PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:            9 December 1999                  
	DOCKET NUMBER:    AR1999020637

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

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Mr. James P. Steuve		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her DA Form 5536-R, Health Professionals Loan Repayment (HPLR) agreement have its date corrected from 30 January 1993 to 12 August 1995.

3.  The applicant states she had signed a Specialized Training Assistance Program (STRAP) agreement on 22 April 1993, and was unaware that her HPLR agreement would be terminated by doing so.  This has resulted in $9,000.00 that had been paid to her lending institution being collected from her.  She was also unaware that she had to execute a new HPLR agreement after she completed the terms of her STRAP.  She states that it is very important to her to receive financial assistance in the future because she has enrolled in the Nursing Masters program.

4.  In support of her application she submits a statement from her former unit administrator who states that the applicant has a $9,000.00 collection action being taken on her because she could not receive both the STRAP and the HPLR at the same time.  The administrator continues that the applicant was not informed that she could not receive both incentives nor was she told that she had to complete a new HPLR agreement after she completed her STRAP.

5.  The applicant’s military records show that on 30 January 1993, while a lieutenant assigned to a USAR unit, the applicant completed an HPLR agreement.  On 22 April 1993 she executed a STRAP agreement.  Neither agreement stated that a recipient could not receive another incentive in conjunction with the benefits specified in that form.

CONCLUSIONS:

1.  The lack of any mention that an officer cannot receive more than one health professional incentive lends credence to the applicant’s contentions.

2.  By backdating the applicant’s second HPLR agreement, she will be able to realize the full benefit of that incentive in conjunction with her masters program.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all Department of the Army records pertaining to this case be corrected by showing that the individual concerned signed a properly authenticated DA Form 5536-R, HLRP, on 12 August 1995 in place of the existing DA Form 5536-R dated 30 January 1993.

BOARD VOTE:  

_jhl_____  _tdh_____  _jps_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_ JoAnn H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999020637	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991209	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.