BOARD DATE:	  2 April 2015

		DOCKET NUMBER:  AR20140010468 


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 payment of the Health Professional Loan Repayment Program (HPLRP) incentive indicated in his 16 December 2011 contract.  However, if this is not possible, he requests his entire 16 December 2011 contract be voided so that he can fulfill the remainder of his 2008 ROTC contract.

2.  The applicant states he signed a new contract with the Florida Army National Guard (FLARNG) on 16 December 2011 with the explicit understanding that he would receive the HPLRP incentive noted in the Fiscal Year (FY) 2012-2013 ARNG Army Medical Department (AMEDD) Officer Incentive Policy (Surgeon's Operation Message (MEDSOM) Number (#) 12-001).  The HPLRP installments were due each year on the anniversary of his contract.  He was due to receive the first payment on 16 December 2012, the second payment on 16 December 2013, and the third payment on 16 December 2014.  These payments were supposed to be for $25,000.00 each for a final total of $75,000.00.  He signed a contract for the HPLRP and Special Pay incentives with Captain (CPT) WDE, the Specialty Branch Manager, which was approved by the NGB and AMEDD and he feels his contract should be honored.

	a.  On 2 May 2008, he graduated from Reserve Officers' Training Corps (ROTC) program at the University of South Florida, Tampa and was appointed in the FLARNG.

	b.  On 22 April 2009, he graduated from the Basic Officer Leaders Course (BOLC) at Fort Sam Houston, Texas as a 70B (Health Services Administrator). 

	c.  On 29 May 2009, he was accepted into Nova Southeastern University's Physician Assistant (PA) program.  The 27-month program would culminate with a PA degree.

	d.  On 27 May 2010, he contacted CPT WDE via telephone and email to discuss possible transfer into the Medical Specialist (SP) Corps upon completion of his PA degree.  They also discussed the available bonuses and obligations required if he accepted appointment in the SP Corps.

	e.  On 26 August 2011, he graduated from Nova Southeastern University's PA program with a Master's Degree in Medical Science.

	f.  On 11 October 2011, he completed and passed his PA National Certifying Exam (PANCE) which certified him as a PA.

	g.  On 16 December 2011, he signed a new military contract as a 65D (PA), with CPT WDE, the FLARNG, and the NGB.  He was appointed as an SP officer. His contract specified that he would receive a bonus in the form of $25,000.00 of student loan repayments each year for three years beginning on the first anniversary date of his contract (16 December 2012).  The contract also stated he would receive Special Pay, which was available to him due to the Wartime Critical Shortage List.

	h.  On 15 December 2012, he contacted CPT WDE via email to ensure that all required documentation had been received.  During this exchange, and in phone conversations, he was told that all the necessary documentation for repayment to the loan agency had been received and was being uploaded into the Information Management and Reporting Center (IMARC) system and he would receive his first payment within 90 days.

	i.  He contacted CPT WDE again after 90 days had passed and he had not received payment.  He was then told that all of his loan payment information needed to be resubmitted because the HPLRP was going to be serviced through the Guard Incentive Management System (GIMS) instead of IMARC.  He returned the required documentation in a timely manner.  He was told it would take another 90 days before his payment would be made to the loan agency.

	j.  On 17 June 2013, he contacted CPT WDE to inquire about the status of his repayment, which was still outstanding.  He was told that it was still active in IMARC and that he could expect to be receiving the incentive.

	k.  On 1 October 2013, he was informed by CPT WDE that, contrary to all their previous communication, he was in fact never eligible for any of the incentives (HPLRP and Special Pay) that were specified in the contract that he and CPT WDE had signed, based on his prior ROTC contract.

	l.  The memorandum CPT WDE provided quoted MEDSOM #12-001, which specifically states that ROTC scholarship recipients who hold the Area of Concentration (AOC) 66H (Medical Surgical Nurse) and 67J (Aeromedical Evacuation Officers) do not qualify for the bonuses listed in his contract.  Since he was a 70B, he did not feel as though this exception pertained to his situation.

	m.  To try to resolve this situation, he went through his chain of command; however, they referred him back to CPT WDE who continued to quote the above referenced memorandum pertaining to his ineligibility.  He then contacted Major (MAJ) MA, Assistant and Investigations Officer in Charge, who concurred with CPT WDE's assertion that the applicant was ineligible.

