RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 October 2005
      DOCKET NUMBER:  AR20050002177


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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 that her records be corrected to show she was
accepted into the half STRAP program (Specialized Training Assistance
Program) and that she be determined to be eligible for an unqualified
resignation.

2.  The applicant states in July 2001 she began a general internship at
Maimonides Hospital in Brooklyn, NY.  Around April 2002, Army recruiters
visited the staff during her stay there.  Sergeant First Class (SFC)
Michael V___ was one of the recruiters.  SFC V___ told her there was a
program for medical doctors in the Army called a "half STRAP" program.  She
would have to complete her residency to be eligible for the program.  If
she enrolled in the program and became eligible, (1) she could finish her
residency; (2) she would be paid one half the STRAP income a reservist her
rank would normally receive during her residency; (3) she would be in the
"inactive reserves" after her residency was completed; no officer training
was required and no formal active duty was required unless she was called
for duty; (4) she would be in the inactive reserves for 4 years after
completing her residency if she received the stipend for 4 years, but then
she would be subject to being called for [active] duty; and (5) she would
cease being paid at the completion of her residency, but if called up she
would be paid for her active duty service.

3.  The applicant states SFC V___ told her in early June of 2002 it was
"essential" for her to sign her oath of office before 1 July 2002 in order
to be eligible for participation in the program  She believed him.  She
never once was of the belief that she was committing herself to anything
(emphasis in the original) other than the half STRAP program.

4.  The applicant states SFC V___ informed her in mid-June of 2002 she had
been accepted for consideration into the half STRAP program and she needed
to be commissioned before 1 July 2002 in order to receive the half STRAP
stipend starting that July.  He told her being commissioned was only a
formality but that signing the half STRAP papers was the commitment.  SFC
V___ was on vacation on the date she was to be commissioned, but she and
her mother both went to Fort Hamilton, NY and met Major W___.  When Major
W___ brought out the papers for the applicant to sign for the half STRAP
program, the program Major W___ explained did not sound like the program
the applicant discussed with SFC V___.  She was concerned about signing the
papers but Major W___ said it would be no problem for her to wait until SFC
V___ returned.  Major W___ suggested she be commissioned that day and that
the "official" paperwork could wait for later action.  No mention of an 8-
year commitment to the military was ever explained to her before being
commissioned.

5.  The applicant states when SFC V___ returned he informed her he had only
recently found out the half STRAP program was available only to surgeons.
SFC V___ told her he would petition the Army to have her included in the
half STRAP program, considering the fact he had recruited her and had her
commissioned for a program for which she was not eligible.  His petition
was denied but he told her that was not a problem and "some physicians
change their minds" after being commissioned.  He told her she had no
military obligation and she would eventually be "deleted" from the military
system.

6.  The applicant states soon after she was commissioned she learned she
was not accepted into any half STRAP program.  She was informed she was in
the active reserves for 8 years.  When she found that out in early July of
2002 she was stunned.  She sensed that no Army commander was paying
attention to her letters or to requests for exceptions to her situation.
She turned to the Department of the Army Inspector General (DAIG).  Colonel
F___ from the office of the IG at the U. S. Army Regional Readiness Command
at Fort Totten, NY advised her to request an unqualified resignation.  More
than 9 months later, she was informed her statutory obligation would
terminate on 10 June 2010 and she could resign at that time.

7.  The applicant provides the 16 exhibits listed on the "Exhibit List"
attached to her application, plus exhibit 17 (a handwritten computation of
STRAP monthly stipends and loan repayment information) submitted later by
her counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel makes no additional statement

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded her Doctor of Osteopathy degree in May 2001.


2.  On 23 May 2002, the applicant signed a DA Form 3574 (Certificate of
Acknowledgement and Understanding of Service Requirements for Individual
Applying for Appointment in the USAR under the provisions of AR 135-100, or
135-101, as Applicable – Individuals without Prior Service).  On this form,
she certified that, if she accepted an appointment as a commissioned
officer in the  U. S. Army Reserve (USAR), she would incur a statutory
military service obligation of 8 years commencing with the effective date
of appointment.

3.  On 5 June 2002, the applicant completed a DA Form 61 (Application for
Appointment).

4.  On 26 June 2002, the applicant signed a DA Form 71 (Oath of Office –
Military Personnel) and was appointed a captain in the U. S. Army Reserve,
Medical Corps that date.

5.  On 18 July 2002, SFC V___ completed a U. S. Army Recruiting Command
(USAREC) Form 1155-R-E (General Exception Form), requesting an exception to
allow the applicant to receive the half STRAP option as a diagnostic
radiologist while taking a slot on the Individual Ready Reserve list.  He
indicated on the form, "She was commissioned in the U. S. Army on 26 Jun
02, under the impression she was eligible for "half strap."  NYC AMEDD RS
was advised option was not available…after commission.  (applicant) states
she joined the Army Reserve with this understanding and will not continue
with her obligation unless she receives half strap on the IRR list."

