board for relief. The applicant elected to apply to this Board.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. At the time of his commissioning the applicant was not a registered nurse in one of the specialties for which the HPLR program incentive was authorized.
2. The DA Form 5536-R submitted by the applicant is not only not a part of his official records but it is incomplete and is flawed. Most notably, it does not list any entry in the blank at Section II, item 2, for an authorized specialty allowed under the HPLR. Therefore, the Board concludes that the applicant has failed to provide sufficient relevant evidence that he was promised entitlement to loan repayment under the HPLR program.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__FNE __ ___TBR _ __DPH__ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
| CASE ID | AR2001062692 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020305 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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