ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 November 2019 DOCKET NUMBER: AR20170001580 APPLICANT REQUESTS: in effect, consideration for the Healthcare Professionals Loan Repayment Program (HPLRP) contract to be retroactively backdated to the date of her Special Pay contract, dated 3 July 2012. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Statement * Fiscal Year 12-13 Army National Guard Army Medical Department (AMEDD) Officer Incentives Policy Medical Surgeon's Operational Message (MEDSOM) #12-001 * Critical Shortage List * Authorized Substitutability List * Changes to Medical Surgeon's Operational Message (MEDSOM) #12-001, Fiscal Year 2012-2013 Army National Guard AAMEDD Officer Incentives Policy * Agreement Health Professionals Loan Repayment (HPLR) * Selected Reserve Special Pay Program Contract * Email Correspondence to AMEDD Recruiter 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. She is currently a Family Nurse Practitioner for the Joint Force Headquarters- Illinois Medical Detachment. She transferred from the United States Army Reserve (USAR) to the Illinois Army National Guard (ILARNG) on 3 July 2012. Upon transfer to the ILARNG, she agreed to take both the Special Pay bonus and HPLRP incentives from the ILARNG offered by her AMEDD recruiter. During the entry process into the ILARNG, she was mistakenly advised by her recruiter to only sign the Special Pay contract and not to sign the HPLRP contract until it was time to begin receiving the loan repayment benefit at a later date. b. At the time of entry to the ILARNG 3 July 2012, the HPLRP policy permitted a lifetime cap of $75,000 for Family Nurse Practitioners. She received a total of $40,000 for prior service in the USAR under a prior HPLRP contract. Per the above mentioned HPLRP policy, she would then be eligible to receive a remaining balance of $35,000 from the ILARNG. She opted to receive Special Pay bonuses for years 2012, 2013, and 2014. She then lays out her timeline. 3. The applicant provides: a. Fiscal Year 2012~2013 Army National Guard AMEDD Officer Incentives Policy MEDSOM #12-001, dated 18 January 2012, which updates current guidance and policy for the Selected Reserve AMEDD Incentive Programs. It is National Guard Bureau (NGB) policy that incentives be used to attract and retain health care professionals possessing or qualifying for training In critical skills needed in wartime and to maintain readiness in the Army National Guard (ARNG). b. Critical Shortage List, which illustrates critical shortages in the medical fields. c. Authorized Substitutability List, which illustrates substitutable specialties. d. Changes to Medical Surgeon's Operational Message (MEDSOM) #12-001, Fiscal Year 2012-2013 Army National Guard AMEDD Officer Incentives Policy, which identifies numerous changes to the original policy. e. HPLR Agreement, dated 18 May 2007, which states that she was eligible as a 66H (Medical Surgery Nurse) for the HPLRP. f. Selected Reserve Special Pay Program Contract, dated 18 May 2007, which reflects that she was entitled to a $20,000.00 specialty pay, and incurred a 3 year obligation in the ILARNG for special 66P (Nurse Practitioner). g. Email Correspondence to AMEDD Recruiter, dated 6 April 2012, which she speaks with a AMEDD recruiter in reference to the benefits and incentives, she I entitle to as a member of the ILARNG. 4. A review of the applicant’s service record reveals: a. She was appointed as a USAR commissioned officer of the Army and executed an oath of office on 18 May 2007. b. She entered the selected reserve special pay program on 18 May 2007. She was entitled to a $10,000.00 specialty pay, and incurred a 3 year obligation in the USAR for special 66H (Medical Surgery Nurse). c. She entered into an agreement to receive the HPLR, for participation in Specialized Training Assistance Program on 18 May 2007. d. She served in a variety of assignments and she was promoted to Captain (CPT) on 27 June 2011. c. On 9 January 2009, she was ordered to active duty, and was honorably released from active duty (REFRAD) on 20 August 2011, under the provisions of Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges), paragraph 7, for completion of require active service. She had 2 years, 7 months and 12 days of active service. On 7 November 2011, she had a DD Form 215 (correction of DD Form 214) issued to correct item 8a (Last Duty Assignment and Major Command) to 6253rd HSP EXP DET 29 United States Army Forces Command. d. She was appointed as an Illinois Army National Guard (ILARNG) commissioned officer of the Army and executed an oath of office on 3 July 2012. e. She entered the selected reserve special pay program on 18 May 2007. She was entitled to a $20,000.00 specialty pay, and incurred a 3 year obligation in the ILARNG for special 66P (Nurse Practitioner). f. Her records do not reflect that she entered into an agreement to receive the HPLR, for her appointment in the ILARNG. g. On 1 October 2013, she was ordered to active duty, and was honorably REFRAD on 30 September 2014, under the provisions of AR 600-8-24, paragraph 2-7, for completion of require active service. She had 1 year of active service. h. On 19 October 2017, she received orders placing her on the retired list, effective 23 November 2017, because of physical disability incurred while entitled to basic pay, under the provisions of AR 635–40 (Personnel Separations – Physical Evaluation for Retention, Retirement, or Separation). She had 4 years, 11 months and 21 days for disability retirement. i. On 22 November 2017, she was honorably discharged from the ILARNG for medical, physical or mental condition. She had 10 years, 6 months and 5 days total service for pay. 5. In the processing of this case, the National Guard Bureau (NGB), Chief