6.  Orders dated 22 August 2002 released the applicant from the USAR
Control Group (Reinforcement) and assigned her to the 344th Hospital Unit,
Brooklyn, NY effective 26 June 2002.  She was transferred to the 865th
Combat Support Hospital on an unknown date.

7.  By letter dated 3 January 2003, the applicant wrote to the Commander,
865th Combat Support Hospital.  She stated she was in her first year of
residency out of a 4-year residency program.  Somehow she was processed as
a fully-licensed physician and put into a unit that was going to be
deployed shortly.  She never received any military training and pleaded
with the commander to transfer her back into the inactive reserve.

8.  By letter dated 4 June 2003, the applicant requested assistance from
the 77th Regional Support Command IG.  In the letter, the applicant noted
she had received orders sometime between September and October 2002 stating
she belonged to an active unit and needed to report for drilling.  She
called the sponsor listed on the orders and explained she was still in
residency.  She also called SFC V___, who told her it must have been a
mistake, he would take care of it, and recommended she ignore any other
orders she received.  She stated in early December 2002 she received
information she had been assigned to another unit as a radiologist (for
which she never received orders) and was due to be deployed in March 2003.
She stated she was also informed at that time, for the first time, that she
had an 8-year commitment.  She stated she started
receiving paychecks in December 2002 but no one knew why.  She was assured
by a Ms. L___ at St. Louis that she was not listed in the full or half
STRAP programs and the checks were not coming from either of those
programs.

9.  By letter dated 12 August 2003, the 77th U. S. Army Regional Readiness
Command apparently responded to the applicant's 4 June 2003 letter by
recommending she request an unqualified resignation.

10.  Orders dated 17 October 2003 transferred the applicant back to the
USAR Control Group (Reinforcement).

11.  By memorandum dated 24 August 2004, the U. S. Army Human Resources
Command – St. Louis (USAHRC – STL) denied the applicant's request for
unqualified resignation.  She was informed she had a statutory obligation
until   26 June 2010 and she could submit her resignation upon the
termination of her statutory obligation.  She was also informed she could
apply to this Board for relief.

12.  On 2 September 2004, the 77th Regional Readiness Command IG informed
the applicant they had conducted a thorough inquiry into her 13 May 2003 IG
Action Request.  The IG stated, in effect, that USAHRC – STL's 24 August
2004 memorandum was the final response to her request.

13.  In the processing of this case, an advisory opinion was obtained from
the Director, Army Medical Department Region, USAHRC – STL.  The advisory
opinion stated the applicant was selected by the 13 June 2002 Medical board
to participate in the STRAP and the Health Professional Loan Repayment
Program (HPLRP).  The Incentives Team, USAHRC – STL never received
enrollment documents to include a STRAP and HPLRP contract for the
applicant.  She was, therefore, never paid any money for STRAP or HPLRP
from the Incentives Office.  Her specialty, Diagnostic Radiology, was never
eligible for the half STRAP program with service in the IRR.  Per a
Department of the Army, Office of the Deputy Chief of Staff for Personnel
memorandum dated 14 April 1998, "general surgeons, orthopedic surgeons, and
nurse anesthetists are the only specialties eligible to serve in the IRR as
their commitment under STRAP."

DISCUSSION AND CONCLUSIONS:

1.  The applicant should have been aware, when she signed the DA Form 3574
on 23 May 2002, she would incur a statutory military service obligation of
8 years commencing with the effective date of appointment.  She was
appointed when she took her oath of office on 26 June 2002.

2.  Nevertheless, the applicant's recruiter acknowledged she was
commissioned under the mistaken impression she was eligible for the half
STRAP.  The Army made other errors regarding her military service; for
example, attempting to call her to active duty and deploy her as a fully-
qualified physician when she was still early in her residency training.

3.  While the Board recognizes the Army is not liable for the erroneous
actions of its officers, agents, or employees, even though committed in the
performance of their duties, the Board believes it would be in the interest
of justice and equity to grant a modified portion of the relief requested.

4.  The applicant was not qualified for the half STRAP.  She is not
technically qualified to submit an unqualified resignation.  However, it
would be equitable to void her commission.

5.  If the applicant has received any Government financial assistance that
would normally be contingent upon her completing a statutory military
service obligation, it would be equitable to recoup that financial
assistance from her.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__jtm___  __jbg___  __jrm___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by voiding her commission of 26 June 2002.

2.  Any Government financial assistance that may have been provided to the
applicant that would normally have been contingent upon her completing a
statutory military service obligation will be recouped.

3.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
showing she was accepted into the half STRAP or determining she is eligible
for an unqualified resignation.




            __John T. Meixell_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002177                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |102.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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