	n.  Unsatisfied with the situation, he contacted his Member of Congress.  His main concern was that his contract should never have been offered to him, signed by CPT WDE, or approved by the FLARNG, NGB, and AMEDD if it was true that he never qualified for the bonuses in the first place.

	o.  His Member of Congress contacted Lieutenant Colonel (LTC) BSF, J-5 Policy Branch Chief, of the Office of the Adjutant General, FLARNG.  LTC BSF sent his Member of Congress a response letter stating there was no problem with the applicant's eligibility, but rather the applicant's payment had been lost due to the NGB system migration from IMARC to GIMS, and the Education clerk for the FLARNG would update the applicant's account in the new system and resubmit for his FY 2013 payment.  According to LTC BSF, the applicant's packet being lost, not his ineligibility as a prior ROTC graduate, was the reason he had not received his loan repayment.

	p.  Based on this information, he contacted the State Army Medical Human Resources clerk and spoke to Sergeant (SGT) MWL in order to have all of his information submitted to GIMS before 11 December 2012.  SGT MWL indicated it would take at least 60 days before the applicant's documents would be processed.  Ninety days after his resubmission, LTC BSF followed up with MAJ SBS, the Education Services Officer for the FLARNG, who replied that the applicant's packet would be reviewed the next week by the NGB.

	q.  In early April 2014, he was contacted by SGT MWL and advised that his eligibility was again being questioned because of his ROTC scholarship and that he should submit an exception to policy (ETP) memorandum.  He wrote and submitted the ETP on 21 April 2014.
	r.  On 22 April 2014, he received a final denial letter to his ETP memorandum stating that he was not qualified to receive the HPLR based on laws and policies at the time of his contract.  However, when he requested information regarding which laws and policies were being referenced, none were provided.

	s.  He believes his denial is based solely on the information CPT WDE referenced in MEDSOM #12-001.  However, he commissioned as a 70B, not a 66H or 67J.  Those two positions mentioned as exceptions are/were very different from the job of a 70B and he was never trained or qualified for either of those jobs.  Nevertheless, he has been given no other explanation for his contract not being honored.

	t.  He is now in a position where he does not even know what his contractual obligations are.  If he did not qualify for the contract he signed in 2011, he wonders if the entire contract should be voided.  If his contract should be voided, he is unsure whether or not he would revert back to the old ROTC contract which was still in effect when he signed the new HPLRP contract.  Nobody has been able to tell him where he stands now and how he needs to fulfill his remaining obligations in the FLARNG.

	u.  One of his primary concerns is that a contract with bonuses was offered to him by someone who was supposed to be knowledgeable about drawing up and vetting those contracts.  His contract was approved through the NGB and AMEDD.  At the time of the signing, he was told he qualified and had been approved to receive these bonuses after 1 year.  Only after months of emails and phone calls was he told he would not be eligible to receive these bonuses for another three years.

	v.  He truly believes he is eligible to receive the bonuses listed in his 2011 HPLRP contract as a 65D and he should be receiving the loan repayments for which he was initially approved.  However, if this is not the case, he requests his entire 2011 contract be voided so that he can fulfill the remainder of his 2008 ROTC contract as a 70B.

