IN THE CASE OF:
BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130004264
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 his records to reflect his eligibility and approval for Health Care Professionals Loan Repayment Program (HPLRP) benefits.
2. The applicant states, in effect, that he completed the U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement) and USAREC Form 1169 (Loan Information and Verification Form - Department of Defense - Armed Forces HPLRP) at the time of his commissioning in order to receive a bonus and HPLRP benefits.
3. He goes on to state that he received his bonus and when he inquired about the HPLRP benefits he assumed he was going to receive upon completion of his nursing degree, he was told he was not eligible. He filed for an exception to policy with the National Guard Bureau (NGB) and it was declined on
15 November 2012 due to the lack of a written agreement.
4. The applicant provides a list of documents submitted with his application on page 5 of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant served as a medical specialist in the Regular Army from 1 October 1982 until he was honorably released from active duty (REFRAD) on 30 September 1985.
2. On 23 October 2008, he was appointed as an Army Nurse Corps first lieutenant in the Texas Army National Guard (TXARNG).
3. A review of the applicant's official records failed to show any contracts or forms associated with his appointment. However, he submits documents with his application showing that at the time of his commissioning, he completed a USAREC Form 1169 for the HPLRP.
4. In the processing of this case, a staff advisory opinion was obtained from the NGB which provides, in effect, that a review of the applicantÂ’s case revealed that there was intent for the applicant to be awarded HPLRP benefits and he was eligible for the benefits. Officials at the NGB recommend that his records be corrected to indicate a current and correct contract (DA Form 5536 (Agreement Health Professionals Loan Repayment)) for HPLRP benefits with an effective date of 22 July 2008, provided he still meets the eligibility criteria for the HPLRP that were in place in July 2008. The TXARNG concurred with this recommendation.
5. 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 he entered into an agreement for the HPLRP 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 or never completed based on the documents provided by the applicant.
3. It is also noted by the NGB in an advisory opinion that the applicant was eligible for the HPLRP, that it was intended for him to receive the incentive, and that it appears that the proper forms were not completed. Both the NGB and the TXARNG agree that he should receive the incentive provided he still meets the criteria in effect in 2008.
4. Accordingly, it would serve both justice and equity to show incentive addenda were prepared to provide him the HPLRP incentive, to enter them into his official records, and to pay the incentive as it becomes due.
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 all Department of the Army and State ARNG records of the individual concerned be corrected by showing incentive addenda were properly and timely prepared authorizing the applicant the HPLRP incentives that were in effect at the time of his original appointment on 22 July 2008, and paying the incentives due him 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.
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