IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001946
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 that the Health Professional Loan Repayment Program (HPLRP) be added to his incentive contract.
2. The applicant states, in effect, that the HPLRP incentive was a major factor in his decision to join the U.S. Army Reserve (USAR) and he signed the contract with the understanding that he would receive a signing bonus and HPLRP incentive, he just had to indicate which one he wanted to be dispersed first. However, the HPLRP incentive was left off of his contract and in the fourth year of his contract he was told that he was not going to receive the HPLRP incentive because it was not on his contract. He also states that he took a lower paying job so that he would be able to meet his USAR obligations because he was assured that his student loans would be paid. Accordingly, the clerical error should be corrected and the HPLRP incentive added to his contract.
3. The applicant provides copies of his incentives declaration statement and retirement points statements.
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 3 December 2009, the applicant signed an incentives declaration statement in which he agreed to a special pay incentive. On 15 October 2010, a memorandum was dispatched to the Medical Recruiting Battalions announcing that the applicant had been selected and approved for commissioning as a USAR Veterinary Corps (VC) officer with a special pay incentive.
3. The applicant was commissioned as a USAR VC captain on 18 October 2010. He was ordered to active duty in support of Operation Enduring Freedom on 30 May 2013 and deployed to Kuwait during the period 20130709 20140401. He was honorably released from active duty on 3 May 2014.
4. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Recruiting Command (USAREC) at Fort Knox, Kentucky which opines, in effect, that based on the supporting documents in his packet, the applicant was not authorized the HPLRP as an initial incentive and his packet was properly processed for a special pay incentive. However, the applicant is currently eligible for an HPLRP as a retention incentive upon application to the U.S. Army Human Resources Command (HRC) Incentives Branch.
5. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he discussed the HPLRP with his recruiter and was of the understanding that he was receiving both a special pay incentive and HPLRP incentive is not in doubt, he has provided no evidence to show that such was the case.
2. The applicants incentive declaration statement clearly shows he was promised only a special pay incentive and he initialed and signed the document. Additionally, information received from the USAREC indicates that he was not eligible for both incentives.
3. Accordingly, there appears to be no basis to grant his request to add the HPLRP incentive to his incentive declaration statement.
4. However, he is not precluded from applying to the HRC for the HPLRP as a retention incentive.
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) AR20150001946
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ABCMR Record of Proceedings (cont) AR20150001946
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