IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20170008448 APPLICANT REQUESTS: * cancellation of $77,027.99 debt associated with his previous participation in the Specialized Training Assistance Program (STRAP) * return of any and all previously collected payments associated with this debt APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Legal Petition * Affidavit * Birth Certificate * DD Form 1966 (Record of Military Processing) * California State University, Stanislaus Bachelor of Science degree certificate * DA Form 5261-R (Selective Reserve Incentive Program – Enlistment Bonus Addendum) * Certificate of Training * DA Form 4651-R (Request for Component Assignment or Attachment) * DA Form 61 (Application for Appointment) * 1st Recruiting Brigade letter * Headquarters, United States Army Recruiting Command letter * Memorandum for Record (MFR): Appointment as a Reserve Commissioned Officer * Order# C-11-840059 * Course Completion Certificate * DA Form 67-9 (Officer Evaluation Report) * Academy of Health Sciences Diploma * USAREC Form 1081-R-E (National AMEDD Augmentation Detachment (NAAD) Assignment Verification and Acceptance) * DA Form 71 (Oath of Commission) * DA Form 5685-R (New Specialized Training Assistance Program Service Agreement) * AMEDD Professional Management Command Letter of Instruction (LOI) * DA Form 4187 (Personnel Action) * STRAP Graduate Missing Document Checklist * Incentives Division Letter * Order# 07-215-00006 * Email Communication * Mental Health Counselor Letter from Ms. R_ * Physician Letter from Dr. M_ * Self Authored letter * MFR- Annual Training for Soldier Readiness Processing (SRP) * DA Form 200 (Transmittal Record) * DD Form 1351-2 (Travel Voucher) * Hotel Receipt * Order# 043633 * Order# 041480 * DA Form 4856 (Developmental Counseling Form) * AMEDD Soldier Readiness Processing Training Plan Checklist * LOI SRP * Email Communication * Court Order – Name Change * MFR – Notification of Involuntary Separation Action * MFR – Election of Options Under the Provisions of AR 135-175 * MFR – Request for Conditional Waiver – Honorable Character of Separation Under AR 135-175 * MFR – Personal Statement * MFR – Notification of Promotion Status * Email Communication * DA Form 1380 (Record of Individual Performance of Reserve Duty Training) * Certificates of Training * MFR – Army Reserve Components Achievement Medal (ARCAM) * Email Communication * DA Form 4187 * Email Communication * MFR – Policy Guidance for Administrative Separation * MFR - Unqualified Resignation * Email Communication * MFR – Involuntary Administrative Separation * Email Communication * DA Form 1380 with medical documentation for Physical Health Assessment * Order# D-01-500341 * Honorable Discharge Certificate * Account Statement * Defense Finance and Accounting Services Final Notice – Indebtedness to the United States Government letter * Department of the Treasury letter * Legal Counsel letter and submitted enclosures to the DFAS Debt and Claims * Legal Counsel letter to the U.S. Department of the Treasury FACTS: 1. The applicant is represented by legal counsel. As such, Counsel contests that the applicant was forced to involuntarily separate from the Army Reserve over his objections solely because he was transgender. The applicant was repeatedly informed that given the involuntary nature of his separation, the Army would not seek to recoup any funds previously paid in association with his previous participation in the STRAP. After a six year delayed processing of his involuntary separation paperwork, the Army has now initiated the recoupment of the $77,027.99, the full amount received under the STRAP, plus interest. DFAS has also caused the withholding of the applicant’s 2015 tax refund. This unanticipated recoupment has imposed a significant financial hardship on the applicant and his family, including impacting his credit score and preventing him from financing a new home. This debt also serves as a constant reminder of the now- defunct policy against transgender service that ultimately reduced the applicant career as both an Officer and Army Physician. To further explain the surrounding circumstances, counsel provides the following chronological sequence of events: * 1997 – the applicant joined the Army Reserve as an Enlisted Soldier prior to being commissioned as an Officer * July 2003 – the applicant elected to participate in the STRAP with a requirement to complete his residency training by June 2007 and to subsequently continue to serve in the Army Reserve * February 2007 – the applicant informed his leadership that he was diagnosed with Gender Identity Disorder (GID) and was currently receiving treatment * 4 February 2008 – the applicant submitted a letter to his leadership disclosing his status as transgender and desire to continue to serve in the Army Reserve while he