RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040010162


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that recoupment action be cancelled
and that her New Specialized Training Assistance Program (STRAP) debt be
forgiven.

2.  The applicant states, in effect, that

      a.  she was unable to fulfill her STRAP contractual obligation due to
physical disability;

      b.  she enrolled in STRAP on 14 January 1992 and completed the
academic portion of STRAP in May 1995;

      c.  she was injured on her civilian job in July 1996 and was unable
to return to the active reserve due to her physical condition;

      d.  she completed two degrees while in the Individual Ready Reserve
(IRR);

      e.  she was unable to perform physically in a military or civilian
capacity and that her surgeon had relocated and she was unable to obtain
medical records to forward to her STRAP manager; and

      f.  recoupment action was instituted prior to resolution of her
disability status.

3.  The applicant provides a copy of:

      a.  the applicant's Bachelor of Science Degree, dated 13 May 1995,
from the State University of New York;

      b.  an examination, dated 23 April 1997, and treatment records from
22 September 1997 through 31 October 2001, documenting treatment the
applicant received for her back condition;

      c.  a decision by the Social Security Administration, dated April
1998, that the applicant is "entitled to a period of disability commencing
July 1, 1996" and to disability insurance benefits;

      d.  a decision by the Workers' Compensation Board of the State of New
York, dated 14 September 1998, that grants the applicant disability from 17
March 1997 to 10 September 1998 and continued payments;

      e.  the applicant's Master of Science Degree, dated 8 May 1999, from
the State University of New York;

      f.  the applicant's Certificate of Adult Nurse Practitioner, dated 8
May 1999, from the State University of New York;

      g.  a U.S. Army Reserve Personnel Command (AR-PERSCOM) Memorandum,
dated 27 October 1999, which notified the applicant that her assignment in
the IRR was a violation of her STRAP agreement.  The Memorandum also
provided the name and telephone number of the applicant's STRAP Manager;

      h.  a letter, dated 29 November 1999, from the applicant to her STRAP
Manager that stated she was receiving Social Security Disability and New
York State Workers' Compensation due to a work related injury that occurred
on 1 July 1996.  The applicant also stated that she considered her
disability to be temporary and requested that she be allowed to continue to
be assigned in the IRR until a qualified reassessment could be completed;

      i.  a memorandum, dated 13 December 2001, from the AR-PERSCOM to the
Defense Military Pay Office that requested the initiation of a recoupment
action against the applicant, a participant in STRAP.  The memorandum
stated the applicant was in violation of her STRAP agreement by failing to
serve satisfactorily in the Selected Reserves.  The debt was established at
$32,537.40, the amount of money paid to the applicant during the Stipend
Phase of STRAP beginning 14 January 1992 through 13 May 1995;

      j.  a Promissory Note to Pay in Installments signed by the applicant
on
30 January 2004 that showed the applicant promised to pay the United States
the Principal amount of $33,004.40 with simple interest at the rate of 5.63
percent per annum in reduced monthly payments of $100.00 to commence
immediately; and

      k.  her Honorable Discharge Certificate that showed she was honorably
discharged effective 1 November 2002.

CONSIDERATION OF EVIDENCE:

1.  In the processing of this case the Army Board for Correction of
Military Records (ABCMR) was unable to obtain the applicant's complete
military service personnel records.  The records available to the ABCMR are
sufficient for the ABCMR to make a fair and impartial review of this case.


2.  The available military records show that the applicant was commissioned
a second lieutenant in the U.S. Army Reserve (USAR) on 15 October 1990.
There is no readable document showing the date she was promoted to first
lieutenant.  The applicant was promoted to captain effective on 13 December
1994.

3.  On 23 August 2001, AR-PERSCOM notified the applicant that she was not
selected for promotion and that the records reviewed by the Selection Board
did not indicate that the applicant had completed the required civilian
and/or military education by the day the board convened.

4.  On 30 May 2002, AR-PERSCOM notified the applicant that the Selection
Board that was convened on 7 January 2002 considered her, but did not
select her for promotion.  AR-PERSCOM also advised the applicant that as a
result of the second nonselection she must be discharged.  Her removal date
was established as not later than 1 November 2002.

