BOARD DATE: 24 January 2017 DOCKET NUMBER: AR20150013597 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: 24 January 2017 DOCKET NUMBER: AR20150013597 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 approving the contract signed by the applicant and the ARARNG AMEDD Strength Manager thereby allowing the applicant to receive the STRAP incentive. _____________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: 24 January 2017 DOCKET NUMBER: AR20150013597 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 payment of a Specialized Training Assistance Program (STRAP) incentive. 2. The applicant states on 22 May 2012, he signed USAREC (United States Army Recruiting Command) Form 1252 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement) with his Army Medical Department (AMEDD) recruiter. The incentive was available to him as part of his commissioning in the Army Nurse Corps (ANC) on 14 November 2012, as an incentive to pursue a higher degree of education. Prior to starting graduate school in January 2015, he confirmed with his AMEDD recruiter that he would be able to receive STRAP payments to pay for his graduate school. However, he is currently being denied STRAP payments. 3. The applicant provides: * USAREC Form 1252 * DA Form 5685 (New STRAP Service Agreement) * 3 memoranda * 2012-2013 Critical Skills Shortage List * Authorized Substitutability List * Screenshot * 21 pages of electronic mail correspondence CONSIDERATION OF EVIDENCE: 1. The applicant previously served in the U.S. Marine Corps and the Army National Guard (ARNG) in an enlisted status. 2. He was appointed as a Reserve commissioned officer of the ARARNG and executed an oath of office on 14 November 2012. He completed the AMEDD Basic Officer Leader Course (BOLC) from 11 April 2014 to 5 may 2014. He is currently serving in the rank/grade of captain/O-3 in the ARARNG ANC. 3. During the processing of this case, on 22 September 2016, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB). The advisory official stated: a. The applicant was undergoing the process for a commission as a nurse in 2012. On 22 May 2012, he completed USAREC Form 1252 to indicate his intent to receive the STRAP incentive. The USAREC Selection Board results were published on 13 September 2012, identifying the applicant as eligible for commissioning with the area of concentration (AOC) Medical Surgical Nurse (66H). Additionally, the document annotated his eligibility for "BSTRAP," as originally intended for use for his Bachelor of Science in Nursing (BSN). b. The applicant received his commission in the ARARNG on 14 November 2012 and completed his BSN on 20 December 2012. Because of the short timeframe between the release of the USAREC Selection Board and the completion of his degree, the applicant was not able to use STRAP toward his BSN. For this reason, he discussed his incentive with Sergeant First Class (SFC) KS, the AMEDD Recruiter, informing him that he wanted to use the incentive towards a Master of Science in Nursing (MSN) Family Nurse Practitioner (FNP) as authorized in the Fiscal Year 2012-2013 Army National Guard Army Medical Department Officer Incentives Policy (MEDSOM #12-001). The applicant recalls signing for the STRAP benefit towards an MSN and believed that the required paperwork had been appropriately filed by the AMEDD Recruiter to convert his incentive from the BSN to the MSN. c. On 5 May 2013, the applicant's application was submitted for phase one of BOLC. He began the distance learning portion of this training in July 2013 and completed the training on 8 April 2014. From 10 April 2014 to May 2014, he attended phase two of the required training. d. It was not until Fall 2014, that the applicant began the enrollment process for his FPN Master's program. He additionally, began communication with Major (MAJ) MA, the ARARNG AMEDD Strength Manager, for coordination of his STRAP incentive. The applicant was never informed at this time that he could not receive STRAP. In his correspondence to MAJ MA, it is clear that the applicant was vigilant in his efforts to fulfill the necessary requirements for use of STRAP and the State believed he was eligible. He submitted his NGB Form 810 in January 2015, as required per MEDSOM #12-001 and provided clarification on his course schedule to ensure he was properly meeting the credit requirement for the incentive. Upon receipt of a control number for his incentive, the applicant completed and signed the DA Form 5685, the New STRAP Service Agreement on 23 March 2015. e. Upon submitting his agreement, the applicant was informed his STRAP was denied. A memorandum published on 10 May 2013 (SUBJECT: Suspension of the MSN STRAP Program) revealed the immediate termination of the MSN STRAP incentive. Any Soldier without an approved contract on the date of the memorandum publication was not authorized the incentive. At the same time, MEDSOM #12-001 was still in effect and the Critical Skills Shortage List associated with this policy specified 66H as being eligible for the MSN STRAP with the FNP program. The immediate termination of the incentive without prior notification, and the conflicting policy made for mixed and unclear information. The applicant and the State did their due diligence in trying to sign and execute a contract that was known at the time. f. Based on the timeline, it is reasonable to assume the applicant delayed the pursuit of his MSN pending the completion of his military education requirement. Army Regulation 350-1 (Army Training) states an officer must complete BOLC within 42 months of commissioning and it "must be completed after commissioning as soon as possible." In order to complete this requirement in the allotted time, the applicant prioritized his military education before his MSN. It is true the applicant did not have a signed STRAP agreement at the time the memorandum (SUBJECT: Suspension of the MSN STRAP Program) was published. However, per MEDSOM #12-001, the applicant could not complete the necessary agreement until he was accepted into an FNP graduate program. Based on the enrollment process for most higher education institutions, it appears unreasonable, or impossible, for the applicant to enter into an FNP graduate program two years prior to the start of the program. It was necessary that his acceptance be postponed until after the completion of his BOLC. g. Based on the information provided it is recommended that the applicant be granted payment of the STRAP incentive. The quick cancellation of STRAP for the MSN FNP did not allow the applicant an opportunity to adjust his education plan or to plan for the absence of this incentive and the cancellation did not appear to be widely distributed to the appropriate personnel in the State. This was a benefit that the applicant had anticipated and had been deemed qualified for. The applicant merely delayed use of this incentive to fulfill his military education requirement and was not able to sign his contract in advance, as the policy in place required that he be accepted into an MSN FNP program prior to signing – something the applicant could not have reasonably done so far in advance. Denying this benefit will cause undue financial hardship to a Soldier who did his due diligence to meet the expectations required of him and continues to serve as a 66H, as agreed, and in good faith. The NGB recommends the contract signed by the applicant and the ARARNG AMEDD Strength Manager be approved and that the applicant receive the STRAP incentive. The NGB AMEDD Incentives Oversight Branch and the ARARNG concur with this recommendation. 4. On 26 September 2016, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCE: STRAP is periodically used as a recruiting or retention incentive. All MSN STRAP applicants must provide proof of unconditional acceptance to an accredited graduate program. Participants receive a monthly stipend and incur a 1-year obligation in the U.S. Army Reserve for each six months or less of financial assistance and must serve in an Army Reserve Troop Program Unit, AMEDD Professional Management Command, or Individual Mobilization Augmentee Program upon completion of training. Individuals may be eligible, if qualified, to participate in one other Army Reserve incentive program; must be a U.S. citizen. DISCUSSION: 1. Based on the available information, it appears the abrupt cancellation of STRAP for the MSN FNP did not allow the applicant an opportunity to adjust his education plan or to plan for the absence of the incentive. The cancellation did not appear to be widely distributed to the appropriate personnel throughout the State. 2. This was a benefit that the applicant had anticipated and had been deemed qualified for. The advisory official noted that he merely delayed use of the incentive to fulfill his military education requirement and was not able to sign his contract in advance, since the policy in place required that he be accepted into an MSN FNP program prior to signing – something the applicant could not have reasonably done so far in advance. Denying the benefit will cause undue financial hardship to a Soldier who did his due diligence to meet the expectations required of him and continues to serve as a 66H, as agreed, and in good faith. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013597 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013597 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2