DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WJH
Docket No: 9996-09
15 Mar 10
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
REVIEW OF NAVAL RECORD
Ref: (a) Title 10 U.S.c. 1552
Encl: (1) DD Form 149 w/attachments
(2) BUMED itr 1000 Ser M1/10UM1106 of 27 Jan 2010
(3) Subject’s naval record
1. Pursuant to the’ provisions of reference (a) Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that Petitioner incurred only one
year of obligated service for her participation in the loan
repayment program in 2006.
2. The Board, consisting of Messrs. Pfeiffer, Zsalman, and
George reviewed Petitioner’s allegations of error and injustice
on 15 March 2010 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner’s allegations of error and injustice,
finds as follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. The Health Professions Loan Repayment Program (HPLRP)
provides an incentive for active duty medical personnel to
Docket No: 9996-09
extend their active duty commitment through the payment of
professional educational loans.
c. In 2006, Petitioner received conflicting information
about the term of service which she would be required to perform
in order to qualify for the repayment of her professional
educational loans.
d. In March 2006, Petitioner submitted a HPLRP service
agreement wherein she agreed to extend on active duty for one
year commencing in August 2007 in order to qualify for the
repayment of her professional educational loans.
a ge
€. Petitioner later learned that the term of her agreement
to extend on active duty was “changed” from “one year” to “two
years” by representatives of the Navy Medicine Manpower
Personnel Training and Education Command. The change was made
because the Navy’s instruction governing the HPLRP requires a
recipient to extend on active duty for two years. However,
there is no evidence that Petitioner was advised of this change.
£. Petitioner. subsequently executed Pharmacy Officer Special
Pay agreements effective August 2007 and October 2008. Those
agreements also require the recipient to extend on active duty
for a specified term.
g. Petitioner is seeking to have the record corrected to
show that she incurred only one year of obligated service for
her participation in the loan repayment program.
h. In correspondence attached as enclosure (2), the office
having cognizance over the subject matter addressed in
Petitioner's application has commented to the effect that the
request has merit and warrants favorable action,
CONCLUSION
Upon review and consideration of all the evidence of record, and
especially in light of the contents of enclosure (2), the Board
finds the existence of an injustice warranting the following
corrective action.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate,
to show that:
Docket No: 9996-09
a. Petitioner incurred only one year of obligated service
for her participation in the loan repayment program in 2006.
b. Petitioner's new Obligated Service Date for acceptance
of the HPLRP payment combined with the subsequent Pharmacy
Officer Special Pay payments will be “October 2011” vice
“October 2012."
c. That so much of Petitioner’s request for corrective
action as exceeds the foregoing be denied.
d. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
4, Pursuant to Section 6(c) of the revised Procedures of the
Board for Correction of Naval Records (32 Code of Federal
Regulations, Section 723.6 (c) it is certified that quorum was
present at the Board’s review and deliberations, and that the
foregoing is a true and complete record of the Board’s
proceedings in the above entitled matter. ros
ROBERT D. ZSALMAN WILLIAM J. HESS, III
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of the Navy.
15 March 2010
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