transitioned * July 2008 – in accordance with medical standards for the treatment of GID and at the direction of the applicant’s medical treatment providers, he began hormone therapy and later underwent gender transition from female to male * August 2008 – the applicant was informed that due to his medical diagnoses of GID, he was unfit for continued military service under the current regulatory guidance * January 2009 – the applicant legally changed his birth name from a name commonly associated with that of a female to one commonly associated with that of a male * March 2009 –Major General C_ notified the applicant via memorandum, that involuntary separation action had been initiated solely based on his transgender; also requested that the applicant elect to resign in lieu of involuntary (RILO) separation or request an appearance board o In the MFR, reference to Army Regulation 40-501 was made where it states in part that the Army relied upon the provision that renders an officer with a gender identity disorder administratively unfit to serve and that AR 135-175 requires that the Army discharge any officer who is deemed administratively unfit to perform military duty * 28 April 2009 – after receiving legal counsel, the applicant submitted a resignation in lieu of involuntary separation * the applicant continued to fulfill his service obligation even after he was informed that he would be involuntarily separated * through 2013, the applicant completed online trainings in order to maintain his qualifications and standings * 13 May 2009 – the applicant received a notification of promotion to Major * 22 September 2010 – the applicant received the ARCAM * July 2011 – the applicant learned that his request for separation had not been processed due to personnel changes and the misplacement of his original resignation submission in 2009 * November 2011 – the applicant received, in contradiction with his original involuntary request for separation, new paperwork (unqualified resignation) to complete; the provided documents (DA Form 4187) incorrectly indicated that that the applicant was resigning his commission because he wanted to focus his attention on his family and civilian profession * in absence of legal counsel, the applicant signed and submitted the incorrect paperwork as requested * March 2012 – the applicant submitted additional resignation paperwork without the assistance of legal counsel; submitted documents included the DA Form 4187, previously submitted in 2011, and the RILO MFR entitled “Involuntary Administrative Separation” which clearly reflected that this separation was involuntary due solely to his transgender status * 10 July 2012 – email communication from Staff Sergeant L_ stated that "because of the nature of the involuntary separation, recoupment would not be submitted * 22 October 2012 – email communication from Master Sergeant B_ stated that she had received the applicant’s 2009 resignation paperwork after receiving the unqualified resignation paperwork and that he (the applicant) would not be required to pay back the STRAP payments if his involuntary separation paperwork was processed instead of the unqualified resignation paperwork. In response, the applicant requested that the involuntary separation, not the unqualified resignation, be processed * 9 July 2013 – personnel indicate that they were looking into the processing of the unqualified resignation which misstated the nature of separation i.e. to focus on family and civilian profession * 8 January 2015 – the applicant received notice that he would be honorably discharged effective 4 February 2015 * 4 February 2015 – the applicant was honorably discharged * 28 August 2015 – the applicant received a notice of recoupment for the full amount of funds received ($60,537.00) under the STRAP due on 28 September 2015 * 28 September 2015 – the applicant received a second notification from DFAS * 24 November 2015 – the applicant received a collection notice from the Department of Treasury in the amount of $77,027.99 inclusive of the initial STRAP payment amount, applicable fees, interest and penalties * 2015 – the applicant’s income tax of $7,396.00 was withheld due to the established collection associated with this debt resulting in a financial hardship; decline in his credit score by 50 points, inability to finance a new home for his growing family of six * 5 February 2016 – the applicant protested this debt with DFAS and submitted a formal hearing request to the Treasury; included within was his request to cancel the alleged debt, cease all collection actions, and remove the underlying recoupment decision – DFAS denied this request citing that the request extended beyond their authority 2. In further contention with the decision to recoup previous STRAP payments, counsel further raises the following cases wherein the