IN THE CASE OF:	  

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130011044 


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, correction of her records to show she was eligible and approved for the Health Care Professional Loan Repayment Program (HPLRP) and Special Pay incentive effective 13 June 2011.

2.  The applicant states:  

	a.  She has been in the military since 2006 as a Social Worker.  She transferred from the U.S. Army Reserve (USAR) to the North Carolina Army National Guard (NCARNG) in June 2011.  At that time, the areas of concentration (AOC) of 67D (Behavioral Sciences Officer) and 73A (Social Worker) qualified for two incentives -- the HPLRP at $25,000 a year for 3 years and Special Pay at $20,000 a year for 3 years, over a period of 6 years.  These incentives were provided for wartime critical shortage positions.  On 12 April 2011, prior to her transfer to the NCARNG, she completed a USAREC Form 1252 (USAR and ARNG Incentive Declaration Statement) for these incentives with the regional Army Medical Department (AMEDD) recruiter, Ms. SW.
   
   b.  She opted for HPLRP (totaling $75,000 over 3 years), followed by Special Pay (totaling $60,000 over the next 3 years).  The regional recruiter initiated her packet and she was ensured the process would be completed at the State level. There appeared to be no problems with her transfer.  She contacted the NCARNG Incentives Office 1 year from her transfer date of June 2011, to inquire about loan repayment and deadlines.  The Incentives Office provided her paperwork to be completed by her lenders and informed her there was no control number in their system that was needed to process her incentive pay.  She was unaware of the process or need for control numbers.  She was told they would try to contact State recruiters to obtain the required information.
   
   c.  She submitted all of the proper documents in December 2012 to process her HPLRP payment.  She worked with multiple lenders over 3 months to get the forms completed accurately.  At that time, a contract for HPLRP or Special Pay could not be located through the AMEDD recruiters.  The NCARNG incentives could not be processed without a control number; therefore, payments towards student loans could not be processed without an exception to policy (ETP).  She submitted an ETP request with a supporting memorandum from her initial regional recruiter. 
   
   d.  On15 January 2013, she was told by the NCARNG branch manager that the National Guard Bureau (NGB) would not accept an ETP packet since there was NO contract on file (emphasis added).  She was given the option to sign a new contract and starting the incentives 1 year from the date of the new contract.  She was also told she could file an application with the Army Board for Correction of Military Records (ABCMR).   She contacted her Representative in Congress and was advised to start the ABCMR process.  A new contract was signed in March 2013 but, as of the date of her application to the ABCMR, it had not yet been approved.  

3.  The applicant provides five memoranda, two U.S. Army Recruiting Command (USAREC) Forms 1252, three pages of email, a memorandum for record, and a statement of support.  

CONSIDERATION OF EVIDENCE:

1.  The applicant provides a USAREC Form 1252, dated 12 April 2011, wherein it stated the following incentives were currently available to applicants/Soldiers in specified wartime critical shortage AOCs in the USAR or ARNG.  The applicant must initial next to the appropriate incentives he/she wished to be considered for and place the number 1 next to their initials to denote the incentive they wished to receive first (Special Pay and HPLRP incentives only).  She initialed the form and placed a number 1 next to her initials to indicate she wanted to receive the HPLRP incentive first and the Special Pay (3 years) second.  The applicant and the Regional AMEDD Recruiter, Ms. SW, both signed the form on that date.

2.  Having had prior service in the USAR, the applicant’s records show she was appointed as a captain (CPT) in the NCARNG and executed and oath of office on 13 June 2011.

3.  Orders 171-815, dated 20 June 2011, issued by the State of North Carolina, Joint Force Headquarters, Raleigh, NC, appointed her as a CPT in the NCARNG and assigned her to 163rd Medical Company, Asheville , NC, in duty assignment 67D, effective 13 June 2011.

