IN THE CASE OF:	  

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20130005258 


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 Office of the Surgeon General (OTSG) Form 1093 (Armed Forces Service Agreement - Retention, Department of the Army, Armed Forces Active Duty Health Professions Loan Repayment (AD-HPLR) Program to show she did not have a 2-year active duty service obligation (ADSO) at the time she accepted the AD-HPLR and that she be allowed to resign her commission. 

2.  The applicant states the OTSG Form 1093 has an incorrect previously-incurred service obligation calculated as of 4 August 2010 to be 2 years and 20 days of active duty and 3 years and 2 days in the Individual Ready Reserve (IRR).  Her original active duty order was for 18 September 2007 through 26 September 2010, her expiration of term of service (ETS) date.  She received AD-HPLR for 2 years which added 1 year of service for a total of 2 years of ADSO, thus establishing her ETS as 26 August 2012.  Her original orders were for 3 years plus the 2 years for the AD-HPLR plus 3 years in the IRR equals the standard 8-year contract. 

3.  The applicant provides:

* Officer Record Brief (ORB)
* Orders A-09-719229 (2007 orders to active duty)
* 2010 OTSG Form 1093
* Email exchange with OTSG and the U.S. Army Human Resources Command (HRC)

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Regular Army Medical Services Corps (MS) commissioned officer and executed an oath of office on 25 September 2007.  

2.  Prior to executing the oath, HRC-St. Louis published Orders A-09-719229 on 18 September 2007 ordering her to active duty for a period of 3 years effective 27 September 2007 to fulfill active duty requirements.  Her beginning date is shown as 27 September 2007 and ending date as 26 September 2010. 

3.  She entered active duty on 27 September 2007 and was assigned to Beaumont Army Medical Center, Fort Bliss, TX. 

4.  She attended and successfully completed the Army Medical Department Officer Basic Leader Course at Fort Sam Houston, TX, from 4 August to 6 October 2008.

5.  On 22 May 2009, she was awarded a Doctor of Audiology degree.

6.  On 6 August 2010, she executed an AD-HPLR service agreement.  The program offers financial support for authorized health care educational loan repayment in exchange for an active duty obligation.  

	a.  The purpose of the AD-HPLR program is to provide a direct accession incentive to maintain adequate numbers of commissioned officers of the armed forces on active duty, who are qualified in various health specialties within the Medical Corps, Nurse Corps, and Biomedical Sciences Corps.  

	b.  AD-HPLR program participants receive repayment of loans used to finance health profession education.  Repayment may consist of loan amounts for principal, interest, and reasonable educational and living expenses.  Payments are sent directly to the lending institution on behalf of the AD-HPLR participant.  Participants incur an ADSO consisting of a minimum of two years, or one year of AD for each annual repayment, whichever is greater. 

7.  The OTSG Form 1093 shows the applicant acknowledged she understood:

	a.  Paragraph 7a, she would incur an ADSO for participation in this program.  However, the AD-HPLR ADSO is a minimum of 2 years or one year for each year of annual repayment, whichever is greater. 

	b.  Paragraph 7b, prior active duty service and participation in the course of study or specialty would not count toward completion of the ADSO requirement described in 7a, above.  She will not be released from active duty until she has served her ADSO for AD-HPLR participation in addition to any other ADSO she might incur for participation in or acceptance of any other military accession bonuses or incentives, such as the Graduate Professional Education (GPE); DOD sponsored education or training, multiple retention (post accession) contracts, or multi-year or special pay incentives, as applicable, except when her release is determined by the Army to be in the best interests of the Government.

	c.   Paragraph 7c, unless otherwise relieved, serve, apart from her AD-HPLR ADSO described in 7a, above, a minimum term of service on active duty of 3 years if other than a physician or 2 years if a physician.  Her minimum term of service will run concurrently with her ADSO.  However, if her ADSO is less than her minimum term of service, she would not be released from active duty until she has also served her minimum term of service.  Any time spent on active duty after completion of the basic professional degree required for appointment to the health services category to which assigned (including time spent in discharging an ADSO) counts toward the satisfaction of this minimum term.  Prior active duty service will not count toward the completion of this requirement. 

	d.   Paragraph 7d, she would incur a new ADSO as described in paragraph 7a above if she entered active duty with AD-HPLR as her initial obligation and subsequently apply for and is granted benefits for retention purposes.  This new ADSO will be served consecutively with the prior ADSO.

	e.  Paragraph 13, she understood that her AD-HPLR obligation would be added to her remaining previously-incurred service obligation calculated as 8/4/2010 (4 August 2010) to be 2 years, 0 months, and 20 days of active duty and 3 years, 0 months, and 2 days in the IRR.  She also understood that in return for 2 years of loan repayment, including the AD-HPLR and prior obligation shall be 4 years, 0 months, and 20 days on extended active duty and 3 years, 0 months, and 2 days in the IRR. 

8.  On 10 August 2012, she submitted a request for resignation to HRC.  However, by email, dated that day, an official at HRC - Officer Personnel Management Directorate informed her that she still had a remaining active duty service obligation until 24 August 2014.  