ABCMR has exercised its discretion to forgive educational assistance debt repayment where the service member was separated despite ongoing efforts to satisfy his/her obligations: a. In case number AR20040011234, the applicant/petitioner who failed to graduate from West Point, petitioned the board requesting forgiveness of over $100,000 of educational assistance debt because "he did not voluntarily, or through misconduct" fail to satisfy the requirements to graduate; the petitioner failed to maintain height and weight standards and could not pass the physical fitness test – no evidence presented that this was related to a medical condition therefore it may be assumed that this was the result of improper eating habits – a voluntary action. The ABCMR granted full relief including complete discharge of the debt citing that the petitioner made effort to meet the physical requirements by losing weight and working out, despite never passing the 2 mile run event, his time steadily improved. In comparison, the applicant continued to complete online training through 2013 in effort to satisfy his reserve obligation. He also repeatedly communicated with Army personnel his desire to continue serving and took steps to maintain his personal medical readiness. a. In case number AR20130002139, the ABCMR found recoupment was improper where the Army had waited over four years to recoup a $5,400 overpayment to a service member. The ABCMR found that collection at "this late date," over four years after the erroneous overpayment, would be "contrary to equity and good conscience and against the best interest of both the Army and the Soldier. In the applicant’s case, the accumulated debt is substantially greater and the timeliness of action is even longer. Since the onset of this action, the applicant has since gotten married, established family and started a practice as a small town physician. Throughout the process of separation, the applicant was repeatedly assured that because of the nature of his involuntary separation, recoupment of his STRAP payments would not be submitted. Any effort now, to collect the overpayment at this late date, would be contrary to equity and good conscience and against the best interest on the Army and the Soldier. 3. Counsel further contends that under the Army’s current policy on Service by Transgender Personnel, the applicant would not have been involuntarily separated as the existence of the ban against military service by transgender personnel was the decisive factor resulting in his separation. It is undisputed that the sole reason provided for his separation was the fact that his diagnosis of GID and the medical treatment received in association rendered him administratively unfit to serve. In July 2016, the Department of Defense ("DOD") formally recognized the capacity of transgender service members to serve, and the importance of supporting gender transition when recommended by a medical provider. The DOD Instruction 1300.28: In-Service Transition for Transgender Service members outlines procedures for service members to transition gender while serving, and requires military medical providers to provide the necessary care and treatment to the service member during the transition process. The instruction recognizes the potential temporary impact on a reservist's attendance, and directs commanding officers to view non-availability during a member's transition as mitigating unsatisfactory performance. This directive was issued one month following the applicant’s separation which protected transgender personnel from dismissal by mid-level officers and required such discharges to be reviewed and approved by the Army's top civilian for personnel matters. The change mirrored the directive in place before the “Don’t Ask – Don’t Tell” policy was removed. In case number AR20150006811, AR20150004188, AR20140002548 the ABCMR has applied these changes to the DADT as the reasoning behind correcting a service members record citing that the law under which the service member was discharged had changed, and thus the Board concluded that "soldiers separated for homosexuality" should have their records modified "as a matter of equity. Counsel contends that the same should apply Soldiers involuntarily separated pursuant to the Army’s policy against transgender service members. 4. In summarized conclusion counsel contends that the applicant’s status as a transgender individual made him no less ready, willing, or able to serve in the Army. After disclosing his gender identity and transitioning acts of personal integrity and courage, the applicant actively pursued service in attempt to fulfill his obligations. Even after he was informed that he would no longer be permitted to continue serve in the Army Reserve because of his transgender status, he made continuous effort to find alternative means to continue serving his country in uniform. If not for the existence of the now superseded ban against service by transgender personnel, the applicant would have been permitted to remain in the Army Reserve, he would have been afforded the opportunity to fulfill his service obligation under his STRAP contract. Therefore, cancellation of recoupment is necessary here to correct this grave injustice. 