BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120020445 


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, in effect, the Army repay student loans under the Health Professionals Loan Repayment (HPLR).

2.  The applicant states:

	a.  she joined the Oregon Army National Guard (ORARNG) in November 2006 with the sole intent to get the loan repayment option along with the bonus incentive plan.  She provided the ORARNG with all documents that were requested of her to get the bonus and HPLR and she signed the contract.  She was told that everything would be taken care of and she began to receive the bonuses in 2006.  She received bonuses yearly per her contract.

	b.  in 2010, the first student loan payment did not get paid.  She went to her local unit and made inquiry.  She was told the contract was invalid and therefore would not be paid.  She filed an Inspector General complaint and her request was declined due to the contract being invalid because the HPLR was unsigned.  

3.  The applicant provides:

* Letter, dated 23 October 2012, from the Office of the Inspector General, National Guard Bureau (NGB)
* Letter, dated 24 October 2012, from the Special Branch recruiter at the time in question
* Memorandum, dated 17 November 2006, for Medical Recruiting Battalions
* Oaths of Office, dated 24 October 2006 and 14 November 2006
* Incentive documentation
* Selected Reserve Special Pay Program Contract
* DD Form 2475 (Department of Defense (DOD) Educational Loan Repayment Program (LRP) Annual Application)
* DD Form 5536-R (HPLR Agreement)
* Amendment to DD Form 5536-R, dated 13 November 2006
* Direct Deposit Sign-Up Form
* Form W-4 (Employee's Withholding Allowance Certificate)
* Letter, dated 20 December 2006, from the ORARNG
* Active duty orders, dated 3 January 2007
* DA Form 1059 (Service School Academic Evaluation Report)
* Army Physical Fitness Test Scorecard
* DA Form 5501-R (Body Fat Content Worksheet) 

CONSIDERATION OF EVIDENCE:

1.  On 14 November 2006, the applicant was appointed as a first lieutenant in the ORARNG and she signed a $50,000.00 HPLR contract payable in two $20,000.00 increments and one $10,000.00 increment.  Section IV (Authentication) of her DA Form 5536-R was not authenticated by the Appointing Commissioning Official (Special Branch recruiter).    

2.  She provided a memorandum for Medical Recruiting Battalions, dated 
17 November 2006, which shows she was eligible to commission in the ARNG with the HPLR and bonus incentives.

3.  She was promoted to captain on 6 January 2009.

4.  She was ordered to active duty on 11 September 2011 in support of Operation Enduring Freedom.  She served in Afghanistan from 7 October 2011 to 24 December 2011.  On 8 January 2012, she was released from active duty. 

5.  She provided a letter, dated 23 October 2012, from the Office of the Inspector General, NGB that states:

	a.  in reviewing her documents, that office found that several of her documents were not signed.  Her documents were missing signatures on the DA Form 5536-R (HPLR Agreement) and memorandum for incentive control number.  If the agreement is not signed it "shows no intent of the government to offer that incentive."


	b.  the NGB incentive branch had no record of receiving her packet; as a result, there was not authorization to repay her loan.  

	c.  there is no exception to policy for documents missing signatures on the written agreement.  Even though the fault may not have been the applicant's this agreement should have been signed in 2006 and initial payment started in 2009.

	d.  she was instructed to apply to the Army Board for Correction of Military Records (ABCMR) to correct this authorization.

6.  She also provided a letter, dated 24 October 2012, from the Special Branch recruiter at the time in question, who states:

* she was the Special Branch recruiter in 2006 responsible for the accession of the applicant
* during the applicant's accession she was approved via Federal Recognition for HPLR and a bonus
* her office completed all accession documentations with the intent to process the applicant for all incentives she was/is due
* she failed to sign all documents at the time
* this in no way should negate the incentives the applicant was previously awarded via the Federal Recognition process
* she will complete whatever needs doing in conjunction with the current Special Branch recruiter for ORARNG to assist in getting the applicant her due 
 
7.  She was honorably separated from the ARNG on 16 January 2013 and transferred to the USAR.

8.  On 29 January 2013, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB.  The advisory official states:

	a.  the applicant accepted and signed her Department of Defense Educational Loan Repayment Program application and HPLR agreement on 14 November 2006 and she signed the amendment to her HPLR agreement on “13” November 2006.  She received her bonus payments in 2007 and 2008.  However, when it was time to receive her HPLR she was informed that her addendum was never signed by the Special Branch recruiter. 





	b.  the Special Branch recruiter admits she neglected to sign the forms to continue the processing of the applicant's HPLR benefits.  The applicant should not be penalized for an error made by the State's recruiting office.  She completed everything she was directed to complete in order to receive her HPLR.  A memorandum from the ARNG Army Medical Department Accessions Board, dated 17 November 2009, states her commissioning incentives were HPLR and a bonus.

	c.  due to the fact the applicant commissioned under the assumption she would be receiving HPLR as documented on her DA Form 5536-R, and she commissioned prior to 26 October 2011, she should be afforded the benefits of the HPLR.

9.  The advisory official recommends her military records be corrected to reflect the HPLR effective on the date of her commissioning with the ORARNG on 
14 November 2006.

10.  The advisory opinion was furnished to the applicant for comment.  The applicant responded on 13 February 2013 and agreed with the advisory opinion.

11.  Army Regulation 135-7 (Incentive Programs) states the HPLR Program is designed to repay designated loans secured by eligible commissioned officers assigned to the Selected Reserve.  Paragraph 7-2 states that effective 1 July 1986 the HPLR Program provides for the repayment by the government of outstanding loan(s) that were secured after 1 October 1975.  
 
DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was commissioned in the ORARNG on 
14 November 2006 for the HPLR in the amount of $50,000.00.  

2.  Through no fault of the applicant's, it was later determined she was not eligible for the HPRL because her HPLR agreement was not signed by the Special Branch recruiter.

3.  She was offered the HPLR incentive at the time of her commission and did absolutely nothing wrong.  The Appointing Commissioning Official (Special Branch recruiter) admits she neglected to sign the form.  Therefore, in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's military records to show the Appointing Commissioning Official authenticated her DA Form 5536-R on 
14 November 2006.  

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by amending her DA Form 5536-R to show the Appointing Commissioning Official authenticated the form on 14 November 2006 and to pay the loans, out of 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)                                         AR20120020445





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ABCMR Record of Proceedings (cont)                                         AR20120020445



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