3.  The applicant provides:

* self-authored statement
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 4 August 2006
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated   4 August 2006
* Cadet Command (CC) Form 226-R (Request for Conversion to Guaranteed Reserve Forces Duty (GRFD) or Dedicated ARNG Scholarship), dated 14 May 2007
* DD Form 4, dated 17 May 2007
* CC Form 203-R (GRFD Scholarship Cadet Contract Endorsement), dated 
14 May 2007
* National Guard Bureau (NGB) Form 594-1-R (Annex to the DD Form 4/DA Form 4867 (Oath of Extension of Enlistment or Reenlistment) Simultaneous Membership Program (SMP) Agreement ARNG), undated
* Guard Annex (Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment), dated 17 May 2007
* 5 pages of email transmissions dated from 1 August 2011 to 25 October 2011
* transcripts from Nova Southeastern University, dated 18 October 2011
* U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve (USAR) and ARNG Incentives Declaration Statement), dated 
27 October 2011
* memoranda, dated 18 November 2011, 17 October 2012, and 1 October 2013
* DA Form 5536 (Agreement Health Professional Loan Repayment (HPLR)) and (Amendment to DA Form 5536-R), dated 16 December 2011
* NGB Form 337 (Oath of Office), dated 16 December 2011
* DA Form 71 (Oath of Office-Military Personnel), dated 16 December 2011
* FY 2012-2013 ARNG AMEDD Officer Incentive Policy (MEDSOM #12-001), dated 18 January 2012
* 27 pages of National Student Loan Data System (NSLDS) financial aid information, printed on 8 September 2012
* letters to his Member of Congress, dated 11 December 2013 and 24 April 2014
* letters from his Member of Congress, dated 19 December 2013 and 
25 April 2014
* 7 pages of email transmissions dated from 27 January 2014 to 7 March 2014
* DA Form 2823 (Sworn Statement), dated 15 April 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant contracted for an ROTC scholarship on 28 August 2006 and he contracted for the SMP on 17 May 2007.  He incurred an 8-year military obligation from his ROTC contract and he incurred 6 years of ARNG time plus    2 years in the IRR for his SMP contract; however, his contracts ran concurrently. In accordance with his SMP contract, he began his period of obligated service on 2 May 2008, the day he was commissioned.  His obligation to the ARNG ended on or about 2 May 2014 and he was required to serve in the IRR until 2 May 2016.

2.  His record contains a DD Form 4, dated 17 May 2007 that shows he enlisted in the FLARNG for a period of 8 years in the rank/grade of SPC/E-4.  His contract contains:

	a.  a Guard Annex, dated 17 May 2007, which shows he enlisted for the SMP program and acknowledged/agreed:

		(1)  his enlistment in the ARNG obligated him to a total of 8 years service in the U.S. Armed Forces, included service in a Reserve status.

		(2)  he would serve 6 years as an assigned member of a troop program unit (TPU) in the Selected Reserve (SELRES), and two years as an assigned member of the Individual Ready Reserve (IRR).  He could elect to remain assigned and continue to satisfactorily participate as a member of a TPU in lieu of service in the IRR.

	b.  an NGB Form 594-1-R showing he understood he must have at least         4 years remaining on his contract to participate in the SMP as of the date of enrollment.

3.  His record contains a DA Form 71 that shows he was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT) on 2 May 2008.  On this same day, he was appointed as a 2LT in the ARNG.  Neither his DA Form  71 nor his NGB Form 337 specify the basic branch he was appointed into.

4.  Special Orders (SO) Number 316-3 AR, issued by the NGB on 10 December 2008, extended him Federal recognition as a Medical Services (MS) Corps officer in the rank of 2LT, with an effective date and date of rank (DOR) of 2 May 2008.

5.  His record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he entered active duty for training (ADT) on 11 January 2009, he attended the BOLC, and he held/was awarded AOC 70B (Health Services Administrator).  He was honorably released from ADT on 22 April 2009.

6.  SO Number 29-2 AR, issued by the NGB on 19 February 2010, extended him Federal recognition as an MS officer and promoted him to first lieutenant (1LT), with an effective date and DOR of 2 November 2009.

7.  He provided 5 pages of email transmissions dated from 1 August 2011 to 
25 October 2011.  These emails show, in effect, that he was in constant contact with Staff Sergeant (SSG) CLH and CPT WED regarding the process of getting ready for USAREC and State boards to become certified as a PA.

8.  His record contains a transcript from Nova Southern University, dated 
10 October 2011, that shows he was awarded a Master of Medical Science Degree (PA) on 28 August 2011.

9.  He provided a USAREC Form 1252, which was signed and dated by the applicant and CPT WDE on 27 October 2011.  This incentive declaration statement shows the 3-year special pay and HPLRP incentives were available on the signature date.  This declaration stated that Soldiers were not eligible to receive both incentives and the declaration was not documentation showing the applicant had been approved for either of the incentives.  The declaration was only intended to document the applicant's interest in being considered for one of the incentives.  The applicant indicated he was serving, had incurred, or was incurring a military service obligation resulting from a prior U.S. Army Health Professional Scholarship Program, Financial Assistance Program, Uniformed Services University of Health Sciences, ROTC, HPLRP, of Government-sponsored or non-sponsored Graduate Medical Education program.