of Special Actions Branch reviewed the applicant's case and rendered an advisory opinion on 8 October 2019. The NGB, Chief of Special Actions Branch opined: a. They recommend partial approval. The NGB Incentive Office concurs with this recommendation. The ILARNG concurs with this recommendation. b. On June 06 2012, the National Guard Bureau (NGB) published “Changes to MEDSOM #12-001, Fiscal Year 2012-2013.” This policy was in place when the soldier transferred from the USAR. In the policy it stipulates the guidance for both the HPLRP and the SPB. In paragraph 12 the NGB outlines the guidance for receipt of both incentives. The policy states that both incentives can be contracted for at once and that the Soldier has the option to sign for the incentives in which ever order they prefer. c. Based on the email traffic provided by the Soldier, she was given the wrong information regarding signing her incentives contract. Her incentives manager should have had her sign for both incentives at once, but she failed to properly execute her role. However, CPT Johnson’s request to have her contract retroactively enacted as of 2012 is not recommend. Amending her record to show that she contracted for it in 2012 is appropriated, but payments should not be effective until CY 2015 (once her SPB was completed). d. Based on paragraph 12a of the FY 12-13 ARNG AMEDD Officer Incentives Policy, payments of dual programs will be paid consecutively. Therefore she would not have received any payments prior to July 2016. If her HPLRP contract had been executed properly the Soldier would have been able to complete her required time during the two years prior to her medical discharge. Therefore her record should show eligibility for the remaining $35,000 of her HPLRP. e. It is the recommendation of this office that the Soldier receive partial-relief. Based on the evidence provided it is clear that the Soldier intended to contract for both incentives, but was provided inaccurate guidance from her state incentives team. Therefore the Soldier should be eligible to receive her remaining HPLRP allotments ($35,000) for anniversary years 2015-2016 and 2016-2017. f. They also supply copies of documentation they have on file regarding the applicant. 6. On 11 October 2019, the applicant was provided with a copy of this advisory opinion to give her an opportunity to submit a response and/or a rebuttal. She responded that she concur with the NGB advisory and provided a copy of her student loan data. 7. DODI (Department of Defense Instruction) 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. 8. ARNG SRIP Guidance for FY13, effective 1 January 2013 through 30 September 2013, (Policy Number 13-01), dated 29 November 2012, provided specific requirements for those receiving the SLRP, and included the following: a total of $50,000 was the lifetime maximum amount for the SLRP/09S program. Under no circumstances could the MEPS guidance counselor execute an SLRP/09S contract without the GIMS SLRP approval memo from the State incentive manager or SLRP manager. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the recommendation from the advisory opinion and the applicant concurring with those recommendations, the Board determined to grant partial relief to have the applicant’s HPLRP back dated to 3 July 2012. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned by having her Healthcare Professionals Loan Repayment Program (HPLRP) retroactively backdated to her Special Pay contract dated July 2012, and the Soldier be eligible to receive her remaining HPLRP allotments ($35,000) for anniversary years 2015-2016 and 2016- 2017. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to retaining eligibility prior to CY 2015. 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. ARNG SRIP (Selected Reserve Incentive Programs) Guidance for FY13 (fiscal year 2013), effective 1 January 2013 through 30 September 2013, (Policy Number 13-01), dated 29 November 2012, established policy to administer ARNG incentives for the stated period. Paragraph 17 (SLRP) provided specific requirements for those receiving the SLRP, and included the following: * The recipient had to have one or more qualifying and disbursed Title IV Federal loan(s) that was not in default at the time of enlistment; the loans had to be listed on the NSLDS website * Loans had to have been disbursed prior to enlistment and were required to be at least 1-year old on the anniversary date of the contract * A total of $50,000 was the lifetime maximum amount for the SLRP/09S program * Under no circumstances could the MEPS guidance counselor execute an SLRP/09S contract without the GIMS SLRP approval memo from the State incentive manager or SLRP manager * The following documents were required to be uploaded: NSLDS Aid Summary website sheet; NSLDS Detailed Loan Information sheet; non- NSLDS promissory notes and disbursement sheets * A recipient processing through the RTRS must enlist within the date of request, plus 7 days of the RTRS reservation, in order to secure the CS vacancy * An NPS SLRP or 09S recipient must meet the following eligibility requirements, except where indicated: NPS recipient is eligible for SLRP as a stand-alone incentive to include enlisting under the Split-Option and/or GASP options; the recipient must enlist for a minimum 6-year term of service; SLRP recipient must enlist for a CS vacancy in the grade of E-4 or below in an MOS, Para/Lin within Tier Levels 1-6 only; and each SLRP recipient must enlist into a qualifying, valid, top-loaded AUVS vacancy position in REQUEST in an MTOE or Medical TDA unit only 3. DODI (Department of Defense Instruction) 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. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170001580 4 1