IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160005680 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: 23 August 2016 DOCKET NUMBER: AR20160005680 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 he properly and timely signed an HPLRP contract on 8 July 2015, b. showing his contract was timely received and processed by the appropriate office, and c. paying him all incentives 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. IN THE CASE OF: BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160005680 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 correction of his records to show retroactive completion of his Health Professionals Loan Repayment Program (HPLRP) agreement on 8 July 2015. 2. The applicant defers to counsel for all arguments and evidence. COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE: 1. Counsel requests correction of the applicant's records to show retroactive completion of his HPLRP agreement on 8 July 2015. 2. Counsel states: * the applicant was accessed into the Iowa Army National on 8 July 2015 and was eligible for the HPLRP at that time * his HPLRP contract was not completed until 24 September 2015 due to matters outside of his control and cannot be backdated without action on the part of the Army Board for Correction of Military Records (ABCMR) * his contract date should be changed to reflect 8 July 2015 * the error was due to a miscommunication between the recruiting office and the incentives office, neither of which believed it was their duty to create the HPLRP contract for the applicant, thus it wasn't created at the time * the applicant inquired about the contract in October 2014, but it wasn't until 24 September 2015 that the incentives manager provided him with a contract to sign * he should not be penalized for the 2 months it took the agency to coordinate its efforts and provide him with a contract 3. Counsel provides: * U.S. Army Recruiting Command (USAREC) Form 601-37.48 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement), dated 11 May 2015 * National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 8 July 2015 * Office of the Adjutant General, Camp Dodge Joint Maneuver Training Center, Orders 198-003, dated 17 July 2015 * DA Form 5536 (Agreement – HPLRP) * email correspondence * loan statement * DA Form 5016 (Chronological Statement of Retirement Points) CONSIDERATION OF EVIDENCE: 1. After a period of prior enlisted service in the Iowa Army National Guard, the applicant was appointed as a Reserve commissioned officer of the Army on 8 July 2015. He is currently a captain serving in the Medical Corps as a field surgeon in the Iowa Army National Guard. 2. Counsel provided a USAREC Form 601-37.48 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement), dated 11 May 2015. It shows the applicant initialed next to the HPLRP incentive, indicating he wished to be considered for that incentive and placed a number 1 next to his initial to denote it was the incentive he wished to receive first. 3. A DA Form 5536 (Agreement - HPLR), dated 24 September 2015, shows he met the eligibility requirements and records his agreement to participate in the program. Corresponding electronic mail correspondence from the incentives manager as well as the special branch officer recruiter likewise show he both desired the HPLR incentive and was eligible to receive it. 4. An advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau, on 23 June 2016. It states the applicant was commissioned in the Iowa Army National Guard on 8 July 2015, but his HPLRP contract was not completed until 24 September 2015 due to a miscommunication between the recruiting office and the incentives office. The Iowa Education Services Office acknowledges improper execution in processing the applicant's HPLRP contract, for which he should not be penalized. He clearly commissioned with the intent to receive HPLRP upon commissioning, as evidenced by USAREC Form 601-37.48. The error that occurred was no fault of the Soldier. The National Guard Bureau recommends granting full administrative relief by correcting the contract date to reflect the date he was commissioned in the Iowa Army National Guard, thereby adjusting his anniversary date of HPLRP payment to 8 July 2015. The Army National Guard Incentives Branch and the Iowa Army National Guard concur with this recommendation. REFERENCES: 1. Department of Defense (DOD) Instruction 1205.21 (Reserve Component Incentive Programs Procedures) states the authority to execute payment of all incentive programs included in this instruction is subject to authorization in law and appropriation of funds, and applicable DOD and Service policies. Section E9 covers the HLPRP Written Agreement, including the acknowledgement, understanding, and authentication. It states repayment of any loans under this program shall be made after each year of satisfactory service performed as a commissioned officer in the Selected Reserve, beginning with the date of signing this contractual agreement. 2. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes policies and procedures for administration of the Army National Guard and U.S. Army Reserve incentive programs. It states the loan repayment incentive provides for the repayment by the U.S. Government of a designated portion of any outstanding loan(s). The HPLRP is designed to repay designated loans secured by eligible commissioned officer of the Medical Corps and Army Nurse Corps assigned to the Selected Reserve. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), sets policies and procedures for administration of the Army National Guard incentive programs, including bonuses and loan repayment programs. Paragraph 1-13 (Required Documents) states applicants for programs administered by this regulation are required to sign documents which specify the eligibility criteria for the term of service for the desired incentive. The document will contain an acknowledgment that the applicant has been advised of and understands the benefits of the program, and the conditions that require suspension, termination or recoupment, if applicable. These documents will also be authenticated by a proper witnessing official and will include the preparation date. DISCUSSION: 1. The applicant signed a USAREC Form 601-37.48 prior to his commissioning which shows his intent to contract for HPLRP upon commissioning. 2. Due to a miscommunication between the recruiting office and the incentives office, his HPLRP contract was not signed at the time of his commissioning on 8 July 2015, but rather on 24 September 2015. 3. He is fully eligible and was fully eligible at the time of his commissioning to receive the incentive. The late completion of his HPLRP contract is not the fault of the applicant and he should not be penalized for the administrative errors that resulted in late completion of the contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005680 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005680 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2