10.  He provided a memorandum, issued by the Director of Health Services on 
18 November 2011, that shows he was selected by the 15-17 November 2011 AMEDD Selection Board for commissioning in the ARNG effective 18 November 2011.  The applicant's corps was listed as SP, his AOC was listed as 65D, and the memorandum indicated he was eligible for a bonus or the HPLRP.

11.  His Official Military Personnel File (OMPF) does not contain an HPLRP contract dated 16 December 2011.  There is no evidence in his OMPF to show he ever contracted for the HPLRP incentive either prior to or subsequent to       16 December 2011.  However:

	a.  He provided a DA Form 5536, dated 16 December 2011, wherein:

		(1)  he stated, with his commission in the ARNG, he met the following eligibility criteria for the HPLR program:

* he would be performing as an officer in the SELRES of the ARNG or USAR
* the Army Surgeon had determined that he was qualified for service in critical medical/nursing specialty 65D
* he had a current valid medical/nursing license and, if required, specialty certification to practice and he was in good standing in his profession
* he was first appointed or commissioned in the Medical or Nurse Corps after 30 September 1985
* he must remain in the SELRES in good standing to obtain loan repayments and he understood the maximum aggregate amount of repayments under this agreement was $3,000.00 per year up to the $20,000.00 HPLRP maximum

		(2)  The anniversary date would be determined based upon the date the agreement was signed.  Each complete satisfactory year of service performed under this agreement established an anniversary date.  On each anniversary date, his unit would initiate a request for payment of his eligible loans.

	b.  He provided an amendment to the DA Form 5536-R, dated 16 December 2011, which stated:

		(1)  He understood the maximum aggregate amount of repayment under this agreement had been increased to $25,000.00 per year for the first two annual payments or the remaining balance of the loans, whichever is less.  The total program repayments for all years would not exceed the maximum amount authorized of $75,000.00.

		(2)  He understood when participating in the Specialized Training Assistance Program (STRAP):

* he must participate satisfactorily in the SELRES for eligibility to receive the HPLRP incentive
* he must extend his STRAP obligation when continuing to receive the HPLRP incentive after the completion of the specialized training
* he could terminate his HPLRP agreement and begin serving his STRAP obligation
* if he terminated his HPLRP agreement prior to his anniversary date, he would be entitled to a prorated amount for the number of months served prior to his anniversary date

		(3)  When participating in both programs, he understood the agreement outlined in the DA Form 5536-R and that this amendment supplemented the    DA Form 5536-R.

	c.  Neither the DA Form 5536R nor the Amendment to the DA Form 5536-R contained a bonus control number.
12.  His record contains a DA Form 71 that shows he was appointed as a Reserve commissioned officer in the rank of 1LT, effective 16 December 2011.

13.  Orders Number 040-009, issued by the FLARNG on 9 February 2012, show he was appointed in the ARNG as a 1LT in the SP Corps, in AOC 65D, effective 16 December 2011.

14.  SO Number 125-3 AR, issued by the NGB, on 13 April 2012 extended him Federal recognition as an SP officer in the rank of 1LT, with an initial date of appointment of 16 December 2011 and a DOR of 8 October 2010.

15.  His record contains a DD Form 214 showing he entered active duty on 
5 March 2012.

16.  He provided a memorandum, issued by the FLARNG Recruiting Battalion on 17 October 2012, which shows the FLARNG requested he be issued an HPLRP bonus control number.  

17.  Orders Number 022-007, issued by the FLARNG on 22 January 2013, promoted him to CPT with an effective date of 17 January 2013.  His duty position was listed as PA.

18.  SO Number 124-5 AR, issued by the NGB on 15 May 2013, extended him Federal recognition for his promotion to CPT, effective 29 April 2013.

