BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20130021539 


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 the effective date of 10 December 2010 for his Health Professional Loan Repayment (HPLR) be changed to 31 August 2010.

2.  The applicant states he received an email, dated 24 October 2013, from the Student Loan Repayment Program (SLRP) group stating that his HPLR was terminated due to his being transferred to the Retired Reserve effective 
1 October 2013.  His commissioning and contract are dated 31 August 2010 and that date is also the effective date.  According to his signed contract, payment of this incentive is based on the anniversary date after one year stated on the contract and annually thereafter.  He transferred to the Retired Reserve on 
1 October 2013.  He completed all three required years of his contract associated with his HPLR prior to his transfer to the Retired Reserve.  The SLRP group does have his latest DD 2475 (Department of Defense (DOD) Educational Loan Repayment Program (LRP) Annual Application) with the remaining balance of his loan verified by his lender.  The SLRP group changed his anniversary date to 10 December 2010 by their choice.  This is the date of his orders assigning him to his unit.  The effective date of the orders is 31 August 2010.  The anniversary date is defined as the effective date on the contract.  The last payment on his student loan should be paid because all requirements for eligibility were met within the qualifying year and prior to transferring to the Retired Reserve.

3.  The applicant provides:

* DA Form 71 (Oath of Office - Military Personnel)
* Statement for Commissioning Army Medical Department (AMEDD) Officer U.S. Army Reserve (USAR)
* HPLR Agreement
* Selected Reserve Special Pay Program Contract (Special Pay For Selected Reserve (SELRES) Health Care Professional in Critically-Short Wartime Specialties)
* a memorandum, dated 31 August 2010, from the U.S. Army Human Resources Command (HRC)
* HRC Orders Number C-12-017887, dated 10 December 2010, for his transfer to a troop program unit (TPU)
* DD Form 2475, dated 30 September 2013
* his orders for transfer to the Retire Reserve

 CONSIDERATION OF EVIDENCE:

1.  On 31 August 2010, he was commissioned a first lieutenant in the USAR.  He signed an HPLR Agreement on 31 August 2010.  Paragraph 1 of Section III - Repayments of the Agreement states the eligibility date would be determined based upon the effective date of orders assigning him to the SELRES.  Each complete satisfactory year of service performed under the agreement establishes an anniversary date.  On each anniversary date, he was to initiate a request for repayment on eligible loans.  

2.  HRC Orders C-12-017887, dated 10 December 2010, released him from USAR Control Group (Reinforcement) and assigned him to 7225th U.S. Army Medical Support Unit, Fort Jackson, SC.  The effective date of the orders was 
31 August 2010.

3.  On 22 September 2011, he received a notification of eligibility for retired pay at age 60 (20-year letter).  On 6 November 2012, he received his first notification of non-selection for promotion.  

4.  On 28 March 2013, he received his second notification of non-selection for promotion.  He had been considered twice for promotion and twice not selected.  His transition from an active status was mandatory.  He was to be separated not later than the 1st day of the 7th month following the President's approval of the board results.

5.  His retirement points based on inactive duty for training (IDT) taken from the HRC Soldier Management System reflects the following points earned:

* 31 August 2010 - 7 January 2011 - 0 points
* 8 January 2011 - 6 November 2011 - 49 points
* 3 December 2011 - 8 December 2012 - 48 points
* 9 December 2012 - 22 September 2013 - 36 points
  
6.  On 1 October 2013, he was transferred to the Retired Reserve by reason of promotion non-selection.

7.  On 10 January 2014, an advisory opinion was received from the HRC, Chief, Health Services Division.  HRC recommended denial of the applicant's request because he had been transferred to the Retired Reserve.  HRC stated:

	a.  The applicant contracted for HPLR first and Special Pay Bonus second with a contract date of 8 September 2010.  He received two loan payments from HPLR.

	b.  His eligibility date was based on the date of his orders assigning him to the SELRES.  He did not start receiving points until 8 January 2011.

	c.  His special pay bonus contract was terminated due to being discharged, effective 1 October 2013.

	d.  If his request was approved, a collection action would be required for his first incentive received since he would not meet the eligibility requirements based on the change.

