BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160010166 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 BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160010166 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 and Army National Guard records of the individual concerned be corrected by: * showing the applicant applied for and his contract was timely received and processed by the appropriate office for the Health Professional Loan Repayment Program (HPLRP) on 19 September 2012 * paying him the HPLRP incentive 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. BOARD DATE: 13 June 2017 DOCKET NUMBER: AR20160010166 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, in effect, correction of his records to show he was eligible and approved for the Connecticut Army National Guard (CTARNG) Health Professional Loan Repayment Program (HPLRP) incentive on 19 September 2012. 2. The applicant states his original contract showed he would receive 3 years of special pay as a Family Nurse Practitioner at $20,000.00 per year, which he received. The original contract also stated he would receive 3 years of the HPLRP incentive at $25,000.00 per year. He did not receive the HPLRP. He was informed there was a problem with the loan repayment portion of his contract and he needed to apply to the Army Board for Correction of Military Records. 3. His area of concentration (AOC) is 66P (Family Nurse Practitioner). He believes his contract should be corrected to show he is eligible for the HPLRP. All other Soldiers in his AOC who signed-up at the same time are eligible for the HPLRP incentive. 4. The applicant provides the following: * U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve and ARNG Incentives Declaration Statement * ARNG memorandum, subject: Results of the 21-23 August 2012 Medical Corps – All Corps Selection Board * National Guard Bureau Form (NGB) 337 (Oaths of Office) * NGB Form 23B (ARNG Retirement Points History Statement) * USAREC Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract (Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties)) * USAREC Form 1103 (Incentive Enrollment Data Sheet) * memorandum, Special Pay (accession) Enrollment Packet on Initial Appointment * Direct Deposit Sign-Up Form * Orders Number 161-001 * Fiscal Year (FY) 2014-2015 Reserve Components (RC) Wartime Health Care Specialties with Critical Shortages memorandum and list * ARNG Army Medical Department (AMEDD) Officer SELRES Incentive Program (SRIP) for FY 2015-2016 Policy * email between the applicant and the NGB Specialty Officer Accessions CONSIDERATION OF EVIDENCE: 1. The applicant provided the following: * USAREC Form 1252, completed on 2 August 2012 for special pay and the HPLRP incentive * memorandum, subject: Results of the 21-23 August 2012 Medical Corps – All Corps Selection Board for the ARNG, dated 24 August 2012, showing he was selected for both the "bonus and HPLR" 2. He was appointed in the CTARNG Medical Corps as a first lieutenant on 19 September 2012. He held AOC 66P. 3. The applicant also provided the following: * USAREC Form 1166 he executed on 23 May 2013 for a 3-year incentive under the SELRES Special Pay Program in AOC 66P * USAREC Form 1103, executed on 23 May 2013 for an incentive * Orders 161-001, issued by the CTARNG on 10 June 2013, assigning him to the Physician Assistant CTARNG Medical Detachment, effective 23 May 2013 * memorandum, dated 13 September 2013, subject: FY 2014-2015 RC Wartime Health Care Specialties with Critical Shortages, wherein a list was provided of RC health care specialties authorized to receive incentives for FY 2014-2015 4. On 23 December 2016, an advisory opinion was provided by the Deputy Chief, Personnel Policy Division, NGB. The NGB official reiterated the applicant's request and statements and indicated: a. The applicant was approved by USAREC for receipt of the special pay (3-year) incentive as well as the HPLRP at the time he signed his incentives contract in May 2013. Due to an administrative error under the old incentives Information Management and Reporting Center system, only a special pay contract for the applicant was created instead of the required dual contract documenting his eligibility for the HPLRP. As a nurse practitioner, the applicant was fully eligible for the RC Incentive Program at the time he executed his incentives contract. b. In accordance with the ARNG AMEDD Officer Incentives Policy Memorandum, dated 18 January 2012 (FY 2012-2013), the applicant signed the USAREC Form 1252 during the accessioning process requesting to participate in the HPLRP first and the special pay second. After executing the oath of office, he signed the HPLRP and special pay contracts. The applicant would have the first payment made (up to $25,000.00) 1 year from the date of contract (anniversary date). The second payment up to $25,000.00 would be paid at the end of year two. The third payment would be the lesser of the remaining amount of the loan or the $25,000.00 specified for his specialty. At the beginning of the fourth year, eligibility for special pay began. c. NGB would process the special pay contract on the fourth year anniversary with payments of $20,000.00 (less tax for years 4, 5, and 6). Regardless of the shortage list in 3 years, the applicant contracted for both incentives while eligible. The gross amount due to the applicant is $135,000.00. Both the USAREC Form 1252 and the written agreements would lock the officer into the policy at the time of accession. d. The applicant was eligible for the HPLRP at the time of his appointment. Due to no fault of his own and an administrative error, the applicant should receive the HPLRP incentive. The CTARNG concurred with the recommendation and the opinion was coordinated with the ARNG (Medical) Incentives Branch. 5. The advisory opinion was provided to the applicant on 29 December 2016 for acknowledgement/rebuttal. He did not respond. REFERENCES: The ARNG AMEDD Officer SRIP Policy states the HPLRP and special pay incentives are available to ARNG healthcare professionals in all States, Puerto Rico, Virgin Islands, Guam, and District of Columbia. DISCUSSION: USAREC is the agency responsible for administering the AMEDD Special Pay Programs, to include HPLRP contracts. The available evidence confirmed the applicant was eligible for and approved for receipt of the special pay (3-year) and HPLRP on 19 September 2012, the date of his appointment. He received the special pay incentive, but not the HPLRP incentive, due to no fault of his own and an administrative error. He was fully eligible for the dual incentives at the time of his appointment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010166 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010166 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2