19.  His Officer Record Briefs show he was a 70B prior to being appointed as a 65D. 

20.  He provided a memorandum issued by the Recruiting and Retention Battalion, St. Augustine, FL, on 1 October 2013, in reference to his request for the HPLRP, wherein he was informed by CPT WDE:

	a.  In accordance with guidance provided by the NGB on 15 August 2013, the applicant was not eligible for any incentives until 8 years after his initial commissioning date, unless he was accepted by medical or dental school.

	b.  MEDSOM #12-001, paragraph 5e, specifically references ROTC scholarship recipients who hold AOC 66H and 67J.

	c.  As a former Medical Functional Area (MFA) 70-series officer, he was considered a 67J.  Department of the Army Pamphlet (DA PAM) 611–21 (Military Occupational Classification and Structure) [dated 31 March 1999], specifically paragraph 3-21, outlines MS Corps branch 67.
21.  He provided a letter the Adjutant General of the State of Florida sent to his Member of Congress, dated 11 December 2013, wherein LTC BSF, J-5 Policy Branch Chief, stated:

	a.  The applicant's HPLRP was submitted into IMARC in July 2013.  The applicant's payment was lost due to the NGB system migration from IMARC to GIMS.  The education clerk for the FLARNG will update his account in the new system and resubmit for his FY 2013 payment.

	b.  Once the applicant confirms he has received his payment he will need to complete new documentation for his FY 2014 payment which will be due on 
16 December 2013.  New NGB policy on HPLRP states that new documentation has to be submitted for each FY payment and must show the previous FY payment made when paying multiple years.

22.  He provided 7 pages of email transmissions dated from 30 January 2014 to 7 March 2014 that show, in effect, that he was in contact with LTC BSF and MAJ SBS regarding the receipt of his HPLRP.  These email transmissions show, as of 
7 March 2014, the applicant's packet was at the NGB pending a review of the payments sometime early the following week.  He was told he would be contacted if there were any further updates.

23.  His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 17 March 2014, which shows he attended and achieved the course standards for the U.S. Army Flight Surgeon Primary Course.

24.  He provided a DA Form 2823, dated 15 April 2014, wherein he stated:

* on or about 28 August 2006, he accepted a 2-year ROTC scholarship at the University of South Florida and received tuition, room and board, and a monthly stipend 
* on or about 17 May 2007, he entered the FLARNG through the SMP, which guaranteed him a commission in the ARNG upon his commissioning from the ROTC on 2 May 2008
* as a result of his transition into the SMP, his tuition was covered by the ROTC scholarship; however, he did still receive room and board and a monthly stipend
* as a result of the SMP contract, he incurred a 6-year commitment to the ARNG plus 2 years in the IRR starting on 17 July 2007; however, the ROTC commissioning incurred 6 years of Reserve time plus 2 years in the IRR starting on 2 May 2008 – both contracts ran concurrently 
* on 2 May 2008, he was commissioned into the FLARNG as an MS officer and on or about 22 April 2009 he was officially designated as a 70B upon completion of the BOLC
* on or about 11 May 2009, he entered into a 27-month civilian PA program with Nova Southern University and incurred a total of $105,000.00 in student loans as a result of his studies
* before graduating PA school, on or about 27 August 2011, he approached the FLARNG recruiter, CPT WDE, who ensured him he was eligible to re-commission in the FLARNG and receive a bonus as a PA through the HPLRP
* he signed a new contract on 16 December 2011, which indicated he would receive his first loan repayment on his first anniversary
* he was due anniversary payments on 16 December 2012 and 2013, but was denied due to a clerical error on Education Incentive Operations Message (EIOM) #11-011 (Implementation Guidance for ARNG AMEDD Officer Incentive Programs for FY 2011)

25.  He provided a letter the Florida Adjutant General sent to his Member of Congress, dated 24 April 2014, wherein LTC BSF stated the FLARNG Education Services Office had exhausted every effort to obtain the HPLRP incentive for the applicant to include requesting an ETP.  On 21 April 2014, the NGB informed the FLARNG Education Services Office that they could not pay the applicant a HPLRP incentive until he completed his initial service obligation for his ROTC Scholarship contract which ends on 1 May 2016. The NGB denied the ETP request.

26.  His DD Form 214 shows he was honorably released from active duty on for completion of required active service on 3 May 2014.

27.  His record contains an NGB Form 337 showing he was granted temporary Federal recognition in the rank of CPT in the West Virginia ARNG (WVARNG) on 10 December 2014.

