BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20150003013 


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 his commissioning date as a second lieutenant (2LT) and accessioning date into the Army Health Professions Scholarship Program (AHPSP) be corrected to show the date of 16 October 1997 and that he be compensated for tuition payments, stipend, book reimbursement and other benefits he failed to receive from 1997 – 1999 due to his erroneous                 disenrollment from the HPSP in 1997 and subsequent re-enrollment in 1999. 

2.  The applicant states that his records currently show he was commissioned as a 2LT in the HPSP on 23 July 1997; however, he was commissioned and sworn in as a 2LT on 16 October 1997.  He goes on to state that when he was recruited into the HPSP he was told that his tuition payments, stipend, book reimbursement and other benefits of the program would begin that year.  However, he was later informed that it was being revoked and he would be accessed into the program a year later.  He continues by stating that he was commissioned a second time on 1 June 1999 and again on 23 July 1999.  He also states that as a newly recruited 2LT he had no concept that he could appeal to restore his original accession in the HPSP and only recently found the documents to support this correction.  He further states that he experienced financial burdens due to this error that should have been covered by the Army.

3.  The applicant provides copies of his oaths of office, his HPSP Agreement and photographs of him accepting his oaths of office. 



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.  The applicant’s official records show that he signed a 1- year HPSP agreement on 1 June 1999 and was commissioned as a United States Army Reserve (USAR) 2LT on 23 July 1999.  He was commissioned as a USAR Medical Corps captain (CPT) on 23 May 2000 and was ordered to active duty on 5 September 2005. 

3.  He has continued to serve on active duty and was promoted to the rank of lieutenant colonel on 5 September 2012.

4.  The applicant provides a copy of a HPSP Agreement showing that he entered into a 2-year agreement and was commissioned as a 2LT on 16 October 1997.  However, it does not indicate that it was accepted by the appropriate officials.

5.  In the processing of this case a staff advisory opinion was obtained from Headquarters, U.S. Army Recruiting Command (USAREC) which opines that the agreement provided by the applicant with his application is erroneous because it was never accepted by appropriate officials.  Additionally, the applicant was initially selected as an alternate for the 2-year HPSP on 16 July 1997 and it appears that the documents provided by the applicant were completed in error. However, the documents were never entered into the system.  Officials at the USAREC go on to state that the applicant was picked up as an alternate for the 1-year program and completed the necessary forms and was enrolled in the HPSP in 1999.  Upon graduation, he was appointed as a captain

6.  The advisory opinion was provided to the applicant for comment and he responded to the effect that regardless of the circumstances, the Army entered into an agreement when he took his oath and it was signed by the recruiter, which made it a binding agreement and the Army had a responsibility to fulfill its obligations under that contract just as he was expected to fulfill his obligations under the HPSP.  Accordingly, the Army should be required to uphold the 2-year agreement he entered into.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the Army should be required to pay for the 2-year HPSP contract he signed in 1997 has been noted and appears to lack merit.

2.  The evidence of record indicates that the applicant was selected as an alternate selectee for the 2-year HPSP; however, the recruiting officials incorrectly initiated a contract and gave him an oath of office for a program that he was not selected for.  Accordingly, the contract was never processed to completion. 

3.  The applicant was selected from the alternate selection list for a 1-year HPSP agreement in 1999 and received the benefits associated with that program and was commissioned as a Medical Corps CPT in 2000.

4.  The facts indicate that he did not participate in the HPSP in 1997 and 1998 and therefore is not entitled to benefits for which he was not entitled and he has provided no evidence to show that he was not properly informed at the time of the circumstances.

5.  Accordingly, there does not appear to be any basis to grant his request for correction of his records and reimbursement 18 years after the fact.

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)                                         AR20150003013





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ABCMR Record of Proceedings (cont)                                         AR20150003013



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