IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20150000565


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, in effect, correction of his records to show he was eligible and approved for benefits under the Health Care Professional Loan Repayment Program (HPLRP) at the time of his accession.  

2.  The applicant states, in effect:

   	a.  In September 2012, an error was made in the processing and activation of his incentive contract for the HPLRP.
 
   	b.  The contract for the HPLRP was not initiated at the time of his accession as required by the Fiscal Year (FY) 2012-2013 policy.  In January 2014, at the time the error was discovered the eligibility criteria for this incentive had changed and he was no longer eligible.

   	c.  In April 2012, he completed the U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement), wherein he indicated his desire and intent to contract for both the HPLRP (to be received first) and Special Pay (3 years, following the HPLRP) incentive under the Army Medical Department (AMEDD) Officer Incentives Policy for FY 2012-2013, dated 18 January 2012.  Page 13 details the process for participation in both incentive programs.

   	d.  His area of concentration (AOC) 66P (Family Nurse Practitioner) was eligible as a FY 2012-2013 critical skills shortage.   
   	e.  In September 2012, he emailed CPT O., the Wisconsin Army National Guard (WIARNG) Officer Recruiter, wherein he communicated his desire to switch the order in which he would receive the eligible incentives; participating in the special pay first, followed by the HPLRP.

   	f.  His 3-year Special Pay incentive was executed in September 2012; however, the HPLRP was not and he was informed that a policy change had occurred and his AOC was no longer eligible.

3.  The applicant provides:

* nine memoranda
* USAREC Form 1252
* 12 pages of email
* USAREC Form 1166 (Selected Reserve Special Pay Program Contract – Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties) with addendum
* DA Form 5536 (Agreement Health Professionals Loan Repayment (HPLR) with amendment
* approximately 42 pages of loan agreements and documents from the National Student Loan Data System (NSLDS)
* Oaths of Office, dated 28 June 2012
* memorandum from the National Guard Bureau (NGB), subject: Fiscal Year 2012-2013 ARNG AMEDD Officer Incentives Policy (Medical Support Operational Messages - MEDSOM #12-001)     

CONSIDERATION OF EVIDENCE:

1.  On 11 April 2012, the applicant completed a USAREC Form 1252, wherein he contracted to receive the HPLRP and Special Pay, based on his appointment in a specified wartime critical shortage AOC in the USAR or ARNG.  

* the form required the applicant to initial next to the appropriate incentives he/she wished to be considered for and place the number "1" next to their initials to denote the incentive they wished to receive first (Special Pay and HPLRP incentives only)
* the applicant initialed the form and a typed number "1" was inserted next to his initials, indicating he desired to receive the HPLRP incentive first and the Special Pay-3 year second 
* the applicant and the WIARNG Officer Recruiter, CPT O., both signed the form on that date

2.  On 28 June 2012, the applicant executed his oaths of office in the rank/grade of first lieutenant/O-2 in the WIARNG and was appointed in the Army Nurse Corps in the AOC of 66P.  He was promoted to captain/O-3 effective 3 July 2014. 

3.  The applicant provides:

   a.  Numerous correspondence between himself and Army officials showing his attempts to obtain information regarding his eligibility to activate and receive HPLRP benefits. 
   
   b.  Numerous pages of printouts from the NSLDS documenting his loans.
   
   c.  A DA Form 5536 with amendment, which explains the HPLRP and confirms the eligibility requirements and repayments.  He and CPT O., the WIARNG Officer recruiter, signed this form on 7 August 2012.  

4.  On 11 March 2015, in connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau.  The advisory official recommended approval of the applicant’s request and opined:

	a.  Soldier states that in September 2012 an error was made in the processing and activation of his incentive contract for HPLRP.  The contract for the HPLRP was not initiated at the time of his accession as directed under policy for FY 2012-2013.  In January 2014, the error was discovered and the eligibility for this incentive had changed and the Soldier was no longer qualified. 

     b.  On 10 January 2014, CPT S., WIARNG AMEDD recruiter, contacted the NGB AMEDD Incentives Branch.  Under policy changes effective in FY 2014, the Soldier was no longer eligible.

     c.  On 15 April 2014, CPT S., signed a Memorandum for Record that reads, "It is my belief and understanding that under the policy and law in place at the time of [Applicant's] commissioning into the WIARNG, and as demonstrated by the completed USAREC Form 1252, [Applicant's] intention was to contract for both Special Pay and HPLRP incentives in 2012.  Any errors that prohibited or delayed processing were due to no fault of the Soldier and took place without the Soldier's knowledge."

     d.  The NGB AMEDD Incentives Branch concurs with this recommendation and the Soldier should be allowed to contract for HPLRP and date the documents such that the contract start date begins one day after the final Special Pay payment.
     e.  The WIARNG concurs with this recommendation.

5.  On 12 March 2015, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  However, he did not respond.

6.  Title 10, U.S. Code, section 16302 prescribes the legal framework for the HPLRP.  It states, in pertinent part, that under regulations prescribed by the Secretary of Defense and subject to the other provisions of this section, the Secretary concerned may repay a loan made, insured, or guaranteed through a recognized financial or educational institution, if that loan was used to finance education regarding a basic professional qualifying degree (as determined under regulations prescribed by the Secretary of Defense) or graduate education in a health profession that the Secretary of Defense determines to be critically needed in order to meet identified wartime combat medical skill shortages. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records, to show he was eligible and approved for benefits under the HPLRP at the time of his accession was carefully considered.  

2.  The available evidence shows the applicant accepted a commission in the WIARNG, and in conjunction with his appointment he executed a contract to receive HPLRP benefits.  His DA Form 5536 and USAREC Form 1252 support his contention that he was eligible to receive HPLRP benefits.

3.  The advisory opinion confirms and supports his contention that he is eligible for HPLRP with a contact start date beginning one day after the his final Special Pay payment.   

4.  In view of the foregoing, his 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 the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing all appropriate documents were prepared and signed in a timely manner to make him eligible for HPLRP benefits such that the contract start date begins one day after his final Special Pay payment; and

	b.  paying him all monies due as a result of this correction in accordance with the terms of his 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)                                         AR20130011044



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ABCMR Record of Proceedings (cont)                                         AR20150000565



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