28.  SO Number 5-25 AR, issued by the NGB on 8 January 2015, shows he was extended Federal recognition as a CPT in the WVARNG effective 10 December 2014.

29.  FY 2012-2013 ARNG AMEDD Officer Incentives Policy MEDSOM #12-001, dated 18 January 2012, states the SELRES incentives available to ARNG healthcare professionals include the HPLRP and Special Pay for health care professionals in critically short wartime specialties, formerly referred to as the Healthcare Professional Bonus.

	a.  Paragraph 5e states ROTC scholarship recipients (66H and 67J) are not eligible for any incentives until 8 years after their initial commissioning date, unless they are accepted into medical or dental school.

	b.  Paragraph 6 (HPLRP) states officers will serve in an ARNG TDA/MTOE unit in order to receive HPLRP.  For each year of satisfactory service in the ARNG, any DOD authorized student loan will be considered eligible for repayment per Army Regulation 135-7 (Incentive Programs) if it has an outstanding balance on the principal and was secured for at least one year prior to the current anniversary date.  Under the HPLRP program, payment in any given year will not exceed the amount authorized for the specialty or the remaining balance of the student loan, whichever is less.  Total program repayments for all years will not exceed the maximum authorized amount for the specialty.  Applicants will complete both forms DA 5536-R and the Amendment to DA Form 5536-R.  Incentive managers will ensure that each HPLRP participant is loaded in IMARC prior to processing.   PAs are authorized $25,000.00 per year with a $75,000.00 lifetime cap.

	c.  Paragraph 7 (Special Pay) states individuals contracting for special pay-approved ARNG specialties will receive $5,000.00 to $25,000.00 per year, depending upon their specialty.  Participants must choose 1, 2, or 3 years of affiliation with the ARNG at the time of application.  Taxes are withheld.  PAs (65D) must possess certification from the National Commission on Certification of Physician Assistants.  Aero-Medical Evacuation Pilots (67J) must have completed Aviation BVOLC and Medical Evacuation Doctrine Course.  The special pay for health professionals may be used as an accession or retention tool for Medical Corps, Dental Corps, Veterinary Corps, Medical Specialist Corps, and Medical Service Corps.  Individuals contracting for special pay-approved ARNG specialties will receive $5,000.00 to $25,000.00 per year depending upon their specialty.  PA's will receive $20,000.00 per year for a  3-year contract, $15,000.00 per year for a 2-year contract, and $10,000.00 for a 1-year contract.

	d.  Paragraph 12 (Participation in HPLRP and Special Pay Programs) states the HPLRP and special pay may be contracted for at the same time in either order. However, payments and the payback time will be consecutive.  The healthcare professionals will sign a USAREC 1252 at the time of accession to show the order in which they would like to receive the incentives.  Both contracts, with the USAREC 1252, will be submitted to NGB for processing at the time of accession. The NGB will process then in the order that is annotated on the USAREC 1252.

30.  DA Pam 611-21 (Military Occupational Classification and Structure), paragraph 1–7 (Chapter 3 Summary) provides that chapter 3 describes officer branch, functional area/medical functional area (FA/MFA), immaterial codes, AOC, and reporting classification codes.  The information is available at:  https://www.milsuite.mil/book/groups/smartbookdapam611-21.

31.  DA Pam 611-21, Table 3-1 (MFA/AOC), provides a description of positions requiring AOC 70B and includes the following: Executive Officer, Medical/Dental Company or Detachment; Hospital Administrative Assistant; Medical Platoon Leader, Field Medical Assistant.  At the operational level, these officers plan, coordinate, monitor, evaluate, and advise unit commanders and staff in both medical and nonmedical areas of patient evacuation and treatment, organizational administration, supply, training, operations, intelligence, transportation and maintenance.  AOC 70B is an entry level AOC for MFA 70.  In order to qualify for this AOC, officers must have successfully completed the AMEDD BOLC.  This AOC is only for use by AMEDD Company Grade Officers within MFA 70.

