ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 July 2020 DOCKET NUMBER: AR20170008022 APPLICANT REQUESTS: Reinstatement of Health Professionals Loan Repayment Program (HPLRP) incentive and special pay for Physician Assistant. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter, undated FACTS: 1. The applicant states she would like her incentive pay reinstated. When she signed the contract for a six-year commitment, she kept her end of the contract, but the US Army did not. Her contract ended on 7 June 2017. She states her first year, June 2010 to June 2011 was not a good year because she was never given orders as to when or where she should report. She did not have support from her recruiter. Once she located her unit, she was able to work hard and complete 6 "good" years. She was not made aware that the incentive pay had been terminated. She did not know to follow up or file for a correction. She just assumed that the payments would be forthcoming. 2. In her self-authored letter to Human Resources command (HRC), she states she was recruited and signed an Oath of Office on 8 June 2010. With a commitment of 6 years, she was authorized an incentive pay of $60,000. The only payment received was the first $20,000. She was not aware the incentive pay had been terminated and after the 5th year, contacted the Unit’s Reserve Personnel Action Center (RPAC) and they initiated an inquiry. 3. When no response was received, she requested it be sent again. The Incentives Division determined she no longer qualified for the incentive pay since her first year was not considered a “good” year. In her defense, she explained that she had not received orders instructing her when or where to meet with a unit. Her recruiter said her unit was in Tucson, but provided no more information. After three months, she drove all over Tucson until she found it and met with the Unit Administrator. He stated her name sounded familiar and he would have to locate her paperwork "somewhere" on his desk. She just missed the September 2010 drill and was told when the next meeting would be. The first "good" year was not met due to no fault of her own, but a breakdown in communication. The applicant is requesting the incentive pay be reinstated, retroactively. 4. A review of the applicant’s official record shows: a. On 11 January 2010, a Mandatory Removal Date Determent and Appointment in the US Army Reserves was initiated and approved for the applicant. This allowed her to exceed the maximum age authorized for appointment at the grade of Major and for not being able to complete 20 years of qualifying service before her mandatory removal date of 12 April 2017. b. The Oath of Office was initiated on 8 June 2010, wherein she was appointed as a Reserve Commission Officer in the rank of Major (MAJ)/O-4. c. The applicant was commissioned as an AMEDD Officer in the US Army Reserve with a specialty as a 65D – Physician Assistant. This position came with Health Care Professional Loan Repayment Program (HPLRP) and Special Pay. She agreed to: (1) Attend all scheduled unit training assemblies (at least 48 per year) unless excused by proper authority. (2) Complete one period of annual active duty for training of not less than 14 day per year exclusive of travel time. (3) Is qualified for service in critical specialty Physician’s Assistant. (4) Must remain in good standing to obtain loan repayments. Eligibility date for repayment will be based on the effective date of assignment. A request for repayment will be initiated on anniversary date. Total program repayments for all years will not exceed the maximum of $50,000. (5) Special Pay Program entitled the applicant to $20,000 per year for a maximum of 3 years as determined by her specialty. The special pay will be paid upon receiving assignment orders (anniversary date). She was required to perform satisfactorily in the unit, in accordance with AR 135-91. If she terminates her service before the end of the period, she will have to refund the full amount of the payment made. She must complete the contracted period of service. d. On 7 July 2010, the US Army Human Resources Command Orders C-07-010066 assigned the applicant to the 7220th US Army Medical Support Unit with an effective date of 8 June 2010. e. The applicant has a National Commission on Certification of Physician Assistants (NCCPA) letter that states her certification is valid and was initially certified on 17 January 1992. f. A review of the Chronological Statement of Retirement Points shows the applicant had 39 total points creditable towards retirement from 8 June 2010 to 7 June 2011. g. On 2 August 2017, the applicant was placed on the retired list with an effective date of 12 April 2017. 5. The applicant’s record is void of a Welcome Letter or sponsor in accordance with AR 600-8-8 (Total Army Sponsorship Program). 6. The applicant provided a self-authored memo, described above. 