ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  19 August 2019

	DOCKET NUMBER:  AR20160017945


APPLICANT REQUESTS: 

* reversal of the Exception To Policy (ETP) denial to keep her Medical and Dental Student Stipend Program (MDSSP) incentive
* a personal hearing before the Board

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Memorandum, Subject: Incentives – Request ETP for the applicant, dated 24 June 2016

FACTS:

1.  The applicant states in pertinent part:

* she was appointed in the MDSSP on 18 April 2013 and started receiving the stipend in April 2013 and in January 2015 the stipend stopped
* she reached out to the Army Medical Department Professional Management Command (APMC) and was informed her stipend stopped because she did not complete 50 points per year and she was unaware of the requirement and did not know how the points requirement played a part in her receiving the stipend
* APMC explained the process of submitting DA Form 1380 (Record of Individual Performance of Reserve Duty Training), she was informed by Ms. C- that it was critical to update her records by submitting DA Forms 1380, she submitted DA Forms 1380 for September 2014 – January 2015 to Mr. G- on 30 January 2015
* she contacted Mr. G- and staff sergeant B- on 11 March 2015 by email about missing stipends for January 2015 and half of February 2015 and did not receive a response
* she received two stipend payments on 18 February 2015 and 11 March 2015 for $1095.73 and $916.46
* she emailed Ms. C- and Mr. M- and Mr. G- on 6 May 2016 in regards to her unpaid stipend and Ms. C- informed her to backdate DA Form 1380 to July - December 2013 and January – September 2014 to reach 50 points to turn on stipend payments
* she resubmitted the DA Forms 1380 on 5 August 2015, and on 27 August 2015 she was asked to make another modification to the submitted DA Forms 1380, on 14 September 2015, she was told the DA Forms 1380 were submitted to the U.S. Army Human Resources Command (HRC) for approval
* she was advised by an HRC official to send the DA Forms 1380 to HRC and one day later received an email from Ms. C- informing her the forms needed to be endorsed by APMC and there was a miscommunication
* she was told all unpaid stipends would be paid after the submitted DA Forms 1380 were processed for points and she had to wait for the new changes to the policy letter in order for the DA Forms 1380 to be reviewed
* on 20 November 2015, Ms. C- informed her HRC did not grant compensation or retirement points for any of the DA Forms 1380 submitted and her colleagues in the MDSSP were submitting the same formatted DA Forms 1380 and were not rejected

2.  A review of the applicant’s service records show the following on:

* 7 March 2013 – U.S. Army Recruiting Form 1081 (APMC Assignment Verification and Acceptance) was completed indicating she was a first year dental student
* 18 April 2013 – appointed a Reserve commissioned officer in the U.S. Army Dental Corps and executed an oath of office
* 1 May 2013 – Orders Number C-05-306476 assigned the applicant to the U.S. Army Reserve (USAR) MDSSP effective 18 April 2013

3.  DA Form 5016 (Chronological Statement of Retirement Points), dated 7 February 2019, shows the following:

* 18 April 2013 - 17 April 2014, earned 15 total creditable points
* 18 April 2014 - 17 April 2015, earned 51 total creditable points
* 18 April 2015 -17 April 2016, earned 55 total creditable points
* 18 April 2016 – 17 April 2017, earned 16 total creditable points
* 18 April 2017 – 17 April 2018, earned 15 total creditable points

4.  Her record is void of a contract specifying requirements for fulfillment of the MDSSP.

5.  The applicant provides Memorandum, Subject: Incentives – Request ETP for the applicant that states in pertinent part, she was disapproved because she was appointed as an Army Reserve commissioned officer in the Dental Corps on 25 April 2013, with a MDSSP incentive.  She did not satisfactorily participate during the first year of her contract.  Her contract stipulated she perform 48 battle assembly periods and 14 days of extended combat training each fiscal year.  Army policy also required a Soldier to earn a minimum of 50 points per year for a creditable year.  Although she did not meet the requirement, she received the stipend from April 2013 – January 2015.  She received 15 membership points during the first year of her contract, 51 points the second year, and 55 points the third year, for this reason a recoupment of funds received was not required at the time.  Based on the circumstances in the case the stipend will remain terminated.

6.  Army Regulation (AR) 135-180 (Qualifying Service for Retired Pay Non-Regular Service), paragraph 2-8 defines qualifying service and states, in pertinent part, that a Reserve Component (RC) Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

7.  Title 10, USC, section 16201 (Financial Assistance: Health-Care Professionals in RC) states the Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in medicine or dentistry.