9.  An exchange of emails between the applicant and HRC officials as well as a member of the Army Review Boards Agency with an official at OTSG yielded:

	a.  An email response, dated 26 March 2013, wherein the AD-PHLR Program Manager stated that the correction to the applicant's OTSG Form should be directed to HRC and not OTSG.  The existing ADSO years that were indicated on the OTSG Form 1093 were provided by HRC at the time the applicant was selected to receive AD-HPLR.  She received two payments and incurred 2 years of ADSO for these payments.  Her AD-HPLR ADSO is correct on the OTSG Form 1093.

	b.  An email response, dated 26 March 2013, wherein an HRC official stated that the contract is an OTSG contract and HRC cannot overrule.  She (the official who prepared this email response) can only provide the information that she (the author) does not believe there is anything in the applicant's records that would substantiate the existing obligation as is stated in the contract. 

10.  An advisory opinion was obtained from the Health Services Division at HRC. An official stated:

	a.  The applicant applied for the 2010 AD-HPLR and she was approved to receive 2 years of loan repayment.  At the time her paperwork was processed, her contract indicated she had an existing 2 years and 20 days ADSO.  She entered active duty on 25 September 2007 as a direct accession and there are no records which indicate she incurred any additional service obligation after she entered active duty.  

	b.  OTSG provided a document (worksheet) that indicate the applicant has an existing ADSO.  However, her AD-HPLR began on 23 August 2010 and was completely discharged on 22 August 2012.  The AD-HPLR appears to be inaccurate.  However, the applicant signed this contract and it is a part of her official Army Military Human Resource Record.  HRC is not the proponent for the AD-HPLR contract and administrative corrections cannot be accomplished without modification of the contract by OTSG.  

11.  The applicant was provided with a copy of this advisory opinion but she did not respond. 

12.  Title 10, USC, section 2173 (Education Loan Repayment Program - Commissioned Officers in Specified Health Professions) for the purpose of maintaining adequate numbers of commissioned officers of the armed forces on active duty who are qualified in the various health professions, the Secretary of a military department may repay, in the case of a person described in subsection (b), a loan that was used by the person to finance education regarding a health profession; and was obtained from a governmental entity, private financial institution, school, or other authorized entity.  A person entering into an agreement described in subsection (b)(3) incurs an active duty service obligation. The length of this obligation shall be determined under regulations prescribed by the Secretary of Defense, but those regulations may not provide for a period of obligation of less than one year for each maximum annual amount, or portion thereof, paid on behalf of the person for qualified loans.  For persons on active duty before entering into the agreement, the active duty service obligation shall be served consecutively to any other obligation incurred under the agreement. 

13.  DOD Instruction 6000.13 (Medical Manpower and Personnel) implements policy, assigns responsibilities, and prescribes procedures to carry out medical manpower and personnel programs.  

	a.  Section 6.6.1 states the minimum term of service for first-term personnel shall be two years following internship for physicians and three years for other health professions officers.  The minimum term is not additive to ADSOs incurred for education or training.  Prior active duty and internship or any other initial qualifying training program may not count toward fulfilling the minimum term of service.  

	b.  Section 6.6.2 states no portion of an ADSO may be satisfied, as follows 

		(1)  6.6.2.1 By prior military service;

		(2)  6.6.2.2 During any period of long-term health or health-related education or training.

		(3)  6.6.2.3 Concurrently with any other ADSO or with an obligation incurred for DOD-subsidized pre-professional (undergraduate) education or training, or prior long-term health or health-related education or training, unless otherwise specified in this Instruction.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to and entered active duty on 27 September 2007 to fulfill her active duty requirements of 3 years.  Her AD commitment would have ended on 26 September 2010.  

2.  However, on 6 August 2010, she executed an AD-HPLR service agreement that offered her financial support for authorized health care educational loan repayment in exchange for an active duty obligation.  She received 2 years worth of benefits which would have obligated her for 2 years to be served consecutively to any other obligation.  In other words, her 2-year commitment would have begun on 27 September 2010 and ended on 26 September 2012.

3.  Her OTSG Form 1093 indicated in paragraph 13 that the AD-HPLR would be added to her remaining previously-incurred service obligation calculated from 4 August 2010.  It is unclear where this date came from as her original 3-year commitment commenced on 26 September 2007 and should have ended on 25 September 2010.  

4.  Her OTSG Form 1093 should be corrected by issuing an appropriate document to show in item 13 that 2 years would be added to her remaining previously-incurred service obligation calculated as 2010/09/25 to be 2 years and 20 days of active duty and 3 years and 2 days in the IRR. 

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 records of the individual concerned be corrected by issuing an appropriate document to be attached to her OTSG Form 1093, to show in item 13 that 2 years would be added to her remaining previously-incurred service obligation calculated as 2010/09/25 to be 2 years and 20 days of active duty and 3 years and 2 days in the IRR. 



      _______ _   __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)                                         AR20130005258





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ABCMR Record of Proceedings (cont)                                         AR20130005258



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