5. A review of the applicant’s available service records reflects the following on: * 31 January 1997 – he enlisted in the Army Reserve and elected to participate in the Student Loan Repayment Program (DA Form 5261-4-R) for the maximum amount of $10,000, Montgomery G.I. Bill entitlement of $7316.64, and received an enlistment bonus of $3,000 * 6 November 1998 (DA Form 71) – he was administered his oath of office for commission in the Army Reserve as a Medical Service Corp Officer * 25 November 1998 (Order# C-11-840059) – he was reassigned as a Second Lieutenant in the Army Reserve * 26 June 2003 – he was commissioned as a Captain; elected to participate in the STRAP with a scheduled completion date of training and STRAP participation date of 30 June 2007 – service obligation end date of 30 June 2015 * 21 October 2005 (Order# 05-294-00085) – he was reassigned to the AMEDD Professional Management Command (APMC) effective 17 October 2005 * 27 May 2009 (Order# B-05-903-643) – he was promoted to the rank of Major * 8 January 2015 (Order# D-01-500341) – he was honorably discharged from the Army Reserve effective 4 February 2015 6. The applicant provides an affidavit reflective of the following chronological statement of events associated with his military service: * he was born in 1974 and assigned female as his gender; birth name of S_ * he attended the California State University and obtained a Bachelors of Science in Biological Studies degree * on 28 January 1997 he enlisted in the Amy Reserve as an Administrative Specialist and received an enlistment bonus * in November of 1998 he forfeited the remaining enlistment bonus entitlements as a condition of his commissioning as a Medical Service Corps Officer * in August of 1999 he enrolled in the New York Medical College * in January 2002 he completed Officer Basic Course and graduated within the top 20% of his class * in May 2003 he graduated from the New York Medical College and requested reassignment within the Army Reserve in order to participate in the STRAP and the Health Professional Loan Repayment Program (HPLRP) * in accordance with the STRAP, he received monthly payment entitlements during his residency incurring a 2 year obligation for each year of residency; his residency was projected to end in July 2007 – his service obligation would therefore end on June 2015 * 1 July 2003 he began his medical residency at the Ochsner Clinic Foundation and was placed in the Inactive Ready Reserve; received monthly STRAP payments totaling $60,537.00 * he wrestled with his outward gender presentation throughout his life and ultimately in August 2007, he recognized that he might be transgender * in November 2007 he was diagnosed with Gender Identity Disorder (GID) * on 15 July 2008 he began receiving hormone therapy for GID * on 23 January 2009 he obtained a court order to legally change his name to S_ * on 6 April 2009 the Army changed his records to reflect his new legal name * on 29 August 2007 he inquired about the possibility of serving in the Inactive Reserve Corps (IRC) of the U.S. Public Health Service (USPHS); he also inquired about the application of the DADT policy within the USPHS * he sought assistance from the Servicemembers Legal Defense Network (SLDN); based on advice received he notified his leadership Major (MAJ) D_ that he was transgender and intended to continue to serve in the Army Reserve throughout and after his gender transition * on 16 August 2008 he met with his leadership Lieutenant Colonel (LTC) P_ to disclose his transgender status and desire to continue to serve in the Army Reserve; he was informed that based on his medical diagnoses of GID, he would be deemed medically unfit and therefore disqualified from continued military service * by being designated as a female, and unable to change this within her military records (based on the current Army policy), he was required to continue to utilize female facilities – this raised safety concerns as it pertained to participation in military training * on 19 August 2008 he emailed LTC P_ reiterating his desire to stay in the Army Reserve * on 17 November 2008 he was informed that his commander was recommending that he be administratively separated solely based on his transgender status * on 27 March 2009 he received an MFR from MG C_ informing him that an involuntary separation action was being initiated based on his transgender status; the MFR provided options to either elect