BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140016268 


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 his active duty obligation (ADO) date be corrected from 8 March 2014 to 15 June 2013 based on his participation in the Active Duty Health Professions Loan Repayment Program (ADHPLRP).  Additionally, he requests his 4-year contract signed in March 2013 reflect a start date of 16 June 2013. 

2.  He states:

   a.  He entered active duty on 29 March 2010, at which time he attempted to collect his 7 years of ADHPLRP in conjunction with a $75,000.00 signing bonus.  He adds he was unsuccessful in collecting his contract incentives and in September 2010, he contacted the U.S. Army Recruiting Command (USAREC) for assistance.  USAREC informed him that his contract could not be honored because the contract incentives were not authorized by Army regulations.  He states after several months of correspondence, a new contract was finalized which included 3 years of ADHPLRP and an ADO reflecting his time spent on active duty from 29 March 2010. 

	b.  He also states on 6 March 2013, he signed a new 4-year contract that stated his Health Professions Pay Entry Date (HPPED) was 29 March 2010 and the effective start date of his new contract was 30 March 2013.  However, in May 2013, the Office of the Surgeon General (OTSG) informed him that his current obligation was not completed and a new contract would not be honored.  The obligation was based on the initiation date of the 3-year Health Profession Loan Repayment Program (HPLRP) incentive.  
   c.  He offers that the first ADHPLRP payment was made on 9 March 2011; therefore, he says it was prudent to establish the ADHPLRP ADO commencing on 9 March 2011 and ending on 8 March 2014 (3 years).  He adds the first payment of the HPLRP incentive was significantly delayed and in June 2013, he was contacted by the OTSG.  The OTSG determined that the date he entered active duty should not have been used as the date he started fulfilling his ADO. 

3.  He provides:

* Statement for Commissioning U.S. Army Medical Department (AMEDD) Officer U.S. Army - Active Duty, dated 25 January 2010
* Emails
* Officer Record Brief
* Memorandum, subject:  Request for Health Professions Officer Combined Incentive Pay and Retention Bonus, dated 6 March 2013

CONSIDERATION OF EVIDENCE:

1.  On 25 January 2010, the applicant completed a Statement for Commissioning AMEDD Officer, U.S. Army - Active Duty.  In his statement, he acknowledged that he was being commissioned for the Dental Corps for a period of 3 years and his area of concentration was 63A (General Dentist).  His incentives were listed as the HPLRP and Special Pay.

2.  The applicant was appointed as a captain in the Regular Army (RA) and executed an oath of office on 29 March 2010.  He attended and successfully completed the AMEDD Officer Basic Course from 30 March to 1 June 2010.

3.  His official military personnel file (OMPF) is void of the ADHPLRP contract.  However, his Statement of Commissioning indicates the ADHPLRP was one of the addenda attached to his contract.

4.  The applicant provides numerous email between himself and Army officials showing his issues with the HPLRP and his attempts to adjust his ADO.  In an email from the Senior Dental Corps Staff Officer, dated 8 July 2013, the officer stated that he had read a lot of email traffic on the applicant and his HPLRP ADO issues.  He stated that he knew the applicant's position on this subject, but unfortunately he was wrong.  He invited him to read his HPLRP contract and the attached HPLRP policy, specifically paragraph 3-2a.  He stated that the applicant's first HPLRP payment was made on 3 March 2011 and therefore, his ADO commenced on that date and would be completed on 8 March 2014.  He said he did not know why there was such a long delay from the time he entered active duty to the first HPLRP payment.
5.  On 30 March 2013, he signed a memorandum, Subject:  Request for Health Professions Officer Combined Incentive Pay and Retention Bonus, dated
6 March 2013.  The effective date of the agreement was listed as 30 March 2013. In the memorandum he agreed to serve 4 years of continuous active duty.  He signed the memorandum indicating he understood that in consideration of him entering into the agreement, the U.S. Army agreed to pay him incentive pay and a retention bonus, subject to availability of funds, in an equal annual amount of $25,000.00 for each year of the agreement.

6.  During the processing of this case an advisory opinion was obtained from the Executive Officer, Medical Education Directorate who stated:

   a. The applicant indicated that his ADO of 8 March 2014 is incorrect based on his participation in the ADHPLRP.

	b.  A review of supporting documentation indicates the applicant received 
3 years of ADHPLRP with an associated ADO of 3 years.  The applicant received the first incentive payment when eligibility was determined by this office and the ADO for that payment was incurred at that time.

	c.  The applicant's participation in the ADHPLRP began on 9 March 2011 and ended on 8 March 2014.

7.  On 5 December 2014, a copy of the advisory opinion was provided to the applicant for review and comment.  No response was received.

8.  DODI 1205.21 states the authority to execute payment of all incentive programs included in this instruction is subject to authorization in law and appropriation of funds, and applicable DOD and Service policies.  Section E9 covers the HLPRP Written Agreement, including the acknowledgement, understanding, and authentication

9.  Army Regulation 601-141 (U.S. Army Health Professions Scholarship, Financial Assistance, and ADHPLRP) sets policies and procedures for implementing the Army portion of these programs.

   a.  Chapter 4-3, obligation states, in pertinent part, that participants who enter active duty with ADHPLRP as their initial obligation will be subject to the standard 8-year service obligation consisting of a minimum 2 years or one year of ADO for each annual repayment, whichever is greater.  This 8-year service obligation is served concurrently with any other obligation.

   b.  In addition to the ADHPLRP ADO, participants will incur a minimum term of 3 years of service on active duty if other than a physician, or 2 years if a physician.  This minimum term will run concurrently with the ADHPLRP ADO, unless the ADO is less than the minimum term of service, in which case the member will not be released from active duty until the minimum term has been served.

	c.  The initial ADHPLRP entry date will be established as the date of the first loan payment.  The subsequent ADHPLRP payment anniversary date occurs annually from the date of the first loan payments.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant accepted a commission in the RA and entered active duty on 29 March 2010.  Although a copy of his contract for HPLRP is not contained in his available files, a memorandum from the Medical Education Directorate verified that he contracted for the ADHPLRP and he received 3 years of ADHPLR with an associated ADO of 3 years. 

2.  The evidence of record shows he received his first incentive payment on
9 March 2011.  In accordance Army Regulation 601-141, as cited above, participants will incur a minimum term of 3 years of service on active duty if other than a physician and the initial ADHPLRP entry date will be established as the date of the first loan payment.  Therefore, his ADO of 8 March 2014 is correct as constituted and consistent with the evidence provided. 

3.  The evidence further shows he was commissioned on 29 March 2010 for a period of 3 years.  Therefore, he is not entitled to correction of the start date of his 4-year contract to reflect 16 June 2013 since he was still under his initial 3-year obligation until 28 March 2013.  Therefore, he could not have started his new 4-year contract until the expiration of the old one. 

4.  In view of the foregoing, there is an insufficient basis for granting his 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)                                         AR20140016268





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ABCMR Record of Proceedings (cont)                                         AR20140016268



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