MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           13 January 1999                   
	DOCKET NUMBER:   AC98-12588
				   AR1998013616

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Margaret V. Thompson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her Health Professionals Loan Repayment (HPLR) eligibility be made retroactive to 17 August 1992, the date she was commissioned.  She does not provide a copy of her loan application or her Student Loan Bonus Addendum.

APPLICANT STATES:  She was not aware the few months in the Individual Ready Reserve (IRR) would make her ineligible for the HPLR.  She intended to remain in the active reserve and was placed in the IRR only until a slot in her military occupational specialty (MOS) could be established in a Troop Program Unit (TPU).

EVIDENCE OF RECORD:  The applicant's military records show:

She initially enlisted in the Connecticut Army National Guard on 15 March 1985.  She served a 6-month period of active duty during Operations Desert Shield/Storm, to include almost 4 months in Southwest Asia.

The applicant was discharged from the Army National Guard effective 16 August 1992, in pay grade E-5, to accept a U. S. Army Reserve commission as a second lieutenant in the Army Nurse Corps effective 17 August 1992.  

On 17 August 1992, the applicant completed DA Form 5536-R, Agreement Health Professionals Loan Repayment (HPLR).  Section II, Eligibility, of that form states in part “I am/will be performing as an officer in a Selected Reserve unit of the ARNG or USAR….I must remain in the Selected Reserve in good standing to obtain loan repayments.”  Section V, Termination, of that form states in part “I understand my eligibility will continue unless terminated because I:…enter the inactive National Guard or Individual Ready Reserve….”

On 15 September 1992, the applicant was assigned to the IRR apparently because there were no positions available in a TPU within a reasonable driving distance.

On 26 March 1993, the applicant was assigned to an Individual Mobilization Augmentee position pending assignment to a TPU.  On 20 April 1993, she was assigned to a TPU position with the 351st General Hospital.  This unit apparently was shortly thereafter deactivated.  On 15 August 1993, she was assigned to a TPU position with the 405th Combat Support Hospital.

Sometime in 1995, the applicant initiated paperwork for repayment of loans obtained during her graduate school 1994 – 1996.  On 16 February 1996, the Student Loan Repayment Program Team, Reserve Component Pay Support Office (RCPSO) routed a deficiency notice through her commander noting that the promissory note had not been submitted, the appropriate Student Loan Bonus Addendum was missing and her commissioning orders were required before action could be taken.

On 9 May 1996, RCPSO routed a deficiency notice through her commander noting that the bonus addendum was signed on 14 August 1992 but she was not on the system until 22 March 1993.  An explanation was requested and if she had gone into the IRR she would have to execute a new addendum.

On 20 August 1996, a third request for information was sent out by the RCPSO.

On 24 October 1996, the applicant noted in a letter to her commander that her application for the HPLR program had recently been rejected but she did not feel it would be fair for her to initiate the DA Form 5536-R addendum now and wait an additional year for repayments to begin.  She had been a new, misinformed officer and was unaware of her non-eligibility for loan repayment.

On 31 January 1997, the applicant initiated an Inspector General Action Request. On 11 March 1997, the Office of the Inspector General, 94th Regional Support Command informed her that, after a thorough inquiry and conversations with the HPLR team and the office of the U. S. Army Reserve Command Deputy Chief of Staff for Personnel, it was recommended that she resubmit DA Form 5536-R and a new addendum.  Her action request was closed.

On 4 June 1998, the RCPSO sent out a fourth request for information.  Apparently a new addendum was never sent to the RCPSO.  On 28 July 1998, that office notified the applicant, through her commander, that as she was in the IRR after signing the DA Form 5536-R, she would have to go to this Board for relief.

The HPLR provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid may not exceed $3,000 for each year of eligible service.  The total amount that may be repaid may not exceed $20,000.  To be eligible for the HPLR incentive, a person must perform satisfactory service as an officer in the Selected Reserve 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.  Entitlement to the HPLR will terminate if, among other reasons, the officer becomes an unsatisfactory participant, is separated from the Selected Reserve, or enters the inactive National Guard or IRR.  Each complete satisfactory year of service performed under this HPLR 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.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.	On 17 August 1992, the applicant signed an agreement stating that she understood her HPLR eligibility would be terminated if she entered the inactive National Guard or IRR.

2.  The Board does not agree that she was a new, misinformed officer who was unaware that entering the IRR terminated her HPLR eligibility.  She had had       7 years of previous military experience.  In addition, as a commissioned officer she had a responsibility to herself to familiarize herself with any agreement document she signed.

3.  Knowing from her signed agreement that her eligibility had terminated with her entering the IRR, it was her responsibility to determine what was required to re-instate her eligibility once she was assigned to a TPU.  If the applicant had followed up on this responsibility in 1993, her graduate school loans would have been eligible for repayment in 1995.

4.  The applicant was officially informed in 1996 and again in 1997 that she would have to sign a new addendum in order to restart her eligibility.  She chose to ignore this advice.  

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

TNK_____  WTM_____  MVT_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12588/AR1998-013616	
SUFFIX		
RECON		
DATE BOARDED	19990113	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.