8.  On 20 January 2014, the applicant submitted rebuttal comments to HRC's opinion.

	a.  He contracted for the HPLR first and the Special Pay Bonus second effective 31 August 2010, not 8 September 2010.

	b.  He stated he received two HPLR payments, one in December 2011 and one December 2012.  He did not receive any payment for the special pay bonus incentive of his original contract.  

	c.  HRC based his eligibility date on the date of the orders assigning him to his unit.  However, the effective date of the orders was 31 August 2010.  This date is the date that should have been established as the eligibility date.

	d.  He did not begin to receive drill points until 8 January 2011 because his unit prohibited him from attending any military function for pay purposes until the unit had received a written copy of the orders.  He met all qualifying requirements to receive an HPLR payment by September 2011 when an annual qualifying analysis was conducted.
	e.  He stated he met all of the requirements for each of the 3 years of the HPLR, met the drilling requirements for points each of the 3 years, and his student loan remained in a current status throughout the entire period.

9.  Chapter 7 of Army Regulation 135-7 (Incentive Programs) provides policy and guidance for the administration of the HPLR Program.

	a.  To apply for participation in the HPLR Program, the eligible officer will complete a SELRES Incentive Program Health Professionals Loan Repayment Program Agreement.

	b.  The agreement should be executed on assignment to the Selected Reserve or thereafter on meeting all eligibility criteria.

	c.  The anniversary date for the repayment of loans is based on the date the officer completes the agreement.  Each complete satisfactory year of SELRES service performed under the terms of the agreement will establish the
anniversary for repayment of eligible loans.

	d.  On each anniversary date, any authorized loan will be considered eligible for repayment that has an outstanding balance on the principal.

	e.  HPLR program eligibility will be terminated if the officer is separated from the SELRES for any reason.
10.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of USAR service obligations and participation requirements.  Paragraph 3-1 states TPU Soldiers are required to participate in at least 48 scheduled inactive duty training assemblies, and not less than 14 days, exclusive of travel time, of annual training.  Satisfactory participation is defined below:

	a.  Attending all scheduled IDTs unless excused by the unit commander or granted a leave of absence.  Soldiers present at a scheduled IDT will not receive credit for attendance unless they are wearing the prescribed uniform.  They must also present a neat and soldierly appearance and perform assigned duties in a satisfactory manner as determined by the unit commander.  Soldiers who do not receive credit for attendance for any of the reasons noted above will be charged with an unexcused absence.

	b.  Attending and satisfactorily completing the entire period of annual training (AT) unless excused by proper authority.

DISCUSSION AND CONCLUSIONS:

1.  He contends the effective date for the basis of his HPLR should be 
31 August 2010, the date he signed his HPLR Agreement.

2.  Records show his contract date for HPLR was 31 August 2010.  This date reflects his eligibility/effective date and does not change.  However, each complete satisfactory year of SELRES service performed under the terms of the agreement will establish the anniversary for repayment of eligible loans.

3.  The initial anniversary date for the repayment of his HPLR loan was 
31 August 2010, the date he signed his HPLR Agreement.  However, each complete satisfactory year of SELRES service performed establishes the  anniversary for repayment of eligible loans.  He completed his first complete satisfactory year (49 Points) on 6 November 2011, thereby establishing this as the anniversary for the next payment.  

4.  He completed his second complete satisfactory year (48 points) on 
8 December 2012, thereby establishing this as the anniversary for the next payment.  The anniversary date for his third payment was 8 December 2013.  However, he transferred to the Retired Reserve on 1 October 2013 prior to the completion of a third complete satisfactory year.  Therefore, he is not entitled to a third payment of his HPLR.  

5.  In view of the above, his anniversary dates for repayment of his HPLR loan were computed in accordance with the regulation. Therefore, there is no basis to grant relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  __X______  __X__  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _  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)                                         AR20130021539



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ABCMR Record of Proceedings (cont)                                         AR20130021539



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