MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 October 2000                  
	DOCKET NUMBER:    AR2000039100

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Edwin S. Castle		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 New Specialized Training Assistance Program (STRAP) debt be forgiven.

APPLICANT STATES: That the courses included in her training period were completed with the final Spring 1992 semester; that she was never notified by the Army that her participation in STRAP had been terminated, she remained an active member of the US Army Reserve (USAR) and the Individual Mobilization Augmentee program until 1994, and she never violated any portion of the STRAP service agreement.  She further states the Army incorrectly initiated recoupment because she did not meet a graduation date requirement.  She recounts that after completing her STRAP training requirement in May 1992, the monthly stipend payments stopped and she relocated to Florida for family health reasons. The masters program normally allowed 7 years for completion, but she was granted an extension to complete the research requirement.  She believed that since the Army had approved of the degree program, and the university allowed her 8 years to complete the degree, then the Army would also allow her 8 years to complete the degree.  Her first indication that there was a problem was a 1998 letter she received from a collection agency.  She thought the problem was that the STRAP office had not contacted her school to learn that she was still in the masters program.  She asserts that the program did not require her to submit enrollment forms once the stipend payments stopped. 

In support of her application the applicant submitted a lengthy statement (summarized above), several letters that she received or wrote to collection agencies, her congressman, the Defense Finance and Accounting Service, and others.

EVIDENCE OF RECORD: The applicant's military records were not available.  The documents herein were provided by the applicant.

On 11 September 1989, the applicant signed a STRAP service agreement.  The following are paraphrased excerpts of that agreement:  

I am scheduled to commence participation in the New STRAP on 11 September 1989.  I am scheduled to complete my specialized training and New STRAP participation on 20 June 1991.  Therefore, if I receive a stipend during this period, the service obligation I incurred by participation in the New STRAP will end on 20 June 1995.

On successful completion of my specialized training and New STRAP participation, I further understand and agree that I will not begin discharging my New STRAP obligation until successful completion of the specialized training and that such discharge will continue, uninterrupted until my obligation is fully satisfied unless I am sooner separated or discharged.

I agree that I will continue to participate in the New STRAP unless such participation is terminated by Headquarters, Department of the Army.  Termination may be effected if I fail to successfully complete the specialized training program.

I understand that I may be required, at the option of the Secretary of the Army, to reimburse the Government for the total amount of stipend paid to me if I am terminated from New STRAP. 

On 20 May 1991, the Office of The Surgeon General notified the applicant her request for contract modification had been approved.  She was now scheduled to complete her specialized training and New STRAP participation on 20 May 1992. Her STRAP service obligation previously established as 20 June 1995 was amended to read 20 May 1998.

On 8 July 1997, Army Reserve Personnel Command (AR-PERSCOM) issued a Chronological Statement of Retirement Points, which indicated that after May 1994 the applicant no longer participated in the Troop Program Unit program.

In May 1998 she was awarded a Master of Science degree.

On 20 October 1998, the AR-PERSCOM, STRAP Manager prepared a memorandum for DFAS to summarize the applicant’s participation in the STRAP. He outlined that on the applicant’s original contract the anticipated graduation date was 20 May 1990, however she received approval for an extension until 20 May 1992.  DFAS’s records show that action was initiated on 18 December 1996, to recoup the stipend paid.  This action was taken because the applicant had failed to graduate by 20 May 1992 and that her subsequent graduation in May 1998 did not preclude the fact that she was in violation of her STRAP contract.

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.  The applicant appears to equate the completion of the classes, but not earning a degree, as equal to meeting the specialized training that was set forth in her STRAP service agreement.  The completion of specialized training could only have been met by obtaining a masters degree in the designated specialization.  The applicant’s approved amendment to her service agreement obligated her to earn a masters degree by 20 May 1992.  The applicant violated that agreement when she did not earn a masters degree by 20 May 1992.  Since the applicant failed to obtain the required degree, she did not fulfill the specialized training requirement; therefore, the Board concludes the debt is valid.

2.  The applicant contends that the STRAP program manager’s office failed to contact the school to learn of her degree progress, and that she interpreted the stopping of the monthly stipend as a sign that her extension to 8 year academic program had been accepted.  The Board believes that stopping the payments coincided with her May 1992 expected graduation date.  Since the applicant was already assigned to a unit, it appears the STRAP program manager’s office made the mistake of assuming that the applicant had graduated and no further action was needed.  This does not release the applicant from her written and implied obligation to keep the STRAP program manager’s office abreast of her academic changes, therefore the Board concludes she violated her STRAP service agreement.

3.  The applicant infers that she has met her military service obligation.  The meeting of the military service obligation could only have started after May 1998. The applicant has provided no documentation that she has served in a unit after 1994.  The Board concludes she has not met her military service obligation.

4.  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 is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__mkp___  ___htm__  ___esc__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000039100	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001024	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.