IN THE CASE OF:	  

		BOARD DATE:	  13 October 2014

		DOCKET NUMBER:  AR20140000264 


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 records to show she is eligible and approved for Health Care Professional Loan Repayment Program (HPLRP) benefits.

2.  She states in 2009 she was told that she was eligible for a bonus and the HPLRP.  She adds she was under the impression that placing her initials and signing the bottom of the incentives available page indicated that she was signing to receive both benefits.  She maintains that the paperwork was never processed and upon further research, she was required to fill the paperwork out for the second incentive (HPLRP) upon completion of the first.  

3.  She provides two DA Forms 2823 (Sworn Statement) and a memorandum, dated 27 March 2009.

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the Army National Guard (ARNG), on
21 April 2009, she was honorably discharged to accept an appointment as a commissioned officer in the ARNG on the following day.

2.  The applicant's official military personnel file (OMPF) is void of an official memorandum stating that she was eligible for special pay in the amount of $30,000.00 and HPLRP of $50,000.00 for a total of $80,000.00.  However, her record does contain a memorandum, Subject:  Results of the 24 - 26 March 2009 Funded Nurse Education Program Selection Board Results for the ARNG.  This memorandum shows the applicant was eligible for a bonus and HPLR.

3.  On 22 April 2009, the applicant was commissioned as a Reserve officer in the rank/grade of second lieutenant/O-1 in the Tennessee ARNG (TNARNG).  She completed a DA Form 5536 (HPLR Agreement) which stated that with her appointment/commission in the ARNG or the U.S. Army Reserve (USAR), she met the following criteria for the HPLRP:
   
   a.  I am/will be performing as an officer in a selected Reserve unit of the ARNG or USAR.
   
   b.  The Army Surgeon General has determined that I am qualified for service in critical medical/nursing specialty Army Nurse 66H.
   
   c.  I have a current valid medical/nursing license and if required, specialty certification to practice and am in good standing in my profession.
   
   d.  I was first appointed/commissioned in the Medical or Nurse Corps after    30 September 1985.

	e.  I must remain in the Selected Reserve in good standing to obtain loan repayment.  I understand that the maximum aggregate amount of repayments under this agreement is $3,000.00 per year up to $20,000.00 HPLRP maximum.

4.  Additionally, on 22 April 2009, she signed an Amendment to DA Form 5536-R that stated:

   a.  "I understand the maximum aggregate amount of repayments under the agreement has been increased to $10,000.00 per year for the first two annual payment(s) or the remaining balance of the loans, whichever is less.  The third annual payment will not be more than $10,000.00 or the remaining balance of the loan(s), whichever is less.  Total program repayments for all years will not exceed the maximum amount authorized of $30,000.00.
   
   b.  I understand when participating in the Specialized Training Assistance Program (STRAP), I must participate satisfactorily in Selected Reserve status for eligibility to receive the HPLRP incentive.  I also understand that I must extend my STRAP obligation when continuing to receive the HPLRP incentive after completion of my specialized training.  Or, I may terminate my HPLRP agreement and begin serving my STRAP obligation.  If I terminate my HPLRP agreement prior to my anniversary date, I will be entitled to a prorated amount for the number of months served prior to my anniversary date.
	c.  When participating in both programs, I understand that time served in the Selected Reserve for receipt of the HPLRP incentive does not count toward my STRAP obligation.  I also understand that this special pay is taxable."

5.  During the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB) who recommended approval of the applicant's request.  The advisory opinion states:

   a.  On 27 March 2009, the applicant received an official memorandum for record notification stating that she was eligible for the special pay of $30,000.00 and HPLRP of $50,000.00 for a total of $80,000.00.  The special pay of $30,000.00 has been paid in full as of 21 April 2012.
   
   b.  On 22 April 2009, the applicant signed an HPLRP contract on a 
DA Form 5536.
   
   c.  On 22 March 2012, the HPLRP contract was entered into the system with control number H12030004TN, but did not process and was coded invalid in the Installation Management Application Resource Center (IMARC) System.
   
	d.  In accordance with the ARNG, Army Medical Department (AMEDD), Officer Incentive Programs for Fiscal Year (FY) 2009 memorandum, dated 
5 December 2008, candidates are eligible for dual participation in both programs and can be offered and contracted at the same time in either order.  However, payments and the payback time will be consecutive.  The applicant signed all documents presented to her and believed that she completed all necessary required paperwork to process both contracts.  The applicant opted to receive the special pay complete payout first and then receive the HPLRP. 

   e.  Due to no fault of the Soldier, the HPLRP contract given to the applicant by her recruiter on 22 April 2009 could not be validated as it was discovered that the DA Form 5536, August 2010 (a form that did not exist), was signed by her as an invalid contract.
   
	f.  The NGB recommended that the applicant be given eligibility due to the fact that she in good faith and unknowingly signed the wrong form.  The agency also stated that the case recommendation was coordinated and reviewed by the NGB Federal Recognition Section and the Incentives Branch.  Additionally, the TNARNG concurs with the recommendation.

6.  On 21 August 2014, a copy of the NGB advisory opinion was provided to the applicant for review and comment.  No response was received.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant accepted a commission in the TNARNG under a contract stating she would be eligible to receive the HPLRP incentive.  Although her DA Form 5536 did not exist and it could not be validated and a copy of the memorandum verifying her HPLRP in the amount of $50,000.00 is not contained in her OMPF, the Chief, Personnel Policy Divisions, NGB, supports her contention that she was eligible for and should receive the HPLRP incentive. 

2.  According to the advisory opinion, on 27 March 2009 the applicant was notified that she was eligible for the special pay of $30,000.00 and HPLRP of $50,000.00 for a total of $80,000.00.  The special pay of $30,000.00 was paid in full on 21 April 2012; however, due to no fault of the Soldier, she signed an invalid contract for the $50,000.00 HPLRP incentive.  Therefore, her records should be corrected to show she is eligible for and was approved for HPLRP benefits.

3.  In view of the foregoing, 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 State ARNG records of the individual concerned be corrected by:

   a.  showing she properly and timely signed an HPLRP contract on 22 April 2009 in the amount of $50,000.00;  
   	
   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)                                         AR20140000264





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ABCMR Record of Proceedings (cont)                                         AR20140000264



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