IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100025671
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 payment of his last $10,000.00 incremental payment of his Health Professionals Loan Repayment (HPLR) contract.
2. The applicant states his request to have this paid has been denied by his chain of command.
3. The applicant provides excerpts from his military records and copies of email correspondence.
CONSIDERATION OF EVIDENCE:
1. He was commissioned in the U.S. Army Reserve on 2 May 2000 as a captain, Medical Corps, and he signed a $50,000.00 HPLR contract, payable in two $20,000.00 increments and one $10,000.00 increment. In a contract amendment, it was stated that when participating in the Specialized Training Assistance Program (STRAP) he must extend his STRAP obligation to continue to receive HPLR incentives. This contract also specified that in order to receive HPLR benefits, he must be assigned to the Selected Reserve (SELRES).
2. On 1 July 2000, the applicant completed a STRAP contract. In conjunction with his STRAP contract, he executed a STRAP Extension Statement in which he extended his military service obligation (MSO) based on receiving benefits from both the STRAP and HPLR programs. This form shows his STRAP obligation start date was 15 July 2003.
3. On 3 May 2005, the U.S. Army Reserve Command (USARC) informed the applicant he had been overpaid for his HPLR. USARC explained that while he signed his HPLR contract on 2 May 2000, it was not effective until he was assigned to the SELRES on 12 July 2001. As such, he was only in the SELRES for 2 years before entering the STRAP obligation period on 12 July 2003. USARC continued that because he was supposed to receive $20,000.00 a year for the first 2 years of the contract and $10,000.00 for the last year, he was only entitled to $40,000.00. Since he was given $50,000, he owed the Government $10,000.00.
DISCUSSION AND CONCLUSIONS:
1. The applicant's HPLR contract specified that he would receive $20,000.00 a year upon his assignment to the SELRES for the first two years, and $10,000.00 for the last year.
2. USARC states that the applicant was not assigned to the SELRES until 12 July 2001. Therefore, his first anniversary payment was due on 12 July 2002 and his second anniversary payment was due on 12 July 2003.
3. Since the applicant's STRAP obligation period started on 12 July 2003, he was not entitled to his final $10,000.00 HPLR payment as an individual cannot collect both benefits at the same time.
4. Since the applicant's lending institution for his student loans was erroneously paid $50,000.00 under the HPLR program, $10,000.00 was properly collected from him.
5. In view of the foregoing, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20100025671
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ABCMR Record of Proceedings (cont) AR20100025671
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