IN THE CASE OF:	  

		BOARD DATE:	  19 May 2015

		DOCKET NUMBER:  AR20150003685


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, termination of her Health Professional Loan Repayment Program (HPLRP) contract and cancellation of the recoupment action that resulted from an overpayment of her education loans in the amount of $6,616.   

2.  The applicant states, in effect:

* when she signed her HPLRP contract on 29 September 2010, the Army Medical Department (AMEDD) Incentives Department informed her that her loans were qualifying
* she anticipated her student loans in the amount of $34,856 would be paid over a 2-year span
* her first anniversary payment of $20K was made in Fiscal Year 2011 (FY11), and it was then discovered by the National Guard Bureau (NGB), after the payment was made, that she only possessed $13,384 in eligible loans and an overpayment of $6,616 had occurred
* she was misinformed and understood that both her Bachelors and Masters-level loans were qualifying loans because they both met the professional requirements for her social work degree
* it wasn't until she requested her second anniversary payment under the HPLRP and submitted her National Student Loan Data System (NSLDS) data sheets that she was informed that no more payments would be made, as her total eligible loans were already paid the previous year and there would be a recoupment of the overpayment
* it is unjust for the AMEDD to recoup an overpayment to her loans after she served 2 years in an active status with the Army National Guard (ARNG) without the benefit of any AMEDD incentives or HPLRP payments 
* she requested an exception to policy (ETP) for relief from termination without recoupment of the HPLRP overpayment
* the NGB responded that they could neither approve nor deny an ETP request and her contract could not be terminated without the recoupment of overpaid funds

3.  The applicant provides:

* HPLRP Enrollment Packet memorandum
* DA Form 5536-R (HPLRP Agreement), dated 29 September 2010
* Amendment to DA Form 5536-R, dated 29 September 2010
* HPLRP Statement of Understanding, dated 18 March 2011
* NGB Form 337 (Oaths of Office)
* DA Form 71 (Oath of Office – Military Personnel)
* Orders 105-021, issued by the Alabama ARNG (ALARNG) on 15 April 2002, which appointed her in the ARNG in the rank of first lieutenant
* Master of Social Work (MSW) graduate transcripts from The University of Alabama, for a degree awarded on 13 May 2000, dated 9 September 2010
* Tuskegee University, Bachelor of Arts (BA) in Social Work undergraduate transcript, awarded 9 May 1999, dated 14 September 2010 
* Printout titled, "Loans for [applicant]"
* Printout titled, "HPLRP Payments for [applicant]"
* Letter requesting an ETP for termination without recoupment, dated 
30 September 2013
* Memorandum from the Mississippi ARNG (MSARNG) AMEDD Recruiter to the NGB, dated 4 October 2013
* Memorandum from MSARNG Deputy Chief of Staff, Personnel to NGB, dated 30 October 2013
* Memorandum for Record (MFR) from the NGB Officer Incentives Program Manager, dated 28 April 2014
* Memorandum from the NGB to the Defense Finance and Accounting Service (DFAS), instructing the recoupment of HPLRP from the applicant






CONSIDERATION OF EVIDENCE:

1.  On 12 April 2002, she was appointed as a first lieutenant in the ALARNG, in the Medical Services Corps, in Area of Concentration 73A (Social Worker).  

2.  She was later appointed in the MSARNG and was promoted to major (MAJ) on 25 May 2010.   

3.  On 29 September 2010, she executed an HPLRP Agreement.  Section II (Eligibility) of the DA Form 5536-R shows she acknowledged the maximum aggregate amount of repayment under the agreement was $3,000 per year up to a $20,000 HPLRP maximum.

4.  The amendment to her DA Form 5536-R, dated 29 September 2010, shows she acknowledged:

* the maximum aggregate amount of repayments under the agreement was increased to $20,000 per year for the first two annual payment(s) or the remaining balance of the loans, whichever is less
* the third annual payment will not be more than $20,000 or the remaining balance of the loan(s), whichever is less
* if she terminated her HPLRP agreement prior to her anniversary date she would be entitled to a pro-rated amount for the number of months served prior to her anniversary date

5.  An HPLRP Statement of Understanding, dated 18 March 2011, which supplements her signed DA Form 5536-R, shows she acknowledged:

* the maximum aggregate amount or repayment had been increased to $25,000 per year
* total program repayments for all years will not exceed the maximum amount authorized of $75,000 or the remaining balance of the loan(s)
* that her anniversary date will remain the same
* it will not be adjusted to the date she signed the statement of understanding
* (she initialed the statement) "I would like to increase my HPLRP incentive payment to the new authorized annual program amount for my specialty"

6.  On 30 September 2013, she submitted a memorandum to the NGB requesting an ETP for relief from termination without recoupment of the HPLRP overpayment, due to no fault of her own.  

