IN THE CASE OF: BOARD DATE: 4 August 2016 DOCKET NUMBER: AR20160005035 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: 4 August 2016 DOCKET NUMBER: AR20160005035 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 amending his DA Form 71, dated 20 June 1990, by removing the entry "HPSP." ___________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: 4 August 2016 DOCKET NUMBER: AR20160005035 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 removal of the entry "HPSP [Health Professional Scholarship Program]" from his DA Form 71 (Oath of Office), dated 20 June 1990. 2. The applicant states: a.  He did not receive an HPSP scholarship and his retirement counselor insists, despite other supporting documentation and a lack of a contract or HPSP obligation, that he received an HPSP scholarship. This issue is affecting his retirement calculation. b.  He was a second lieutenant in the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) on a 5-year educational delay, which counts toward his retirement calculation. c.  He is retiring in 6 months and he has contacted the Personnel Services Branch in Kentucky and he has left several messages, but he has never received any response or assistance. He has exhausted all available avenues. 3. The applicant provides: * DA Form 71 * DA Form 597-3 (Army Senior Reserve Officers' Training Corps (ROTC) Scholarship Cadet Contract) * Doctor of Osteopathic Medicine degree verification statement, dated 13 November 1990 * intern verification document, dated 4 January 1991 * Doctor of Osteopathic Medicine degree certificate * University of New England College of Osteopathic Medicine diploma * Philadelphia College of Osteopathic Medicine transcript CONSIDERATION OF EVIDENCE: 1. On 8 September 1983, the applicant executed a DA Form 597-3 for a period of 3 years. 2. He was appointed as a second lieutenant in the USAR IRR as an officer active duty obligor to attend medical school in an educational delay status on 31 May 1986. 3. On 3 June 1990, he received his Doctor of Osteopathic Medicine degree. 4. On 20 June 1990 and upon his graduation from medical school, he was reappointed as a captain in the USAR. His DA Form 71, dated 20 June 1990, contains the entry "HPSP." 5. Records show he completed his internship training in family practice during the period 1 July 1990 through 31 June 1991. 6. On 30 September 2007, he was promoted to the rank of colonel. 7. On 16 May 2016, the Chief, Health Services Division, U.S. Army Human Resources Command, provided an advisory opinion in which she states administratively correcting the applicant's DA Form 71 effectuating his appointment as a captain the USAR is unnecessary. She further states: a.  The erroneous HPSP notation reflected on his DA Form 71 neither controls his status nor any entitlement as a Reserve commissioned officer. The purpose of the oath is to create a record of the date of acceptance of appointment. b.  Notwithstanding the erroneous and irrelevant HPSP entry on the oath of office to captain, the time spent in an educational delay status in the IRR as an ROTC obligor entitles him to membership retirement points. 8. On 19 May 2016, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to provide a response. 9. On 31 May 2016, he responded and concurred with the advisory opinion. He also added a new request in which he asked to have his retirement points recalculated to include the time (5 years) he spent in an educational delay status in the IRR. He further stated his local retirement branch showed no credit for his time in the IRR. 10. On 2 August 2016, a DA Form 5016 (Chronological Statement of Retirement Points) was generated showing he was credited with the following membership points for the time he spent in an educational delay status in the IRR as an ROTC obligor: * 8 September 1983 through 7 September 1984 – 15 points * 8 September 1984 through 7 September 1985 – 15 points * 8 September 1985 through 30 May 1986 – 11 points 11. His records are void of any evidence showing he executed an HPSP contract. REFERENCES: 1. Title 10, U.S. Code, sections 12731 through 12737 (Retired Pay for Non-Regular Service), authorize retired pay for Reserve Component military service. To be eligible for retired pay under this law, a Reserve Soldier must have completed a minimum of 20 qualifying years upon attaining age 60. After 1 July 1949, a qualifying year is defined as a year in which at least 50 retirement points are earned. 2. Title 10, U.S. Code, section 2126, provides credit for service performed as a member of the Armed Forces Health Professions Scholarship and Financial Assistance Program. a.  Subparagraph (a)(2) (Service Not Creditable) provides that service performed in the HPSP will not be counted in computing years of service creditable under Title 37, U.S. Code, section 205. b.  Subparagraph (b)(1) (Service Creditable for Certain Purposes) states the Secretary concerned may authorize service performed by a member of the program in pursuit of a course of study under this subchapter to be counted in accordance with this subsection if the member completes the course of study, completes the active duty obligation imposed under section 2123(a) of this title, and possesses a specialty designated by the Secretary concerned as critically needed in wartime. c.  Subparagraph (b)(2) states service credited under subparagraph (b)(1) counts only for the award of retirement points for computation of years of service under section 12732 (Retired Pay for Non-Regular Service – Entitlement to Retired Pay: Computation of Years of Service) of this title and for computation of retired pay under section 12733 (Retired Pay for Non-Regular Service – Computation of Retired Pay: Computation of Years of Service). DISCUSSION: 1. The evidence of record shows the applicant was an ROTC obligor. His records are void of any evidence of an HPSP contract. His DA Form 71, dated 20 June 1990, contains the erroneous entry "HPSP." 2. He contends he was in an educational delay status in the IRR for 5 years and he was not given the proper retirement points. However, his records show he was in an educational delay status for 3 years during the period 8 September 1983 through 30 May 1986 and he was given 41 membership points toward his total points creditable for retirement. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005035 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005035 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2