RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060013274 


	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. Gerard W. Schwartz

Acting Director

Mr. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. David K. Haasenritter

Member

Mr. Edward E. Montgomery

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 the recoupment actions by the Defense Finance and Account Center (DFAS) for her Specialized Training Assistance Program (STRAP) be terminated.

2.  The applicant states, in effect, that the records should indicate that the payback period was completed.  She states, in effect, that she was assigned to a unit in Spokane, Washington attending her drills at Washington University Hospital.  Also, she completed her summer drills at Walter Reed Army Medical Center (WRAMC).  She was terminated for the convenience of the Army without any basis for recoupment.

3.  The applicant provides 10 enclosures, which she lists in a table of contents. 

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the Army Board for Correction of Military Records (ABCMR) correct the applicant's records to show that her military obligation under STRAP was fulfilled and that no recoupment or collection is authorized.

2.  Counsel states that the applicant entered the Army Reserve in 1981.  She then enrolled in STRAP in 1991 and thereafter completed her training in 1994.  Counsel states, in effect, the applicant completed every assignment she was given and improved her medical skills by becoming a certified anesthesiology.

3.  Counsel states that in 2003 when the applicant was assigned to a unit in Spokane, she did her weekend drills at the University of Washington Medical Center in Seattle, Washington.  Also, she spent her last summer drill at WRAMC. She performed her duties without any problems and she received excellent reviews.

4.  Counsel states, in effect, that on July 2003, the applicant had a physical examination.  As a result of the physical examination the applicant was given a permanent physical profile with numerical designation of "3."  In December 2003, the applicant received notification that she was unfit for retention and that she had to make an election regarding her medical disqualification.  On  
17 February 2004, the applicant made her election for an honorable discharge from the U.S. Army Reserve.  Several months later the applicant started to receive a series of demands for recoupment from DFAS demanding repayment of more than $50,000.00 worth of STRAP stipends.

5.  Counsel provides excerpts of the applicant's statement, pay account statement, discharge orders, and notification of medical unfitness for retention.  The applicant indicated in her statement that she did not sign any debt repayment program and she does not believe she owes the Army any amount of money that is in default or otherwise.  She further states that if there was any type of repayment pending, the Army foreclosed from collecting it.  The Army decided to discharge her for medical reasons, thereby precluding her from completing any such contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a second lieutenant, United States Army Reserves, on 20 October 1980.  On 1 July 1991 she signed a STRAP contract in which she accepted $37,344.00 in exchange for becoming qualified in AOC 60N and serving in the Ready Reserve for three years.

2.  The applicant's records show that she was a STRAP participant from 1 July 1991 to 30 June 1994.  

3.  On 27 May 1998, the applicant was promoted to major, United States Army Reserves.

4.  In an email transmittal between the board staff and a member from the Office of the Deputy Chief of Staff for Personnel, U.S. Army Human Resources Command, dated 2 March 2007, it was stated that the applicant had not participated satisfactorily during her STRAP.  During this time the Office of the Surgeon General (OTSG) recommended recoupment of her STRAP.  The email states "SM would not be credentialed for her 60N (AOC we paid STRAP)."

5.  According to the email, in July 2000, a debt was established against the applicant.  On September 2001, the applicant was appointed as an Anesthesiologist Consultant.  By November 2001, the recoupment was stopped and renegotiation was initiated.  The applicant then consulted with her counsel to dispute the amount of time she would have to serve to satisfy her STRAP obligation.  Upon renegotiation, the applicant's obligation was established as  
30 October 2008.

6.  The email further states that in October 2002, the applicant completed an evaluative annual training and she met the Area of Concentration requirements.

7.  On 28 July 2003, the applicant had a regular physical examination which indicated she had a medical condition(s) that did not meet the medical fitness standards of Army Regulation 40-501 (Standards of Medical Fitness), paragraph 3-27a(2c), and 3-32c.  It was also stated that the applicant should be referred to a non-duty Physical Evaluation Board (PEB).  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 her non-duty related medical disqualification by a PEB.

8.  On 17 February 2004, the applicant elected to receive an honorable discharge from the U.S. Army Reserve.  On 25 April 2004, the applicant was honorably discharged from the U.S. Army Reserve.   The applicant's pay account statement dated 7 September 2006 shows a past due account that is now delinquent in the amount of $54,190.77.

9.  Army Regulation 40-501, paragraph 3-27a(2c), and 3-32 states, in pertinent part, that Asthma is a clinical syndrome characterized by cough, wheeze, or dyspnea and physiologic evidence of reversible airflow obstruction or airway hyperactivity that persists over a prolonged period of time (generally more than  
6 to 12 months).  Chronic asthma is cause for a permanent P–3 or P–4 profile and Medical Evaluation Board/PEB referral if it results in inability to run outdoors at a pace that meets the standards for the timed 2-mile run despite medications.  The P–3 for the inability to perform the run refers to the inability due to asthma and should not be confused with giving an L2 or L3 based on an underlying orthopedic condition that requires an alternate Army Physical Fitness Test (APFT).

10.  Paragraph 3-32 of the same regulation states, in pertinent part, that mood disorders are cause for referral to an MEBD if persistence or recurrence of symptoms sufficient to require extended or recurrent hospitalization; or persistence or recurrence of symptoms necessitating limitations of duty or duty in protected environment; or persistence or recurrence of symptoms resulting in interference with effective military performance.

11.  Army Regulation 135-7 (Incentive Awards), 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.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was a STRAP participant from 1 July 1991 to 30 June 1994, she did not complete the term of her STRAP contract by being credentialed in AOC 60N.  As such, recoupment action was taken on her STRAP.

2.  In 2001, the applicant renegotiated her STRAP to allow her to complete the terms of the contract by serving in the United States Army Reserve until  
30 October 2008.

3.  When the applicant was discharged on 25 April 2004, her STRAP agreement was terminated uncompleted, which necessitated recoupment action be taken.

4.  Army Regulations do not provide an exception to the recoupment requirements to officers who are separated for medical disqualification.

5.  However, the applicant could have requested a PEB.  If she had opted for a PEB, she may have been retained in an active status and completed her STRAP obligation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__pms___  ___eem_  ___dkh___  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.





_________Paul M. Smith___________
          CHAIRPERSON




INDEX

CASE ID
AR20060013274
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
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.