MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           5 March 2002                 
	DOCKET NUMBER:   AR2001062692

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Donald P. Hupman, Jr.		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 his student loans be paid under the Health Professionals Loan Repayment (HPLR) program 

APPLICANT STATES:  In effect, his recruiter verbally told him that he was eligible for the loan repayment program.  He contends that the documents he submits show that he should receive this benefit.  He states that he was not aware that his loans were not covered until he received notice of interest being added to his loan amount.

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

The applicant had over 8 years of enlisted service prior to accepting a commission as a second lieutenant, Nurse Corps and executing his oath of office on 4 March 1998.  Other than the basic paperwork relating to his commission and a copy of a certification verifying that he had a valid nursing license, there are no other documents on his official microfiche relating to any incentives or options officially granted him at the time he was commissioned.

The applicant submits a copy of a DA Form 5536-R (Agreement Health Professionals Loan Repayment (HPLR)), a Public Service Deferment Request, a copy of a recruiting brochure for nurses and several documents submitted in concert with his administrative request to have his student loan covered under the HPLR program.

The DA Form 5536-R submitted by the applicant shows, in section IV, Authentication, the signatures of the appointing commissioning official and the applicant.  However, the blocks for a control number, the applicant’s name and social security number and Section II item 2 are blank.  Item 2 is the location for entry of the approved specialty that qualifies an applicant for the HPLR program.

On 31 October 2000, the applicant submitted a request, through his chain of command, to be granted an exception to policy to receive HPLR payments.  His command recommended approval, however, administrative approval was denied on 14 December 2000.

The rationale for that denial was that at the time of his commissioning his medical specialty was not an authorized incentive and he did not change to one of the authorized specialties (operating room nurse) until after his commissioning.  Therefore, he was not entitled to receive payment under the HPLR program.

The applicant was notified of his option: to remain in the unit without the benefit of the loan repayment, request a discharge under Army Regulation 135-175 or apply to this Board for relief.  The applicant elected to apply to this Board.

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.  At the time of his commissioning the applicant was not a registered nurse in one of the specialties for which the HPLR program incentive was authorized.

2.  The DA Form 5536-R submitted by the applicant is not only not a part of his official records but it is incomplete and is flawed.  Most notably, it does not list any entry in the blank at Section II, item 2, for an authorized specialty allowed under the HPLR.  Therefore, the Board concludes that the applicant has failed to provide sufficient relevant evidence that he was promised entitlement to loan repayment under the HPLR program.  

3.  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.

4.  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

__FNE __  ___TBR _  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2001062692	
SUFFIX		
RECON		
DATE BOARDED	20020305	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.