IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20090019411 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a conditional release from the Individual Ready Reserve (IRR) so she may serve the remainder of her Armed Forces Health Professions Scholarship Program (AFHPSP) contractual obligation on active duty in the Commissioned Corps of the U.S. Public Health Service (USPHS).

2.  The applicant states her current AFHPSP contractual obligation until 23 June 2013, requires nothing of her, her medical expertise, or her professional services except to remain in a static role for the next 3 1/2 years.  She states a release from the IRR would allow her to serve her country and utilize her medical educational and experience for the greater good of the country and her own professional development.   She states she fully understands her contract obligating her to serve in the IRR until 2013; however, she intends to serve her AFHPSP contractual obligation in a different capacity as an active duty commissioned officer of the USPHS.

3.  The applicant provides copies of:

* her USAREC Form 1131 (Department of the Army Service Agreement, 
F. Edward Hebert Armed Forces Health Professions Scholarship Program (AFHPSP)), dated 15 May 2003
* her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 August 2008
* her DA Form 368 (Request for Conditional Release), dated 24 October 2008
* her letter, dated 30 October 2008, to her Congressional representative
* a letter, dated 26 November 2008, from the Director, Army Medical Department (AMEDD) Directorate, U.S. Army Human Resources Command (USA HRC), St. Louis, MO, to her Congressional representative
* a letter, dated 16 October 2009, from the Chief, Veterinary Corps Branch, USA HRC, Alexandria, VA
* Army Board for Corrections of Military Records (ABCMR) Docket Number AR2009001318, dated 23 April 2009

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she was commissioned a second lieutenant in the U.S. Army Reserve (USAR) on 7 May 2003.  On 15 May 2003, she executed a service agreement in which she agreed to enter the AFHPSP leading to a degree in veterinary medicine.  

2.  She acknowledged that she understood that in return for her 2 academic year scholarship in the AFHSPS, she would serve 3 years on extended active duty and 5 years in the Individual Ready Reserve (IRR), unless it is mutually agreed that the portion of service in the IRR shall be served on active duty or in the Selected Reserve.  

3.  The AFHPSP is a program that offers full financial support in exchange for future service as a physician, dentist, nurse practitioner, or other specialty.  Following verification of eligibility for a commission including physical and academic qualifications, an applicant is placed on inactive Reserve status while under fully-funded training at the student's university.

4.  The applicant’s records show she successfully completed a Doctor of Veterinary Medicine degree at the Louisiana State University and A & M College on 16 May 2005.  

5.  The applicant was ordered to active duty effective 24 June 2005 as a captain/O-3, Veterinary Corps for a period of 36 months as an obligated volunteer officer to fulfill her active Army requirement.

6.  On 17 August 2008, the applicant was discharged from the Regular Army.  She had completed 3 years, 1 month, and 24 days of active service that was characterized as honorable.  On 17 August 2008, she was appointed a captain in the USAR, Veterinary Corp effective 18 August 2008.  She is currently assigned to the USAR Control Group (Reinforcement).

7.  The applicant's DD Form 368 shows that on 3 September 2008, she requested a conditional release from the IRR to process for the Commissioned Corps of the USPHS.  On 24 October 2008, her request was disapproved by the AMEDD Director because she has a contractual obligation for AFHPSP until 
23 June 2013.

8.  On 30 October 2008, the applicant requested assistance from her Congressional representative to obtain a conditional release from the USAR in order to accept a position and be commissioned as an active duty officer in the USPHS.

9.  On 26 November 2008, in a response to the applicant's Congressional representative, the Director, AMEDD Directorate, USA HRC, St. Louis stated the applicant's AFHPSP contract specifically stated she would serve 3 years on active duty and 5 years in the IRR or the Selected Reserve (SELRES) unless it is mutually agreed that the portion of the service in the IRR shall be served on active duty or in the SELRES.  The Director stated the funding for her scholarship came from the Army fund sites and could not be repaid by service to the USPHS. He stated her contractual obligation to the U.S. Army expires on 23 June 2013 and she may request to transfer to another service at that time.