7. References are provided. BOARD DISCUSSION: 1. The Board considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her commission as an AMEDD officer in 2010, her orders assigning her to a unit that post-dated her report date, her position entitling her to Health Care Professional Loan Repayment Program (HPLRP) and Special Pay, the absence of a Welcome Letter, her Chronological Statement of Retirement Points to include points received 2010-2011 and her continued service until her placement on the retired list in 2017. The Board found the applicant was eligible to received HPLRP and Special Pay and found her claim to have merit. Based on a preponderance of evidence, the Board determined that the applicant’s record should be corrected to show eligibility for the entirety of the incentive. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: - Showing that the applicant completed the required annual service to receive full entitlement to the Health Care Professional Loan Repayment Program (HPLRP) and Special Pay shown in the incentives program form, and; - Paying the applicant’s incentive in full as a result of this correction. 8/3/2020 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. REFERENCES: 1. Title 10 United States Code 16302 states that the Health Professionals Loan Repayment Program (HPLRP) is designed to repay designated loans secured by eligible health professions officers serving in 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 area of concentration which they were commissioned. With the exception of certain Physician Assistant programs, undergraduate and prerequisite courses for admittance into a qualifying degree program, like medical and dental school is not authorized for repayment. Health professional critical specialties will be identified and authorized for the HPLRP in annual HQDA policy guidance. 2. Army Regulation 621-202 (Army Educational incentives and Entitlements) states that the HPLRP will repay outstanding loan(s) that were secured according to 10 USC 16302, to finance health professional education approved by the Secretary of Defense as a critical specialty needed to meet wartime, combat medical skill shortages. 3. Title 37 USC, section 302 states an officer entitled to board certification pay is entitled to special pay of $15,000.00 or more for any twelve-month period during which the officer is not undergoing medical internship or initial residency training. The amount of special pay may not exceed $75,000.00 for any 12-month period. 4. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records): a. Paragraph 1-7 (Service requirement for a satisfactory year of service for non- regular retirement) states a qualifying year of service for non-regular retired pay is a full year during which a Reserve Component member is credited with a minimum of 50 retirement points. b. Paragraph 2-2 (Criteria for earning retirement points) states retirement points may be earned by USAR Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT (IDT consists of attendance at regularly scheduled unit training periods, additional IDT periods, and voluntary IDT), membership points, and for other activities specified in this regulation. 5. Army Regulation (AR) 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) states a. Chapter 3, paragraph 1 (Satisfactory Participation in Troop Program Units), states troop program unit (TPU) soldiers are required to participate in at least 48 scheduled inactive duty training (IDT)s, and not less than 14 days, exclusive of travel time, of annual training. b. Chapter 3, paragraph 11 (Participation Requirements for Army Medical Department Officers) states Officers voluntarily assume an obligation by signing an agreement to serve on active duty (AD) and/or participate satisfactorily in a Reserve Component (RC). They are required to fulfill the terms of their agreement or contractual obligation. 6. AR 600-8-8 (The Total Army Sponsorship Program) states reserve component soldiers not serving in an AGR status receive, at a minimum, a welcome letter and the opportunity to request a sponsor and to have one appointed. A welcome letter will be sent from the battalion (activity) commander (for officers); command sergeant major (for enlisted soldiers); or commander or activity director (for civilian employees) to the incoming soldier or civilian employee. The sponsor will also send a welcome letter. Sponsors will forward a welcome letter within I0 calendar days of appointment. The letter must contain a work address and telephone number where they may be reached. Sponsors are encouraged, but not required, to include their home address and telephone number to facilitate contact. Information requested on DA Form 5434 will be included with the letter. Other information that may be needed in advance of arrival, such as information on the unit or activity, should also be provided. The sponsor should telephone the incoming soldier or civilian employee, if possible. The sponsor will answer follow up correspondence from the incoming soldier or civilian employee within I0 working days of receipt of correspondence. The soldier or civilian employee will reply immediately to letters or other material from sponsor. If assignment status changes, the soldier or civilian employee will inform the sponsor as soon as possible. 7. Title 10 USC, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another’s service in the Army. //NOTHING FOLLOWS//