RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 July 2007
	DOCKET NUMBER:  AR20060012499 


	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.



	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 he be refunded the Specialized Training Assistance Program (STRAP) payments that he repaid the Government.

2.  The applicant essentially states that recoupment of his STRAP payments was initiated on 22 March 2001 after the National Army Medical Department Augmentee Detachment (NAAD) lost his address and contact information when he moved to North Carolina.  He also states that when he discovered this, he followed all directions for reentry into the NAAD, and was informed in writing that his STRAP recoupment would be stopped.  He further states that he paid his STRAP debt in full to the United States Treasury in August 2006, as he was advised to pay this debt even though it was in dispute in order to avoid collection agency action, and now requests partial or full refund of this debt.

3.  The applicant provides a self-authored statement, dated 15 August 2006, his military service history timeline, a record of e-mails regarding the stopping of recoupment of his STRAP payments, and correspondence related to his STRAP debt and his attempts to stop the recoupment of this debt in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
15 May 2005, the date of his discharge from the United States Army Reserve.  Although the application submitted in this case is dated 23 July 2006, it was not received until 6 September 2006.

2.  The applicant’s military records show that he was appointed a Medical Corps officer in the USAR on 1 July 1989.  He also entered into his initial STRAP contract on that date, and agreed to a military service obligation through 30 June 1997 in exchange for receiving STRAP stipends from 1 July 1989 to 30 June 1993.  

3.  On 1 March 1996, the applicant requested adjustment to his STRAP stipend end date, and on 21 May 1996, his request was approved and, as a result, his STRAP stipend end date was changed to 30 June 1997, and his contractual military service obligation was extended until 31 October 2012.

4.  On 22 March 2001, a request to recoup STRAP stipends in the amount of $76,944.00 was submitted after two attempts at contacting the applicant regarding his non-compliance with his STRAP contact were unsuccessful.
5.  In a letter, dated 11 March 2005, the applicant was notified that, as a result of his medical condition at the time, he was unfit for continued service in the United States Army Reserve under the provisions of paragraphs 3-22 and 3-33 of Army Regulation 40-501 (Standards of Medical Fitness).  It was recommended that his case go before a Non-Duty Related Medical Evaluation Board (MEB)/Physical Evaluation Board (PEB).  

6.  The applicant was afforded the options to 1) request reassignment to the Retired Reserve; 2) if the applicant had 15 years but less than 20 qualifying years of service for retired pay, request reassignment to the Retired Reserve with early qualification eligibility to receive pay at age 60; 3) request an honorable discharge from the U.S. Army Reserve; or 4) request a review of his non-duty related medical disqualification by a PEB.

7.  Although there is no documentation in the available records to confirm what option the applicant elected, his military records contain a properly constituted order which honorably discharged him from the United States Army Reserve on 15 May 2005.

8.  In a letter, dated 20 June 2006, the Defense Finance and Accounting Service, Denver, Colorado informed the applicant that his STRAP debt, including accrued interest, administrative fees, and penalties was now $81,384.55.  He was also informed that his debt account was assigned to a collection agency.

9.  In a self-authored statement, dated 15 August 2006, the applicant essentially stated that he paid his STRAP debt in full to the United States Treasury in order to avoid collection agency action.  He also requested partial or full refund of this debt.

10.  During the processing of this case, an advisory opinion was obtained from the United States Army Human Resources Command, St. Louis, Missouri.  This advisory opinion essentially recommended that the applicant be reimbursed for only the portion of his contractual service obligation from 11 March 2005 through 31 October 2012, which he could not perform because he was medically disqualified.  This advisory opinion also stated, in effect, that the applicant demonstrated through his own actions during the period 1 July 1997 through 
10 March 2005 that he had no intention of fulfilling his STRAP obligation, and should forfeit any monies paid during that period.

11.  A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal.  On 14 June 2007, the applicant concurred with the advisory opinion.
12.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of Army National Guard (ARNGUS) and United States Army Reserve (USAR) incentive programs.  Chapter 11 prescribes policy and procedures governing the STRAP for Medical Corps (MC) and Army Nurse Corps (AN) officers of the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR).  It states an officer who participates in the STRAP incurs an obligation to serve 2 years in the IRR, or 2 years in the Selected Reserve (except on AGR status), as appropriate, for each year or partial year for which he or she receives financial assistance. This contractual obligation is incurred when the officer signs the STRAP agreement.  An officer who fails to meet participation requirements during the term of contractual service obligation may be subject to disciplinary action under the Uniform Code of Military Justice or to administrative measures or sanctions, to include recoupment, under applicable regulations.  This regulation also states, in pertinent part, that participation in the New STRAP will terminate on successful completion of the specialized training program, if not terminated earlier.  Early termination of an officer’s participation in the New STRAP must be directed or approved by HQDA (DAPE–MPO) acting on behalf of the Secretary of the Army. Such early termination may only be for one or more of the following reasons:  Participation in the New STRAP may be terminated if an officer fails to complete a specialized training program and either is released from the training program; voluntarily stops training in the specialty designated in the participant’s New STRAP agreement; fails to meet or maintain the eligibility requirements for the New STRAP to include, but are not limited to membership in good standing in the Ready Reserve; attendance in good standing at the specialized course of training; becomes an unsatisfactory participant under the provisions of Army Regulation 135–91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures); or participation may be terminated by HQDA (DAPE–MPO) acting on behalf of the Secretary of the Army, if such an action is in the best interest of the Government.  It should be noted that there is no provision of regulation that provides an exception to the recoupment requirements to officers who are separated for medical disqualification.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be refunded the STRAP payments that he repaid the Government.

2.  When the applicant was discharged on 15 May 2005, his STRAP agreement was terminated uncompleted, which necessitated recoupment action be taken.

3.  Notwithstanding the advisory opinion from the United States Army Human Resources Command, Army Regulations do not provide an exception to the recoupment requirements to officers who are separated for medical disqualification.

4.  Evidence of record clearly shows that the applicant never intended on fulfilling his STRAP obligation, and the fact that he subsequently became medically disqualified after failing to comply with his STRAP contract from 1 July 1997 to 
10 March 2005 is not a sufficiently mitigating factor to repay him a portion of his STRAP debt for the portion of his service obligation that he could not complete due to medical disqualification.

5.  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.

6.  In view of the foregoing, there is no basis for granting relief to the applicant in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JA___  ___JM __  __WC ___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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.




____ James Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20060012499
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070712
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
128.0000.0000
2.

3.

4.

5.

6.