IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140000548
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 remission/cancellation of her Specialized Training Assistance Program (STRAP) debt.
2. The applicant states, in effect, that she is being held liable for a STRAP debt she incurred while attending The Minnesota School of Anesthesia from December 1998 to December 2000. She goes on to state the debt is being recouped because she did not meet her obligation date of 18 November 2006, which was through no fault of her own in that she had health issues and was not deployable.
3. The applicant provides copies of three letters, her oath of office, Medical Board Proceedings, discharge orders, DA Form 5536-R (Health Professionals Loan Repayment (HPLR)), and DA Form 5685-R (STRAP Addendum).
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 19 November 1998, the applicant was commissioned as a U.S. Army Reserve (USAR) first lieutenant in the Army Nurse Corps and on the same date she signed an HPLR Agreement and a STRAP Agreement.
3. She acknowledged that she understood she would serve in a troop program unit (TPU) of the Army National Guard or USAR as an Individual Mobilization Augmentee (IMA) and that she would receive a monthly stipend during her specialized training program at the rate paid to officers participating in the Health Professions Scholarship Program. In return, she would serve 2 years in a TPU or as an IMA for each year of assistance received and would serve no less than 12 days of active duty training each year. She also agreed that her obligation would end on 18 November 2006.
4. In June 2006, a Military Occupational Specialty Medical Retention Board (MMRB) determined that the applicant may need to be reclassified to a less physically demanding specialty and that she was currently non-deployable. The MMRB recommended that she be referred for appropriate medical evaluation. The record is silent as to what occurred after that.
5. On 6 March 2008, the applicant was discharged from the USAR Control Group (IMA) due to unsatisfactory participation and was transferred to the USAR Control Group (Reinforcement).
6. On 26 March 2008, the applicant submitted her request to tender her resignation. Her request was approved and on 9 September 2008 and she was honorably discharged.
7. In the processing of this case a staff advisory opinion was obtained from the USAR Command at Fort Bragg, North Carolina which recommends disapproval of the applicants request because she failed to meet the required satisfactory service in any year of her STRAP obligation and she only performed 27 days of active duty during her entire period of service. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
8. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for processing applications for remission/cancellation of indebtedness. It states a debt to the government may be cancelled if it is determined that based on the information received, an injustice or hardship, or both, exist. It also states that the Soldiers awareness of policy and procedures will be considered as well as whether or not the Soldier inquired of proper authority and was told that the payment was correct.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her debt should be remitted or cancelled has been noted and appears to lack merit.
2. The applicant entered into a STRAP agreement in 1998 and received a stipend for 2 years while attending an advanced education program. In return, she agreed to serve satisfactorily 2 years in the USAR in an IMA position for every year of education assistance received. It does not appear that she did so.
3. The applicant has provided no evidence to show the debt is unjust or in error or that it imposes an injustice or hardship.
4. Accordingly, there appears to be no basis to grant her request.
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) AR20140000548
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ABCMR Record of Proceedings (cont) AR20140000548
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