32.  DA Pam 611-21, paragraph 3-67 (MS Corps (67)), provides the branch description for series 67 AOCs and states all MS Corps officers will be awarded one of 22 MS Corps branch AOCs (67E, 67F, 67G, 67J, 70A, 70B, 70C, 70D, 70E, 70F, 70H, 70K, 71A, 71B, 71E, 71F, 72A, 72B, 72C, 72D, 73A, 73B) and will be further identified with branch code 67 (e.g., 70A67).

	a.  The first two characters (numeric), such as 70, 71, 72 and 73 identify the Medical Functional Area (MFA) and the third character (alpha) identifies the specific specialty.

	b.  For instance, 70C67 identifies a Medical Service Corps officer (Branch 67), in the Health Services MFA (70) who is a Health Services Comptroller (70C). AOC 67J is normally associated with MFA 70; however, these officers will retain AOC 67J as their primary AOC unless it is withdrawn.

	c.  AOC 67A is used to identify Health Services immaterial positions that must be filled by officers holding MFA 70 AOCs or AOC 67J.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant contracted for an ROTC scholarship in 28 August 2006.  In doing so, he incurred an 8-year military service obligation.  He contracted for the SMP on 17 May 2007 and incurred a 6-year Selected Reserve obligation and a 2-year IRR obligation.  However, his contracts ran concurrently.  The only adjustment would be that based upon his SMP contract, his service obligation began on 2 May 2008, the day he was commissioned.   As such, his obligation to serve in the ARNG ended on or about 1 May 2014 but he was required to serve in the IRR until 1 May 2016.

2.  He signed a new contract on 16 December 2011.  His contract shows he agreed to serve an additional 3 years in the ARNG in exchange for 3 years of consecutive HPLRP payments of $25,000.00, beginning on the 1st anniversary of his contract.  When he initiated a request for payment in accordance with the contract terms, his request was denied and a subsequent request for an ETP to entitle him to loan repayment under the HPLRP was denied by NGB, because his initial AOC (70B) was excluded from eligibility since it was determined to be too similar to AOC 67J, which was an excluded AOC.

3.  The MS Corps includes a variety of AOCs and/or MFAs, and it has a numeric branch code, branch code 67.  All of the AOC and MFAs, with very few exceptions having no bearing on this case, fall under branch code 67.

4.  There are 22 MS Corps branch AOCs/MFAs, and all MS officers will be awarded or hold one of these AOC/MFAs.  Furthermore, 67J and 70B are both listed separately (emphasis added) as MS Corps branch AOCs/MFAs.

5.  All MS Corps branch AOCs/MFAs, when properly listed will be further identified with branch code 67 (e.g., 70B67).  The first two characters are numeric and identify the MFA and the third alpha character identifies the specific specialty.  For instance, 70B67, the applicant's initial classification, identifies a MS Corps officer (branch 67), in the Health Services MFA (70) who is a Health Services Administrator (70B).

6.  Paragraph 3-67 of DA Pam 611-21 specifically states that "AOC 67J is normally associated with MFA 70, but these officers will retain AOC 67J as their primary AOC unless it is withdrawn."  This quoted section is the source of all the confusion and has been incorrectly interpreted to mean that if an officer holds any MFA associated with a MFA 70 (such as 70A, 70B, 70C, 70D, 70E, 70F, 70H, 70K) that they must also hold AOC 67J.  Furthermore, that, and in the applicant's case, 70B and 67J are the same thing and in fact interchangeable.  However, this is not the case.

	a.  This quoted section of the guidance is stating that the AOC 67J is normally associated with a 70 MFA because an officer who holds the primary AOC of 67J would usually hold the secondary AOC/MFA 70.
	
	b.  This means that if they are a 67J they will probably also have a MFA 70 because that officer must attend additional training to become an aero-medical evacuation aviator.  It should be noted also that the quoted reference says "normally associated with" not always associated with, and therein lies the difference. 

	c.  An MS Corps officer can be a 70B76 and not have a primary or secondary AOC of 67J.

7.  The evidence of record shows he was eligible for the HPLRP and the Special Pay incentive at the time he signed his contract, that he was offered the contract in good faith, and that he has fulfilled his contractual obligations.  Therefore, his contract should be honored and he should receive the HPLRP incentive for which he contracted.

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 State ARNG and Department of the Army records of the individual concerned be corrected by showing he was eligible and paying him the HPLRP incentive.



      ___________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)                                         AR20140010468





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20140010468



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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