IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20150013806 BOARD VOTE: ___x_____ __x____ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 October 2016 DOCKET NUMBER: AR20150013806 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the record to show her Health Professional Loan Repayment contract effective date is12 September 2013 and paying any monies that may be due as a result of this correction. ___________x______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 27 October 20116 DOCKET NUMBER: AR20150013806 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests the effective date of 16 September 2014 for her Health Professional Loan Repayment (HPLR) be changed to 23 August 2013. 2. The applicant states when she signed her oath of office as a 65D (Physician Assistant, on 23 August 2013, she informed her Specialty Branch Strength Manager, Captain (CPT) WE that she was choosing to participate in the HPLR Program rather than the cash bonus program. a. CPT WE informed her that at the end of the first contract year, which would be September 2014, she would submit loan information via National Student Loan Data System (NSLDS), and the first payment on her loans would occur at that time. b. In September 2014, she contacted CPT WE to begin the process of submitting through NSLDS, which she completed. CPT WE stated the Incentives Branch was backlogged at that time and her payment would be delayed several months. c. In January 2015, she contacted the new Specialty Branch Officer Strength Manager, CPT BE. CPT BE informed her that he showed her HPLR contract date as 12 September 2014, rather than 23 August 2013 (when she took her oath), effectively delaying all of her payments 1 year. She assumes that the September date was drawn from the time she submitted her paperwork for CPT WE and NSLDS. d. She argues the Oath of Office date and the HPLR contract date should be the same, 23 August 2013 and that she is owed a first installment of the loan repayment from 2014, another installment in September 2015, and a final installment in 2016. 3. The applicant provides: * NGB (National Guard Bureau) Form 337 (Oaths of Office), dated 23 August 2013 * emails, dated from 23 April 2014 - 28 August 2014 between the applicant and CPT WE * DA Form 5536 (Agreement, HPLR), dated 16 September 2014 * emails, dated from 21 January 2015 - 3 February 2015 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant previously served as a second lieutenant in the Florida Army National Guard (FLARNG) from 25 February 2011 - 8 April 2013. 3. On 23 August 2013, the applicant was commissioned a first lieutenant in the FLARNG. She was assigned to the 256th Medical Company as a physician assistant effective 23 September 2013. 4. In an email, dated 23 April 2014, CPT WE informed the applicant she was showing up ok in the Guard Incentive Management System (GIMS). He stated her first payment on her loans was not due until September 2014. He indicated the process would start in the coming weeks and they would forward her some paperwork to sign. 5. Additional email between the applicant and CPT WE discussed information she would be required to update in NSLDS. 6. None of the above emails address the requirement to complete a DA Form 5536. 7. On 16 September 2014, the applicant signed an HPLR Agreement (DA Form 5536). Paragraph 6 in Section III (Repayments) states the anniversary date is determined upon the date the agreement is signed. Each complete satisfactory year of service performed under the agreement establishes an anniversary date. On each anniversary date her unit is to initiate a request for repayment on eligible loans. 8. On 21 January 2015, CPT BE emailed the applicant regarding her HPLR. He provided her the following information: a. CPT BE was the new Specialty Branch Strength Manager. b. The applicant's HPLR contract date was 12 September 2014 c. HPLR pays at the end of the contract year which meant she would be eligible for payment on 12 September 2015. About 30 days from that date she would need to submit a DD 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) through her lender. Once the DD 2475 was uploaded into GIMS it would initiate the payment process. 9. On 3 February 2015, CPT BE emailed the applicant a copy of her contract that was in GIMS. 10. The applicant's DA Form 5536, dated 16 September 2014, is not located in her official military personnel file (OMPF) in the integrated Personnel Electronic Records Management System (iPERMS). 11. On 7 July 2016, an advisory opinion was received from NGB, Deputy Chief, Personnel Policy Division. NGB recommended approval of the applicant's request. a. The applicant did not complete a DA Form 5536 at the time of her commissioning. b. The applicant received incorrect information from the Specialty Branch Officer Strength Manager who directed her to postpone signing her DA Form 5536. The applicant was not aware of the process and the steps required to complete the HPLR and receive a bonus control number. The applicant completed her HPLR based on the misinformation provided by the Specialty Branch Officer Strength Manager. c. As a result of this error the applicant should be awarded full administrative relief. NGB recommends adjusting her anniversary date of payment to the date in which she was informed by the Specialty Branch Officer Strength Manager of the date of first payment. The contract should have an effective date of September 2013 to ensure the HPLR payment would be September 2014. REFERENCES: 1. National Guard Bureau Education Division Instruction 1.1 (Chaplain, Health Professional and Enlisted Loan Repayment Programs) establishes standards, policies, and procedures for the management of the Army National Guard Chaplain, Health Professionals and Enlisted Student Loan Program. a. Paragraph 2-2a(1) defines a satisfactory year of service as completion of at least 50 good retirement points. b. Paragraph 2-2d(1) states the borrower may not be reimbursed for payments already made on loans. Payments are made to educational and financial institutions, not to individuals, 2. Chapter 7 of Army Regulation 135-7 (Incentive Programs) provides policy and guidance for the administration of the HPLR Program. a. To apply for participation in the HPLR Program, the eligible officer will complete a SELRES Incentive Program Health Professionals Loan Repayment Program Agreement. b. The agreement should be executed on assignment to the Selected Reserve or thereafter on meeting all eligibility criteria. c. Paragraph 7-4c states the anniversary date for the repayment of loans is based on the date the officer completes the agreement. Each complete satisfactory year of SELRES service performed under the terms of the agreement will establish the anniversary for repayment of eligible loans. d. On each anniversary date, any authorized loan will be considered eligible for repayment that has an outstanding balance on the principal. e. HPLR program eligibility will be terminated if the officer is separated from the SELRES for any reason. 3. Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of U. S. Army Reserve service obligations and participation requirements. Paragraph 3-1 states troop program unit Soldiers are required to participate in at least 48 scheduled inactive duty training assemblies, and not less than 14 days, exclusive of travel time, of annual training. Satisfactory participation is defined below: a. Attending all scheduled inactive duty training (IDT) unless excused by the unit commander or granted a leave of absence. Soldiers present at a scheduled IDT will not receive credit for attendance unless they are wearing the prescribed uniform. They must also present a neat and soldierly appearance and perform assigned duties in a satisfactory manner as determined by the unit commander. Soldiers who do not receive credit for attendance for any of the reasons noted above will be charged with an unexcused absence. b. Attending and satisfactorily completing the entire period of annual training (AT) unless excused by proper authority. DISCUSSION: 1. The applicant was commissioned on 23 August 2013. The reason the applicant did not sign a DA Form 5536 at the time of her commissioning is unknown. The emails between the applicant and the Specialty Branch Strength Manager do not indicate that he advised her to delay signing a DA Form 5536. 2. The start date for the repayment of her HPLR loan was 16 September 2014, the date she signed her HPLR Agreement. 3. The records in GIMS indicate her contract date for HPLR was 16 September 2014. This date reflects her eligibility/effective date and does not change. However, each complete satisfactory year of SELRES service performed under the terms of the agreement will establish the anniversary for repayment of eligible loans. 4. NGB recommends adjusting her anniversary date of payment to the date in which she was informed by the Specialty Branch Officer Strength Manager of the date of first payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013806 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013806 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2