IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007223
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 correction of her records to reflect her entitlement to the Health Professional Loan Repayment (HPLR) Program and an officer accession bonus (OAB).
2. The applicant states, in effect, she elected to receive the HPLR for the first 3 years and the OAB for the second 3 years when she was being processed by the Army Medical Department (AMEDD) recruiting office. She states the Army paid $40,000.00 to her lender in one lump sum and there is still a $10,000.00 balance remaining. However, her contract and bonus addenda are not present in her official records. The recruiting office and unit cannot locate a copy of her contract and it has not been downloaded into the interactive Personnel Electronic Records Management System (iPERMS) or the Information Management and Reporting Center (iMARC). She also states she does not believe that she should be penalized because her unit does not have a copy of her contract when she knows she signed one.
3. The applicant provides copies of the 7-9 August 2007 AMEDD Accession Board for the Army National Guard (ARNG), email messages, her retirement point credits, and her Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a first lieutenant in the Florida ARNG (FLARNG), Army Nurse Corps, on 25 September 2007.
2. A review of her official records shows no evidence of the applicant entering into any programs or being offered any bonuses. She was promoted to the rank of captain on 16 October 2012.
3. In the processing of this case a staff advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, which confirms the applicant was eligible to receive the HPLR and OAB; however, the incentive addenda were never downloaded into iPERMS or iMARC. The FLARNG and the Office of the Deputy Chief of Staff, G-1, recommend approval of the applicant's request and granting the final portion of her HPLR incentive and her OAB. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that she entered into an agreement for the HPLR Program and an OAB has been noted and appears to have merit.
2. Although there are no incentive addenda in the available records, it appears that there was an agreement that has since been misplaced based on the fact that $40,000.00 of her student loans has been repaid to date.
3. It is also noted by the Office of the Deputy Chief of Staff, G-1, in an advisory opinion that the applicant was eligible for both the HPLR Program and an OAB and both the Office of the Deputy Chief of Staff, G-1, and the FLARNG agree that she should receive both incentives.
4. Accordingly, it would serve both justice and equity to reconstruct antedated incentive addenda to provide her both incentives, to enter them into iPERMS and iMARC, and to pay the incentives to the applicant as they become due.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by creating antedated incentive addenda authorizing the applicant the HPLR Program incentives and OAB incentives that were in effect at the time of her original appointment on 25 September 2007 and paying the incentives due her from ARNG funds.
_______ _ 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) AR20120007223
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120007223
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130006413
The applicant states a. According to the ARNG AMEDD Officer Incentive Programs for FY08, she was eligible for both the HPLR and the Special Pay Incentive and would have received both if her paperwork had been completed correctly at the time of her accession into the ARNG. According to NGB Incentives Branch, she has a USAREC Form 1252 and USAREC board results which show the intent to contract for the Special Pay and the HPLR benefits.
ARMY | BCMR | CY2013 | 20130003645
Army Regulation 135-7 (Incentive Programs), paragraph 7-3(c) discusses eligibility and states applicants must "Execute [a] DA Form 5536-R." Paragraph 7-4 provides guidelines for applicability and states, "(a) To apply for participation in [the] HPLR Program, the eligible officer will complete [a] DA Form 5536-R. (b) The agreement should be executed on assignment to the Selected Reserve or thereafter meeting all eligibility criteria. Unfortunately, when the applicant signed for the special...
ARMY | BCMR | CY2014 | 20140010468
He provided a DA Form 2823, dated 15 April 2014, wherein he stated: * on or about 28 August 2006, he accepted a 2-year ROTC scholarship at the University of South Florida and received tuition, room and board, and a monthly stipend * on or about 17 May 2007, he entered the FLARNG through the SMP, which guaranteed him a commission in the ARNG upon his commissioning from the ROTC on 2 May 2008 * as a result of his transition into the SMP, his tuition was covered by the ROTC scholarship;...
ARMY | BCMR | CY2013 | 20130007052
The official also indicated there was no evidence the applicant executed a written agreement on the date of her appointment and a BCN had not been obtained until 2009. The advisory official recommended denial of the applicant's request for the second installment payment of the OAB. As a result, the Board recommends that the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing any recoupment action of the first...
ARMY | BCMR | CY2013 | 20130012701
The Director stated: * the MOS was not on the list of approved critical skills at the time of enlistment * a Bonus Addendum could not be found * a Bonus Control Number (BCN) was given which supported an incentive being offered at the time * a review of policy and her DD Form 4 supported an incentive being offered at the time 7. The advisory opinion further stated her DD Form 1966 and bonus addendum could not be found in her record, though her DD Form 4 supports an incentive being offered at...
ARMY | BCMR | CY2014 | 20140000264
On 27 March 2009, the applicant received an official memorandum for record notification stating that she was eligible for the special pay of $30,000.00 and HPLRP of $50,000.00 for a total of $80,000.00. The available evidence shows the applicant accepted a commission in the TNARNG under a contract stating she would be eligible to receive the HPLRP incentive. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected...
ARMY | BCMR | CY2013 | 20130020491
To qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer and the Addendum must contain a bonus control number. The evidence of record confirms the applicant was appointed as an FLARNG 2LT EN Corps officer in the critical AOC of 12B and he executed an oath of office on 8 May 2009. As a result, the Board recommends that all Department of the Army and Army National Guard records of the...
ARMY | BCMR | CY2014 | 20140020264
It does not show the SLRP incentive. It does not show the SLRP incentive. The contract did not indicate enlistment for the SLRP incentive.
ARMY | BCMR | CY2014 | 20140009872
He provides: * Memorandum, subject: ARNG AMEDD Officer Incentive Programs for Fiscal Year (FY) 2006-2007, dated 21 November 2005 * ARNG Health Professional Specialties with Critical Wartime Shortages * Authorized Substitutability List * Memorandum, Subject: Delegation of Signature Authority for Colonel R___ B_____, dated 4 December 2009 * Pending Health Professionals Bonus Recoupment Action Against the applicant, Executive Summary * DA Form 3575 (Certificate of Acknowledgement and...
ARMY | BCMR | CY2015 | 20150003685
The applicant requests, in effect, termination of her Health Professional Loan Repayment Program (HPLRP) contract and cancellation of the recoupment action that resulted from an overpayment of her education loans in the amount of $6,616. The applicant states, in effect: * when she signed her HPLRP contract on 29 September 2010, the Army Medical Department (AMEDD) Incentives Department informed her that her loans were qualifying * she anticipated her student loans in the amount of $34,856...