MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 May 2003                   
	DOCKET NUMBER:   AR2002081967

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Roger W. Able		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 student loans be paid under the terms of her Health Professional Loan Repayment (HPLR) addendum.

APPLICANT STATES:  She reviewed documentation at the time of her commissioning which indicated that she was eligible for the HPLR program.

In support of her request, she submits a letter from the US Army Reserve Command, with supporting documentation, which informed her elected representative that the applicant’s Area of Concentration (AOC) was not approved for the HPLR at the time of her commissioning.  She also submits an HPLR addendum, which contains a General Schedule (GS) 5’s signature in the block titled “Typed name of appointing or commissioning official.”  This document has an illegible date entered.

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

She enlisted in the US Army Reserve (USAR) on 13 April 1981, and was commissioned as a second lieutenant, Army Nurse Corps (ANC), on 6 December 1986.  The applicant’s Official Military Personnel File (OMPF) fiche does not contain any HPLR addendum.

At the time the applicant submitted her request, she was serving as a major in a USAR unit.

Army Regulation 135-7, chapter 7, sets forth the policy and procedures for repayment of student loans for health care professionals.  In pertinent part, it states that the HPLR provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  The loan amount to be repaid may not exceed $3,000 for each year of eligible service.  The total amount that may be repaid may not exceed $20,000.  To be eligible for the HPLR incentive, a person must perform satisfactory service as an officer in the Selected Reserve and possess professional qualifications in a health profession that the Secretary of Defense has determined to be needed critically in order to meet identified wartime combat medical skill shortages.  Entitlement to the HPLR will terminate if, among other reasons, the officer becomes an unsatisfactory participant, is separated from the Selected Reserve, or enters the inactive National Guard or IRR.  Each complete satisfactory year of service performed under this HPLR agreement establishes an anniversary date.  Any qualifying loan, which is at least a year old, may then be paid in accordance with the terms of this educational agreement.

The Manual for Court-Martial, §936, Article 136, lists which officials have the authority to administer oaths.  Civilians are not listed in Article 136 specifically, but this Article does allow “persons” who are designated as having the authority to administer oaths by regulations of the armed forces or by statute to administer oaths.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant did not possess an AOC which was identified by the Secretary of Defense as a critically needed skill in order to meet identified wartime combat medical shortages.

2.  As such, the applicant was not entitled to participate in the HPLR program.

3.  In addition, the Board questions the validity of the HPLR addendum submitted by the applicant.  It is not contained in her OMPF, which would indicate that it wasn’t executed at the time of her commission, and it was signed by a GS-5, with no indication that official had the authority to administer the oath of office for a commissioned officer.

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

___rwa __  ____tap _  ____aao_  DENY APPLICATION

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

INDEX

CASE ID	AR2002081967	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030515	
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.	128.05	
2.		
3.		
4.		
5.		
6.