4.  The applicant also provides a USAREC Form 1252, dated 12 March 2013, wherein she initialed the form and placed a number 1 next to her initials to indicate she wanted to receive the HPLRP incentive first and the Special Pay (3 years) second.  The applicant signed the form on 12 March 2013.

5.  In connection with the processing of this case an advisory opinion dated 18 July 2013 was obtained from the Chief, AMEDD, Special Pay Branch, Office of The Surgeon General (OTSG).  The advisory official recommended approval of the applicant’s request and opined:

	a.  The NGB Incentives Branch stated in an email dated 10 July 2013 that the applicant meets all eligibility criteria to receive the current HPLRP incentive for $25,000 a year for 3 years.  There is no contract or amendment to prove she requested the HPLRP incentive in 2011.  However, she did provide the signed USAREC Form from April 2011.  Department of Defense Instruction (DODI) 1205.21, section 6.2, states an agreement must be completed in order to authorize participation.  Per the March 2013 contract, the applicant did sign the oath of office with the NCARNG on 13 June 2011.  She does not have board results because she was a transfer from the USAR but she does have a DOD form which specifies she was an eligible AOC 67D to receive HPLRP.

	b.  The NGB Incentives Branch was able to determine that the applicant provided her transcripts and diploma which are used to determine education eligibility for HPLRP.  Qualifying loans are required to contract for HPLRP and without transcripts the presence of loans could not have been determined.  The applicant’s eligible loans meet all requirements to receive payment for 2011 and 2012.

	c.  It is also a requirement per the AMEDD Officer Incentive Policy that the Soldier remain in the AOC contracted for throughout the duration of the contract.  State Orders 171-815 indicates the applicant was appointed in paragraph and line number 102-01, as a 67D on 20 June 2011.  There is no indication in her records that shows she transferred to another vacancy outside this AOC.  Her Personnel Qualification Record indicates she still remains in a 67D position.

	d.  Based on the information provided and on the policy and regulations, this office recommends the applicant received full administrative relief in this case.  The errors that occurred regarding her HPLRP and Special Pay incentive contract were at no fault of the applicant.  The recruiting office failed to follow through with the applicant’s packet.  It would be in the best interest of the applicant and the ARNG to authorize the State to submit a backdated contract to the date she transferred to the NCARNG.  The applicant must keep in mind that in order to receive the incentive, she must still be in compliance of the rules and regulation procedures outlined in the contract for the incentive.

	e.  The NCARNG concurs with this recommendation.

6.  On 22 July 2013, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a retroactive HPLRP and Special Pay incentives contract effective 13 June 2011 was carefully considered and found to have merit.

2.  OTSG, the agency responsible for administering AMEDD Special Pay Programs to include HPLRP contracts, confirms that when the applicant transferred to the NCARNG on 13 June 2011 she was eligible to execute a contract for the HPLRP at $25,000 a year for 3 years and Special Pay incentive at $20,000 a year for 3 years, over a period of 6 years.  

3.  However, through no fault of the applicant, the NCARNG recruiting office failed to follow through with the applicant’s packet and did not obtain the appropriate signatures or bonus control number and the contract was not processed.  

4.  The applicant has held up her end of the contract and has served in the NCARNG since 13 June 2011 in AOC 67D.  Therefore, she is entitled to the requested relief and her records should be corrected as recommended below.

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 Army National Guard records of the individual concerned be corrected by:

   a.  showing the applicant, the service representative, and the witnessing officer all signed a contract on 13 June  2011 for the HPLRP incentive in the amount of $25,000 a year for 3 years and Special Pay incentive at $20,000 a year for 3 years, over a period of 6 years, with a valid bonus control number;
   
   b.  showing her contract was timely received and processed by the appropriate office; and
   
   c.  paying her, from Army National Guard funds, all pay and allowances and incentives due as a result of this correction in accordance with the terms of her contract.



      ____________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)                                         AR20130011044





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ABCMR Record of Proceedings (cont)                                         AR20130011044



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