ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2019 DOCKET NUMBER: AR20160016437 APPLICANT REQUESTS: * in effect, payment of current student loans per her original 2009 Health Professional Loan Repayment Program (HPLRP) incentive in the U.S. Army Reserve (USAR) * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * USAREC Form 1252 (USAR and Army National Guard (ARNG) Incentives Declaration Statement) * Special Orders (SO) Number 64 * statement detailing email correspondence and emails FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. Her HPLRP incentive was granted when she was commissioned in the USAR in February 2009, in the specified Wartime Critical Shortage Area of Concentration (AOC) 66H (Medical Surgical Nurse), as evidenced by the USAREC Form 1252. She opted for a voluntary transfer from the USAR to the West Virginia ARNG (WVARNG) after the unit she was originally assigned to, the 363rd Medical Detachment (MDC) on 26 February 2009, as a 66H, was deactivated. She was allowed to continue her command tenure during the transition into the new unit, the 444th Ground Ambulance (GA). The new unit had no 66H or any nursing slots. She has maintained credentialing as a 66H in the WVARNG and continues her service agreement obligation and all tasks as assigned. This is disheartening to think that for continuing her nursing education to utilize the offered incentive of the HPLRP was terminated. It states in the Statement for Commissioning Army Medical Department Officer that "I understand that I may use the HPLRP throughout my military career as long as I do not have a contractual obligation remaining for another incentive or transfer to the Individual Ready Reserve.” She is asking for her initial HPLRP to be honored and her student loans be paid. b. On 1 June 2015, she was told "they have to look at your old contract closely and get some extra approvals to "grandfather it in" so to speak, so it's taking a while.” On 1 January 2016, she was told that a Master's Degree was not needed for the 66H AOC, so the ARNG would not honor her HPLRP incentive. In February 2016, she was informed that she was incorrectly been informed that the WVARNG will honor her HPLRP. She opted to transfer to the ARNG from the USAR based on her assigned unit being deactivated. When reviewing Army Regulation (AR) 135-7 (ARNG and USAR Incentive Programs), paragraph 1-14.1 (Incentives), it speaks of inactivation and reduction in overstrength. She opted for voluntary reassignment to continue serving in the Army and was informed in writing that the WVARNG would honor her initial HPLRP upon commissioning into the USAR in February 2009. c. According to AR 135-7, section II 1-6, paragraph 1-41.1a(2)(I), should apply since the unit she was initially assigned to (363rd MDC) was inactivated and she opted to be transferred to the ARNG. 3. The applicant provides the following: a. USAERC Form 1252, she completed and signed on 26 February 2009, for the HPLRP incentive in shortage AOC 66H. b. SO Number 64, announcing her transfer from the USAR and extension of Federal recognition in the WVARNG, effective 3 February 2015. c. Statement detailing email correspondence and emails, dated between 15 December 2013 and 8 March 2016, pertaining to questions on her transfer to the WVARNG and assignment to any nursing position available to maintain her HPLRP incentive. 4. Review of the applicant’s service record shows: a. She was appointed in the USAR, Army Nurse Corps, as a first lieutenant, on 26 February 2009. In connection with this appointment, she completed a DA Form 5356-R (Agreement – HPLRP) that states in: (1) Section II – Eligibility: * with her appointment she met the criteria for the HPLRP as an officer in the USAR and the Army Surgeon General has determined that she is qualified for service in critical medical/nursing specialty for assignment to the 363rd MDC in critical medical/nursing specialty 66H. (2) Section V – Termination: * I understand my eligibility will continue unless terminated because I entered the Inactive National Guard or Individual Ready Reserve (3) Section VII – Statement of Understanding and Agreement: she authenticated this form with her signature on 26 February 2009. b. In connection with her appointment, she also completed an Amendment to DA Form 5536-R, wherein she acknowledged she understood she must participate in the Specialized Training Assistance Program for eligibility to receive the HPLRP incentive. c. Orders Number 13-135-00002, issued by the 338th Medical Brigade, on 15 May 2013, announced her reassignment from the 363rd MDC to the 444th Medical Company, (GA), WVARNG, effective the same date. The orders stated “This reassignment is for the convenience of the government. Soldiers with established Selected Reserve Incentives Program eligibility will retain the incentive(s) in accordance with AR 135-7. d. Orders Number 15-268-00003, issued by Headquarters, USAR Command, Fort Bragg, NC, on 25 September 2015, announced her voluntary request for reassignment from the WV Medical Detachment, effective 2 February 2015. The orders stated “Your membership in the USAR was terminated on the date preceding your enlistment in the ARNG. A formal discharge will not be issued. e. An advisory opinion was received from the Chief, Special Actions Branch, National Guard Bureau (NGB), on 5 March 2019, in the processing of this case. The NGB recommended denial of the applicant’s request and stated: (1) The applicant commissioned in the USAR on 26 February 2009 with an HPLRP as a 66H. She transferred to the WVARNG on 5 February 2015 and was informed that her HPLRP would be honored. Evidence from the Guard Incentive Management System indicated she received payments of $10,000.00 on 8 April 2009, 19 March 2010, and 19 March 2011, totaling $30,000.00. (2) The qualifying degree for a 66H is a Bachelor of Science in Nursing (BSN) and evidence indicates the applicant obtained a BSN on 10 May 2008. The student loans covering the BSN were paid per contract obligation and HPLRP incentive completed. Evidence suggests that additional loans were acquired in 2013-2014 for a Master of Science in Nursing Administration (MSN) with a graduation date of 9 May 2015. These loans were obtained after the initial 2009 signature date for the incentive and there is no evidence of a contract. The specialty 66H was the selected AOC and the qualifying degree was a BSN. The MSN was not a qualifying degree and was not considered a critical shortage. Therefore, they recommend denial of further eligibility of the HLRP. (3) DOD Instruction (DODI) Number 6000-13(e), states “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 or graduate education in a health profession that the Secretary of Defense determines is critically needed to meet identified wartime combat medial skill shortages, ass identified in the HPS & I pay plan. (4) Under Title 10, USC, section 16302, the program is designed to repay designated loans secured by eligible health professions officers serving in the Selected Reserve with wartime critical medical skill shortages. Loans that are considered eligible for repayment are loans that were secured for the first qualifying degree that qualified the officer for the AOC which they were commissioned. With the exception of certain Physician Assistant programs, undergraduate and prerequisite courses for admittance into a qualifying degree program, like medina and dental school is not authorized for repayments. Health professional critical specialties will be identified and authorized for the HPLRP in annual HQDA policy guidance. (5) The NGB Incentives Section and WVARNG concurred with this recommendation. f. The applicant was provided with a copy of this advisory opinion for acknowledgement and/or rebuttal. She did not respond. 5. By regulation AR 135-7, 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. 6. DODI Number 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 7. By regulation (AR 15-185), applicant do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and the advisory opinion were carefully considered. There was no evidence provided that shows she contracted and was approved for the additional incentive. Based upon the preponderance of the evidence, the Board agreed the applicant was not entitled to have her additional course work paid for by the government. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Instruction Number 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 3. Army Regulation (AR) 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 (Health Professional Loan Repayment Program) is designed to repay designated loans secured by eligible commissioned officer of the Medical Corps and Army Nurse Corps assigned to the Selected Reserve. The regulation states in: a. Paragraph 1-14.1a(2) – the guidelines are applicable when a Soldier is voluntarily or involuntarily transferred or reassigned within, or between, troop program unit of the ARNG and USAR, as a direct result of unit inactivation, reduction in overstrength, reduction in force, or relocation of a Selected Reserve unit during the period 1 October 1991 to an indefinite period. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160016437 6 1