BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120012976 


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 show entitlement to the Medical and Dental School Stipend Program (MDSSP) incentive offered when she signed her contract on 19 October 2011.

2.  The applicant states:

* an oversight made by the Army Medical Department (AMEDD) regarding her eligibility for the MDSSP incentive caused the U.S. Army Recruiting Command (USAREC) board results to show she was ineligible
* a packet was sent to the National Guard Bureau (NGB) and she was paid for 6 months and she would now like to be considered for eligibility for the MDSSP incentive
* she signed an AMEDD Student Recruiter (ASR) agreement on 3 February 2010; however, the program was suspended
* on 4 March 2010, some devastating events occurred in her family and she filed for a legal separation for one year, followed by divorce
* she became the domiciliary parent and caregiver of her 3-year old daughter while attending medical school
* she received alimony until December 2011 
* she applied and was approved for the MDSSP stipend and began receiving monthly benefits in December 2011 until May 2012
* she was notified she was ineligible to receive the MDSSP incentive because she failed to annotate the appropriate block on her USAREC Form 1252 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement), dated 17 October 2009
* the MDSSP incentive kept her daughter taken care of for items such as food, bills, healthcare, etc., for the last 6 months and their financial stability depends on the MDSSP incentive

3.  The applicant provides:

* self-authored statements
* USAREC Board results
* NGB Form 337 (Oaths of Office), dated 28 January 2010
* DA Form 71 (Oath of Office – Military Personnel), dated 28 January 2010
* 3 memoranda from the Recruiting and Retention Command, Louisiana Army National Guard (LAARNG), Pineville, LA, dated 3 February 2010
* 2 USAREC Forms 1252, dated 17 October 2009 and 19 October 2011
* MDSSP Service Agreement, dated 19 October 2011
* USAREC Form 1105 (Specialized Training Assistance Program (STRAP) Enrollment Verification), dated 5 October 2009
* Orders Number 035-1129, Joint Forces Headquarters – Louisiana, Office of the Adjutant General, Camp Beauregard, Pineville, LA, dated 4 February 2010
* Memorandum from the Joint Forces Headquarters – Louisiana, Office of the Adjutant General, Camp Beauregard, Pineville, LA, dated 10 June 2012

CONSIDERATION OF EVIDENCE:

1.  Records show the applicant's STRAP studies in Pathology, Microbiology, Immunology, Parasitology, and Science and Practice of Medicine began on 5 August 2008 with an anticipated program completion date of 21 May 2012.  

2.  On 17 October 2009, the applicant executed a USAREC Form 1252 indicating she was not serving or had not incurred a military service obligation resulting from prior participation in the U.S. Army Health Professions Scholarship Program, Financial Assistance Program, Uniformed Services University of Health Sciences, Reserve Officers' Training Corps, Health Professional Loan Repayment Program, or Government-sponsored or non-sponsored Graduate Medical Education. 

3.  Her USAREC Form 1252 , dated 17 October 2009, also shows in Item 2 (available incentives), the entry "N/A" was used for Special Pay for Year 1 through Year 3, STRAP, Health Professional Loan Repayment Program, and MDSSP.


4.  On 11 January 2010, the applicant was selected for commissioning by the 
6-8 January 2010 Medical Corps/All Corps Selection Board for the Army National Guard.

5.  On 28 January 2010, the applicant was commissioned a second lieutenant (2LT) in the LAARNG.  

6.  Records show that on 3 February 2010, the applicant's recruiter requested an ASR control number.  

7.  On 19 October 2011, the applicant executed an MDSSP Service Agreement which shows she elected or acknowledged the following:

* she was scheduled to commence participation in the MDSSP on 15 November 2011
* she was scheduled to complete participation in the MDSSP on 12 May 2012
* she understood that if she did not elect to participate in STRAP that her MDSSP obligation would not begin until completion of her residency
* her service obligation incurred for the MDSSP stipend would be 1 year