* she anticipated that her student loans in the amount of $34,856 would be paid over two years
* after her initial anniversary payment of $20K in FY11, it was discovered by NGB-Incentives (AMEDD) that she only had $13,384 in eligible loans resulting in an overpayment of $6,616
* when she requested her second anniversary HPLRP payment with her NSLDS data sheets an MSARNG AMEDD Recruiter told her that no more payments would be made as her total eligible loans were already paid the previous year
* she requested her current HPLRP contract be terminated effective 
30 September 2011, without recoupment of the overpayment 

7.  On 4 October 2013, the MSARNG AMEDD Recruiter submitted an ETP request on the applicant's behalf.  He stated, in part:

     a.  The applicant signed her HPLRP contract, effective 29 September 2010, anticipating that it would pay for her BA and MSW in the amount of $34,856.  The applicant's initial anniversary payment was made in the amount of $20K in 2011.  Sometime after, ARNG-GSS-Incentives (AMEDD) discovered the applicant only had $13,384 in eligible debt and her lenders were overpaid $6,616.  He was notified of the discrepancy, Incentives (AMEDD) requested some supporting documents from him, and he awaited further instructions.

     b.  He can see that DD Forms 2475 (Department of Defense (DOD)  Educational Loan Repayment Program (LRP) Annual Application) were developed and forwarded to lenders in FY12; but he does not believe any further payments for FY12 and FY13 were made to her lenders.

     c.   He recommends approval of the ETP for relief from termination without recoupment of the HPLRP overpayment, due to no fault of the Soldier.  She has currently served two years in an active status with no payments made towards her student loan debt, nor payments of any other type of AMEDD incentives.

8.  On 30 October 2013, the MSARNG Deputy Chief of Staff, Personnel submitted an ETP request on her behalf as well.  He stated, in part:

     a.  The applicant contracted for HPLRP, signing DA Form 5536-R on             29 September 2010.  After reviewing her record, a possible overpayment was made on her loans in FY 2011.


     b.  She signed the HPLRP addendum as part of her AMEDD incentives.  This office's recommendation is to approve her HPLRP termination without recoupment. 

     c.  Action requested in order for her contract to be terminated without recoupment of the overpayment due to her serving in good faith.  She has continued her service to the MSARNG for the last two years in an active status with no AMEDD incentives available and no HPLRP payments under this contract.  

9.  In an MFR, dated 28 April 2014, the Officer Incentives Program Manager, NGB, stated the ETP request submitted to the ARNG on 30 October 2013 (on the applicant's behalf) can neither be denied nor approved for the following reasons:

     a.  The applicant originally contracted for an HPLRP incentive on                  29 September 2010.  After further review of (the applicant's) student loans, an overpayment was made on her loans in the amount of $6,616.  The ARNG cannot terminate without recoupment the overpaid amount, as the MSARNG is requesting.  For the ARNG to approve the request would be a violation of law.

     b.  The ETP can neither be denied nor approved, as it would be a violation of Title 10, U.S. Code, section 16302.  All administrative actions have been exhausted on behalf of [the applicant] by the ARNG.  

10.  In a memorandum for DFAS, dated 28 April 2014, the NGB requested DFAS initiate the recoupment for the HPLRP overpayment of $6,616 that the applicant was not entitled to.  

11.  The applicant provides:

     a.  A copy of her MSW transcript from The University of Alabama, awarded on 13 May 2000, dated 9 September 2010.
   
   b.  A copy of her BA transcript from Tuskegee University, awarded 9 May 1999, dated 14 September 2010.  
   
   c.  A printout entitled "Loans for [Applicant]" with a total for two loans in the amount of $32,775.
   
   d.  A printout entitled "HPLR Payments for [Applicant]" with a FY 2011 payment scheduled for 29 September 2011 in the amount of $20,000. 
12.  Army Regulation 135-7 (ARNG and U.S. Army Reserve Incentive Programs) sets forth the policy and procedures for repayment of student loans for health care professionals.  It states the HPLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s).  The loan amount to be repaid may not exceed a certain amount for each year of eligible service.  The total amount that may be repaid may not exceed a certain amount.  To be eligible for the HPLRP incentive, a person must perform satisfactory service as an officer in the Selected Reserves and possess professional qualifications in a health profession that the Secretary of Defense has determined to be needed critically in order to meet identified wartime combat medical skill shortages.  Each complete satisfactory year of service performed under this HPLRP agreement establishes an anniversary date.  Any qualifying loan, which is at least a year old, may then be paid in accordance with the terms of this educational agreement.

13.  DOD Instruction 1205.21 (Reserve Component Incentive Programs Procedures) 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 HPLRP Written Agreement, including the acknowledgement, understanding, and authentication.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for termination of her HPLRP contract and cancellation of the recoupment of the HPLRP overpayment in the amount of $6,616 was carefully considered.  

2.  Upon submitting a request for her second anniversary HPLRP payment, the NGB reviewed her loans and it was discovered that her loans were previously overpaid.  In an ETP request, the MSARNG acknowledges a possible overpayment; however, they requested forgiveness of the debt.  

3.  In her memorandum for an ETP she does not argue the fact that an overpayment occurred.  Instead, she requests forgiveness of the recoupment action resulting from an error that was no fault of her own.  The Board is not an investigative agency, and there is insufficient information to establish which of her loans constituted her entitlement to the incentive, or to reverse the recoupment action.  

4.  In an MFR the NGB Officer Incentives Program Manager states that after a review of her student loans, an overpayment of $6,616 occurred and they (the NGB) could not terminate the contract without recoupment of the overpaid amount.  He further states that to approve the ETP request would be a violation of law.  He submitted a recoupment action to DFAS in April 2014, of which the disposition is unknown.  

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record/action is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  In view of the foregoing, there is no basis for granting her 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)                                         AR20140003679



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003685



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1