IN THE CASE OF: 

		BOARD DATE: 5 September 2013

		DOCKET NUMBER:  AR20130000854 


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 issuance of her Health Care Professional Loan Repayment Plan (HPLRP) benefits in accordance with her contract.

2.  The applicant states she originally contracted and accessed into the Washington Army National Guard (WAARNG) under the Specialized Training Assistance Program (STRAP) and the HPLRP as an Army Nurse.  She served her STRAP obligation and applied for her HPLRP but was denied because the program had been cancelled, but based on her contract and original accession, she is contractually entitled to the HPLRP and she should still be able to participate.

3.  The applicant provides:

* 30 July 2006 Consolidated Loan Verification Certificate
* 2 June 2008 U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement)
* 13 June 2008 USAREC Form 1169 (Loan Information and Verification Form Department of Defense Armed Forces Health Professions Loan Repayment Program (HPLRP))
* 21 August 2008 memorandum, subject:  Results of 21 August 2008 AMEDD Accessions Board held for the Army National Guard 
* 27 September 2011 DA Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) with Student Loan Aid Summary
* 8 July 2012 Amendment to DA Form 5536-R (Agreement Health Professionals Loan Repayment (HPLR)) 

CONSIDERATION OF EVIDENCE:

1.  The applicant is an Army Nurse Corps captain/O-3 in the WAARNG.

2.  A 2 June 2008 USAREC Form 1252 shows she elected to receive the STRAP and HPLRP incentives.  The form was also signed by Sergeant First Class Lynn A. W____ as the Recruiter.

3.  She executed the Oath of Office as a second lieutenant on 19 September 2008.

4.  In support of her request, the applicant provided:

	a.  A 13 June 2008 USAREC Form 1169, in which she indicated that she had a 20 June 2006 loan in the original amount of $10,990.68 and a 7 August 2008 loan in the amount of $10,532.84.  The accuracy of the loan information was certified on 7 July 2008 by Cindy K____, Account Specialist.

	b.  A 21 August 2008 memorandum from Colonel Raphael C. M____, Director of Health Services, showing the applicant was selected by the 21 August 2008 Army Medical Department (AMEDD) Selection Board and was eligible for a commission.  The applicant was approved for the STRAP and HPLRP incentives.

	c.  A 27 September 2011 DD Form 2475 in which the applicant stated she had one U.S. Department of Education student loan in the amount of $26,055.02. The original date of the promissory note was 15 July 2007.

	d.  An 8 June 2012 DA Form 5536 showing the applicant agreed to the terms of the HPLR Program.  In an amendment to the DA Form 5536, she indicated she understood the aggregate amount of repayment under the agreement is $10,000 per year for the first two annual payments and the third would be no more than $10,000 or the remaining balance of the loan(s).  The total program repayments for all years will not exceed the maximum amount authorized of $30,000.

5.  In the processing of this case, on 16 January 2013, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, Virginia.  The advisory official recommended the applicant be granted relief.  The official states:

	a.  The applicant was commissioned in the WAARNG on 21 August 2008, with the intention of receiving the HPLRP.  She signed the National Guard Incentives Statement on 2 June 2008.  She requested to receive benefits under STRAP and the HPLRP.  She was board approved by USAREC to access as an Army Nurse Officer with STRAP and HPLRP incentives on 21 August 2008.  The USAREC Form 1169 the applicant signed on 13 June 2008 is not the Reserve Component HPLRP agreement.

	b.  The applicant applied for her HPLRP benefits after she completed her STRAP obligation.  She was denied the HPLRP benefits because she had completed the wrong HPLRP documents.  She attempted to correct the error by signing the correct form (DA Form 5536-R) on 8 June 2012.  She was not eligible to correct the error by signing the proper form since effective 26 October 2011 nurses were removed from the ARNG's Critical Wartime Shortage List.

	c.  The applicant accepted the commission under the assumption that she would be receiving the HPLRP as documented on her DA Form 5536 and she commissioned prior to 26 October 2011.

	d.  She should be afforded the benefits of the HPLRP.  Her records should be corrected to reflect the HPLRP effective 21 August 2008, the date of her commissioning with the WAARNG.

6.  On 17 January 2013, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant entered into a contract with the understanding she was entitled to the benefits of the HPLRP.

2.  The applicant was not responsible for the use of the wrong form during the recruitment process; the recruiter was.  No serious error or misunderstanding resulted from the use of the wrong form.  (NGB observed that the wrong form was used, not that the applicant was unqualified or the incentive was not available).  Furthermore, if something untoward might have resulted from the use of the wrong form, AMEDD had the responsibility of determining that the error was material before the applicant accepted the commission.

3.  It would be appropriate to correct the applicant's military records to show she remains entitled to the benefits of the HPLRP.


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:

   a. showing the applicant submitted a properly-completed DA Form 5356-R and the WAARNG approved payment of her student loans in accordance with the HPLRP addendum and 

   b. processing her paperwork for repayment of her current eligible student loans as a result of the above correction and paying those 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)                                         AR20100023889



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ABCMR Record of Proceedings (cont)                                         AR20130000854



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