BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002237 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: 26 October 2017 DOCKET NUMBER: AR20160002237 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: a. showing all appropriate documents were prepared and signed in a timely manner, thereby making the applicant eligible for HPLRP benefits; and b. paying him all monies due as a result of this correction in accordance with the terms of his contract. __________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: 26 October 2017 DOCKET NUMBER: AR20160002237 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 for and approved for benefits under the Health Professional Loan Repayment Program (HPLRP) at the time of his accession. 2. The applicant states, in effect: a. The error that needs to be corrected pertains to the HPLRP incentive he accepted when he was commissioned in the New York Army National Guard (NYARNG). b. His recruiter, Chief Warrant Officer Two (CW2) R_, described the HPLRP incentive in addition to a special pay incentive. He informed CW2 R_ that he had a combined total of $24,000 in undergraduate and graduate student loans. CW2 R_ informed him that the HPLRP incentive would pay off all his student loans in one year (at the end of his first contracted year) and then he would move onto his second incentive (special pay). c. He decided to move forward and agreed to join the NYARNG to become a commissioned officer. Both incentives were appealing and weighed heavily on his decision to be commissioned in the NYARNG. Throughout his commissioning process, it was confirmed on several occasions by CW2 R_ that all of his student loans were eligible for payment under the HPLRP incentive. d. The HPLRP contract appeared to confirm everything CW2 R_ informed him of. In addition, after providing his National Student Loan Data Systems (NSLDS) information for review, he was again reassured that all student loans were eligible. He was not able to take advantage of the HPLR incentive until more than two years later, in August 2015, after he commissioned due to logistical/paper errors between his recruiter, the NY Education Department and the National Guard Bureau (NGB). Only then was he notified by the NY Education Department that the NGB rejected the majority of his student loans for payment. e. He was informed by the NGB Incentives Branch that only loans used to obtain his master's degree were eligible for payment. He was shocked and upset after receiving such news. It was recommended that he request a record correction through the Army Board for Correction of Military Record (ABCMR). f. From the beginning, his recruiter advertised the HPLRP incentive as a program that would pay all of his student loans. He accepted that information as fact and his HPLRP contract did not contradict it. After reviewing his HPLRP contract, it appeared that all of his student loans met the payment criteria. His contract did not distinguish eligibility between undergraduate and/or graduate student loans. In addition, after he provided the recruiter with the break-down of his student loans, CW2 R_ again reassured him that all of his loans were eligible and would be paid. g. He does not believe his recruiter intentionally misrepresented the HPLRP incentive; however, it was misrepresented. As a civilian, he relied on the information as provided to make his decision to commission with the NYARNG. 3. The applicant provides copies of: * his Bachelor of Science academic transcript * his Master of Social Work academic transcript * results of 21-22 May 2013, Medical Corps (MC) selection board for the ARNG, dated 23 May 2013 * U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve (USAR) and ARNG Incentives Declaration Statement), dated 17 July 2013 * DA Form 5536 (Agreement – HPLRP), dated 17 July 2013 * NGB Form 337 (Oath of Office), dated 17 July 2013 * HPLRP Enrollment Packet checklist, dated 17 July 2013 * NSLDS information * email communication from 22 July 2013 through 29 January 2016 CONSIDERATION OF EVIDENCE: 1. The applicant graduated from the University at Albany with a bachelor's degree in social work on 20 May 2007. He graduated again with a master's degree in social work on 16 August 2008. 2. On 23 May 2013, he was selected by an ARNG MC selection board and was deemed eligible for commissioning in area of concentration (AOC) 73A (Social Worker) with a HPLRP/Bonus incentive. 3. On 17 July 2013, the applicant completed a USAREC Form 1252, wherein he contracted to receive the HPLRP and special pay incentives based on his appointment in a specified wartime critical shortage AOC in the ARNG. * the form required him to initial next to the appropriate incentives he wished to be considered for and place the number "1" next to his initials to denote the incentive he wished to receive first * he initialed the form and placed the number "1" by HPLRP, indicating he wanted that incentive first * he and CW2 R_ (NYARNG Recruiter) authenticated the form with their signatures that same day 4. Also on 17 July 2013, the applicant executed an oath of office in the rank and grade of first lieutenant (1LT)/O-2. His recruiter authenticated an HPLRP enrollment packet and requested an HPLRP control number for the incentive. 5. The applicant provides his student loan information sheet via the NSLDS and email communication discussing his efforts to receive the HPLRP incentive. 6. In connection with the processing of this case an advisory opinion was obtained from the Chief, Personnel Policy Division, NGB on 28 September 2017. The advisory official opined: a. After further review and consultation with both the NYARNG and the NGB Incentive Branch, it was determined the applicant's undergraduate loans are in fact eligible for HPLRP payment. b. He attended an accelerated one-year Master of Social Work program. He was able to enroll in the program because he received a Bachelor's in Social Welfare. The advanced standing program allowed him to use 21 credits of his bachelor's courses in social work toward the master's degree, and complete the program in one academic year. A Master's in Social Work is typically a 60 credit, 2-year program. Therefore, since his undergraduate classes in social welfare gave him some credits towards his master's, part of his undergraduate curriculum should be considered as a qualifying degree as per section Title 10 U.S. Code, section 16302. c. He met the requirement to be eligible for the accelerated master's program which stated students must have received a baccalaureate degree from a social work program accredited by the Council on Social Work Education within six years of matriculation in the Masters of Social Work program. d. Although undergraduate loans are not eligible for repayment under the HPLRP, with consideration of the unique circumstance listed above, his undergraduate credits were applied to his accelerated master's program; therefore their office recommends approval of the applicant's request. 7. The applicant was provided a copy of the advisory opinion on 5 October 2017, for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: Title 10, U.S Code, section 16302 prescribes the legal framework for the HPLRP. It states, in pertinent part, that under regulations prescribed by the Secretary of Defense and subject to other provisions of this section, the Secretary concerned may repay a loan made, insured, or guaranteed through a recognized financial or educational institution, if that loan was used to finance education regarding a basic professional qualifying degree (as determined under regulations prescribed by the Secretary of Defense) or graduate education in a health profession that the Secretary of Defense determines to be critically needed in order to meet identified wartime combat medical skill shortages. DISCUSSION: 1. The applicant requests correction of his record to show he was authorized the HPLRP incentive. 2. The evidence of record confirms the applicant accepted a commission in NYARNG and executed an HPLRP contract in conjunction with his appointment as a commissioned officer. 3. An NGB advisory official recommended approval of the applicant's request and noted the unique circumstances in his case, specifically, the fact that he participated in an accelerated master's program that used 21 credits from his bachelor degree curriculum. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002237 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002237 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2