8.  On 19 October 2011, the applicant executed a second USAREC Form 1252 which shows:

* the entry "N/A" was used for Special Pay for Year 1 through Year 3, STRAP, and Health Professional Loan Repayment Program
* the applicant placed her initials in item 2f indicating she wanted to received the MDSSP incentive

9.  On 10 June 2012, the LAARNG AMEDD Noncommissioned Officer provided a memorandum which shows:

	a.  Due to an oversight by the AMEDD office, the applicant was paid 6 months of MDSSP payments when she was not eligible for these payments when she was initially appointed in the Medical Services/Medical Corps (MS/MC) as a 2LT.

	b.  The applicant was interested in the ASR when she submitted her initial appointment packet in 2009, but she elected not to select MDSSP on her USAREC Form 1252, dated 17 October 2009, because she was going through a divorce at the time and needed to support her daughter.

	c.  The ASR Program was suspended and packets that had already been submitted to the NGB were put on a waiting list in hopes the program would be reactivated, but it never was.

	d.  In October 2011, the applicant inquired about the MDSSP because she was in her last 6 months of Medical School and she wanted to receive the MDSSP and STRAP when she started her residency program on 1 July 2012.  She completed the MDSSP packet on 19 October 2011.

   e.  The applicant has held up her end of the contract with the LAARNG and has been an outstanding Soldier who wishes to serve fellow Soldiers and her community. 

10.  During the processing of this case, on 6 May 2013, an advisory opinion was obtained from the Program Manager, Headquarters, U.S. Army Recruiting Command, Health Services Directorate.  The advisory official stated USAREC does not support the request and provided the following:

     a.  The applicant elected to not be considered for MDSSP as can be seen on the USAREC Form 1252, dated 17 October 2009.  Therefore, she was not considered for the MDSSP incentive by the USAREC board which convened on 6 January 2010.  

     b.  The applicant's incentive is listed as "ARNGEP" which was the "ASR" AMEDD student recruiter program no longer in effect and is now a designation used for those who are currently in medical school who did not elect the MDSSP incentive. 

     c.  USAREC cannot retroactively go back and arbitrarily change the board results because an applicant later changed his or her mind.  In addition, there is no way for USAREC to determine whether the applicant would have been selected for MDSSP if the packet had been boarded with the MDSSP incentive on 6 January 2010.  The issue is not whether the applicant met the eligibility requirements for MDSSP at the time of the board, but rather that she declined consideration for the MDSSP incentive.

	d.  The MDSSP Service Agreement and USAREC Form 1252, signed and dated on 19 October 2011, were invalid as the LAARNG had no authority to allow the applicant to sign or execute the form/program, due to the fact that she had not been selected by a USAREC board.  When the applicant contacted the LAARNG in October 2011 and indicated she wanted MDSSP, a packet should have been submitted to USAREC for boarding.  There is no guarantee that a board would have approved her request for MDSSP for her last 6 months of medical school.

11.  On 8 May 2013, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond within the allotted time.

12.  The applicant provides self-authored statements, extracts of her records, and statements from her recruiter outlining the applicant's circumstances.

13.  Title 10, U.S. Code, section 16201 is the statutory authority for the health professions stipend program for Reserve component commissioned officers serving in the health professions.  The Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry or training in a health professions specialty that is critically needed in wartime.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have her records corrected to show entitlement to a 2009 MDSSP incentive was carefully considered.

2.  The applicant chose not to elect any of the special pay incentives offered for Years 1 through Year 3 when she executed her USAREC Form 1252 on 17 October 2009.  Further, she and her recruiter authenticated the form by placing their signatures in the appropriate blocks.

3.  The USAREC Form 1252, dated 19 October 2011, has been determined to be invalid due to the fact that she had not been selected by a USAREC board which would have approved her incentive. 

4.  Therefore, it would not be appropriate or serve the interest of all those who faced similar circumstances to grant the requested relief based on an invalid document.

5.  In view of the above, there is no basis for granting the 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 that 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)                                         AR20120012976



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ABCMR Record of Proceedings (cont)                                         AR20120012976



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