10.  In a memorandum, dated 16 October 2009, to the ABCMR from the Chief, Veterinary Corps Branch, USA HRC, Alexandria, the Chief expressed the full support of the U.S. Army Veterinary Corps for a conditional release for the applicant from the IRR to accept a commission as an active duty officer in the Commissioned Corps of the USPHS.  The Chief stated the applicant had completed a 2-year tour at Charleston Air Force Base and a 1-year tour in South Korea.  The Chief stated that although she recognized the IRR as a critically important component of the U.S. Army during times of severe national crisis, it is not the intended policy of the U.S. Army Veterinary Corps to involuntarily activate veterinary officers from the IRR.  The Chief recommended approval of the applicant's conditional release under the condition she serves the remaining 
3 1/2 years of her AFHPSP contractual obligation to the U.S. Army as a commissioned officer of the USPHS.

11.  The Department of Health and Human Services (HHS) is the U.S. government's principal agency for protecting the health of all Americans and providing essential human services, especially for those who are least able to help themselves.  Some of the Department's agencies are the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Center for Disease Control and Prevention (CSC), the Indian Health Service (IHS), and the USPHS Commissioned Corps.

12.  The USPHS Commissioned Corps is an elite team of more than 6,000 full-time, well-trained, highly-qualified public health professionals dedicated to delivering the Nation's public health promotion and disease prevention programs and advancing public health science.  Driven by a passion for public service, these men and women serve on the frontlines in the Nation's fight against disease and poor health conditions.  As one of America's seven uniformed services, the Commissioned Corps fills essential public health leadership and service roles within the Nation's Federal Government agencies and programs.  The Corps has officers in many professions, including physicians, dentists, nurses, pharmacists, engineers, dieticians, mental health specialists, psychologists, and clinical social workers.

13.  Army Regulation 135-175 (Separation of Officers) provides policy, criteria, and procedures for the separation of officers of the Army National Guard of the United States (ARNGUS) and the USAR, except for officers serving on active duty or active duty training exceeding 90 days.  Chapter 6 of this regulation prescribes the means and procedures governing the submission of resignations which may be submitted by Reserve officers of the Army.  

	a.  Paragraph 6-4 states that officers may submit a conditional resignation to obtain a conditional release for any one of the following purposes:  to apply for appointment in a regular component of another Armed Force, the Regular or Reserve component of the U.S. Public Health Service, or the Environmental Science Services Administration; or to apply for enlistment in a Regular or Reserve Component of another Armed Force. 

	b.  Paragraph 6-6 states that an obligated officer who has performed his or her required period of active duty or active duty for training may be granted a conditional release:

      * to apply for enlistment or appointment in a Regular component of another Armed Force 
      * for appointment in the Regular component of the U.S. Public Health Service or in the Environmental Science Services Administration 
      * for appointment in the Reserve component of the U.S. Public Health Service provided the officer has special experience or professional, educational, or technical background which is clearly of greater use to the gaining service and which outweighs the value of his or her previous training


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her conditional release from the IRR should be approved so she may serve her AFHPSP contractual obligation on active duty in the Commissioned Corps of the USPHS.

2.  On 15 May 2003, the applicant executed a contractual agreement in which she agreed to serve 3 years on active duty and 5 years in the IRR in return for her AFHPSP scholarship.  She successfully completed her 3 years active duty obligation; however, she has not completed his IRR obligation.  

3.  The applicant has shown a willingness to use her expertise and serve in a different capacity as a commissioned officer of the USPHS.  In view of the expression of support for favorable consideration given by the Chief, Veterinary Corps Branch, USA HRC, and since the applicant has already completed her 3 years of active Army service, she should be allowed a release from the IRR to be effective upon her acceptance into the USPHS. 

4. As a matter of equity, the applicant's acceptance into and service as a commissioned officer of the USPHS for a period not less than that remaining on her contractual obligation required by her AFHPSP would be considered to have met that obligation.

BOARD VOTE:

____x____  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant's DD Form 368 for conditional release from the IRR to process for the Commissioned Corps of the USPHS is approved effective the date of this decision.



      _______ _   x_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20090019411





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ABCMR Record of Proceedings (cont)                                         AR20090019411



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