8.  U.S. Army Recruiting Regulation (USAREC) 601-37 (Army Medical Recruiting Program) states:

   a.  To be eligible to participate in the MDSSP applicants must be:

* a commissioned officer in the Ready Reserve
* execute an MDSSP service agreement
* while in the stipend phase, the participant must be assigned to the APMC

   b.  Eligibility for payment of a stipend to an officer selected to participate in the MDSSP begins on the latest of four dates;

* enrollment or start date of training in an approved medical or dental school program
* appointment as a commissioned officer designated or assigned for service in the eligible Army Medical Department (AMEDD) corps
* execution of MDSSP service agreement
* assignment to the APMC

   c.  To maintain MDSSP eligibility the officer must meet Selected Reserve participation requirements as per AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions).  In addition, serve not less than 12 days of Active Duty Training (ADT) or Annual Training (AT) each year during the period of service required by the agreement as per Title 10, USC, section 16202.

   d.  Termination of the stipend will occur if the officer fails to maintain membership in good standing in the Selected Reserve.

9.  The MDSSP is an incentive-based program that offers medical and dental students a monthly stipend of at least $2,088.00.  In return, each participant will incur a one-year service obligation for every six months (or part thereof) for which they receive the stipend.

10.  AR 135-91 states Soldiers are required to participate in at least 48 scheduled inactive duty training (IDT) periods, and no less than 14 days, exclusive of travel time, of Annual Training (AT).  USAR officers who are medical, dental, or veterinary students may be excused from training assemblies and/or AT for compelling reasons which prevent participation.  Excused officers will be considered constructively present at the training assemblies for attendance requirements.  They are not entitled to pay or retirement points for constructive attendance.

11.  AR 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR.  Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR.

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 review of the application and all evidence, the Board found the relief is not warranted.  The applicant’s contentions and the advisory opinion were carefully considered.  The advisory official provided a comprehensive discussion demonstrating public law and regulatory guidance indicates she is not eligible to maintain the MDSSP.  Based upon the preponderance of the evidence, the Board agreed there was no error or injustice in this case, and that they cannot grant exceptions to public law.





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 Army Board for Correction of Military Records (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.  Title 10, USC, section 16201 (Financial Assistance: Health-Care Professionals in Reserve Components (RC)) states for the purpose of obtaining adequate numbers of commissioned officers in the RC who are qualified in health professions, the Secretary of each military department may establish and maintain a program to provide financial assistance under this chapter to persons engaged in training that leads to a degree in medicine or dentistry.  Under such a program, the Secretary concerned may agree to pay a financial stipend to persons engaged in health care education and training in return for a commitment to subsequent service in the Selected Reserve.  The Secretary of the military department concerned shall agree to pay the participant a stipend, in the amount determined under subsection (g), for the period or the remainder of the period that the student is satisfactorily progressing toward a degree in medicine or dentistry while enrolled in an accredited dental school.  

3.  AR 135-180 (Qualifying Service for Retired Pay Non-Regular Service) Paragraph 2-8 defines qualifying service and states, in pertinent part, that a RC Soldier must earn a minimum of 50 retirement points each retirement year to have that year credited as qualifying service.

4.  U.S. Army Recruiting Regulation (USAREC) 601-37 (Army Medical Recruiting Program) prescribes eligibility criteria governing the appointment of persons into the AMEDD, with or without prior service (PS), into the Regular Army (RA) and the Army Reserve (AR) and provide the policies and procedures to process applicants for direct appointments and student programs.  

   a.  To be eligible to participate in the MDSSP applicants must be:

* a commissioned officer in the Ready Reserve
* execute an MDSSP service agreement
* while in the stipend phase, the participant must be assigned to the APMC

   b.  Eligibility for payment of a stipend to an officer selected to participate in the MDSSP begins on the latest of four dates;

* enrollment or start date of training in an approved medical or dental school program
* appointment as a commissioned officer designated or assigned for service in the eligible AMEDD corps
* execution of MDSSP service agreement
* assignment to the APMC

   c.  To maintain MDSSP eligibility the officer must meet Selected Reserve participation requirements as per AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions).  In addition, serve not less than 12 days of ADT or AT each year during the period of service required by the agreement as per Title 10, USC, section 16202.
   
   d.  Termination of the stipend will occur if the officer fails to maintain membership in good standing in the Selected Reserve.

5.  The MDSSP is an incentive-based program that offers medical and dental students a monthly stipend of at least $2,088.00.  In return, each participant will incur a one-year service obligation for every six months (or part thereof) for which they receive the stipend.

6.  AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions) prescribes policies and procedures governing the various types of service obligations and participation requirements.  Paragraph 3-1 states Soldiers are required to participate in at least 48 scheduled inactive duty training (IDT) periods, and no less than 14 days, exclusive of travel time, of AT.  Paragraph 3-11 states USAR officers who are medical, dental, or veterinary students may be excused from training assemblies and/or AT for compelling reasons which prevent participation.  Excused officers will be considered constructively present at the training assemblies for attendance requirements.  They are not entitled to pay or retirement points for constructive attendance.

7.  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 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)	 AR20160017945
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