5.  On 1 November 2002, the applicant was discharged from the United Stated
Army Reserve with an Honorable Discharge.

6.  In the processing of this case, an advisory opinion was obtained from
Human Resource Command (HRC), St. Louis, Missouri (formerly known as AR-
PERSCOM).  A copy of that opinion was provided to the applicant in order to
allow her to submit comment or rebuttal.

7.  According to the opinion, dated 11 May 2005, the applicant:

      a.  received a STRAP stipend from 14 January 1992 to 13 May 1995,
which gave her a six year obligation;

      b.  completed a qualifying year of service toward her obligation from
1995 to 1996;

      c.  did not perform any drill or annual training from 1996 to 2002
resulting in those years being deemed unsatisfactory performance;

      d.  had not contacted her STRAP manager since 1996 until she
responded to his letter that was sent certified mail in October 1999.  In
her response she notified the manager that she had a disability.  The
applicant was then given guidance and instructions on proper procedures for
medical fitness for duty determination;

      e.  failed to respond to requests for documentation of her medical
disability claim in 2000 and again in 2001;
      f.  was transferred by her unit to the IRR as an unsatisfactory
participant which ultimately led to being passed over twice for promotion;

      g.  did not forward any medical documentation until recoupment action
had been initiated.  The recoupment action is unrelated to any medical
condition, it was initiated as a result of the applicant not fulfilling her
obligation per her contract; and

      h.  was discharged due to being passed over for promotion two times
and not for medical reasons.

8.  The HRC opined that the applicant's recoupment was enacted as a result
of her non-compliance with the terms of her STRAP contract, not due to her
medical issues and should remain in effect.

9.  On 26 June 2005, the applicant submitted a rebuttal to the HRC opinion
dated 11 May 2005.  In her rebuttal she stated that she was unable to
fulfill any of her civilian or military responsibilities for an extended
period of time due to her intense and lengthy associated pain and
recuperation from surgery.  She also stated that she had contacted her
STRAP manager by phone and was assured her condition was of no consequence
and that she was to notify the manager once her condition improved.

10.  The applicant further stated that she had suffered a life changing
injury and that she was forced to depended on others to meet her basic
needs.  The applicant further stated that if she had been physically and/or
psychologically able to keep her status current and/or provide the
necessary medical documentation she would have.

11.  Army Regulation 135-7 states that the purpose of the STRAP is to
provide adequate numbers of commissioned officers who are qualified in
health profession specialties critically needed in wartime.  The STRAP sets
up financial assistance to officers engaged in specialized training in
return for their service in the Ready Reserve.  The amount of financial
assistance an officer may receive while engaged in specialized training is
determined by the service obligation for which the officer contracted on
enrollment in the STRAP and the rate in effect for the fiscal years.  The
rate of assistance under the Armed Forces Health Professions Scholarship
Program is the basis for the amount of monthly stipend under the STRAP.  An
officer who participates in the STRAP incurs an obligation to serve 2 years
in the IRR, or 2 years in the Selected Reserve, as appropriate, for each
year or partial year for which he or she received financial assistance.
Participation in the STRAP will terminate on successful completion of the
specialized training program, if not terminated earlier for failure to meet
or maintain the eligibility requirements for the STRAP.  These requirements
include membership in good standing in the Ready Reserve and attendance in
good standing at the specialized course of training.  A STRAP participant
who fails to complete the specialized training program and is terminated
for failing to maintain eligibility is subject to recoupment of funds paid.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that recoupment action in the amount of
$32,537.40 should be cancelled and that her STRAP debt be forgiven.

2.  The applicant contends that she was unable to fulfill her STRAP
contractual obligation due to physical disability.

3.  The applicant was not discharged for medical reasons.  She was
discharged because she was twice passed over for promotion.

4.  The applicant failed to keep her status current, failed to keep the
STRAP manager informed of her status, and failed to provide medical
documentation until a recoupment action was filed despite repeated requests
for such documentation.

5.  The applicant has provided no compelling evidence that the debt was
incurred in error or that it is unjust.  In the absence of such evidence,
there is no basis for granting relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

____cak_  ____ena _  ___jns___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  __________John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010162                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]