to resign in lieu of involuntary separation or request an appearance before a board * on 22 April 2009 he informed his legal counsel that he wanted to submit a resignation in lieu of involuntary separation; also inquired about transferring to the IRR to complete his remaining service obligation but was advised that based on the GID, this request would likely be denied * on 28 April 2009 legal counsel advised him to submit a resignation in lieu of involuntary separation and a conditional waiver of a board hearing with the contingent of receiving a character of service that is not less than honorable; informed his counsel that he could not submit to the statement “medically unfit” and that he wanted to enter into a process for separation that would not result in the recoupment of any previously received benefits * on 13 May 2009 he was selected for promotion to MAJ effective 27 May 2009 * on 17 November 2009 he received confirmation that his resignation packet was still being processed through the United States Army Reserve Command * on 22 September 2010 he received an ARCAM * in July 2011 he contacted HRC to update his address; was informed that his resignation packet was lost and needed to be restarted * on 18 November 2011 he received forms to initiate an unqualified resignation; absent legal counsel, he signed the documents * on 6 March 2012 he signed a resignation in lieu of involuntary separation indicating that he had chosen to not seek retention by the administrative separation board * on 10 July 2012 he was informed that because of the nature of his separation recoupment of his STRAP payment would not be submitted * on 22 October 2012 he received notification that his unqualified resignation packet was completed; informed that this would be considered a “voluntary request” and would result in recoupment of previously received STRAP entitlements, but if an involuntary separation was processed instead this recoupment would not be required – he requested to process the involuntary separation and not the unqualified resignation * on 26 July 2013 he received an email notifying him that his unqualified resignation packet was received and being processed; between October 2014 and January 2015 he continued to inquire about the status of his submitted resignation in lieu of involuntary separation packet * on 8 January 2015 he received an honorable discharge pursuant to his resignation effective 4 February 2015 * on 28 August 2015 he received a bill from the DFAS for recoupment of the STRAP payments * on 24 November 2015 he received a notification from the US Treasury concerning the debt delinquency * on 5 February 2016 he filed a protest with DFAS concerning the debt challenging the validity * on 28 April 2016 DFAS denied this request on the bases that the desired relief from debt was beyond their authority * the impacts of this debt has affected his family and his credit score 7. The applicant provides the following applicable additional documents a: * DA Form 5261-R (Selective Reserve Incentive Program – Enlistment Bonus Addendum) dated 31 January 1997 – reflective of his entitlement to a $3000 enlistment bonus * DA Form 61 (Application for Appointment) dated 23 September 1998 – reflective of his request for commissioning * Headquarters, United States Army Recruiting Command letter dated 27 October 1998 - – reflective of his favorable consideration to be commissioned as an Officer * 1st Recruiting Brigade letter dated 5 November 1998 – reflective of his selection to be commissioned as an Officer * Memorandum for Record (MFR): Appointment as a Reserve Commissioned Officer dated 6 November 1998 – reflective of his commissioning as a Medical Service Corps Officer * Order# C-11-840059 dated 25 November 1998 – he was reassigned, due to appointment as an officer, from a unit in Pedricktown, NJ to a unit on Fort Dix, NJ effective 6 November 1998 * Academy of Health Sciences Diploma dated 18 January 2002 – reflective of his Officer Basic Course completion * DA Form 5685-R (New Specialized Training Assistance Program Service Agreement) dated 26 June 2003 – reflective of his election to participate in the STRAP * Letter of Instruction dated 1 June 2007 – reflective of a list of required documents that were needed in support of his STRAP completion and compliance * Incentives Division Letter dated 7 June 2007 – reflective of additional information pertaining to his STRAP obligation wherein it states that “If you live within 50 miles of an Army Reserve unit, you will be assigned directly to that unit” but “If there is not a unit within 50 miles of your home, you will be assigned to an Army Reserve unit within the continental United States and attached to APMC” * Order# 07-215-00006 dated 3 August 2007 – reflective of his reassignment to a unit in Vancouver, WA * Email communication between the applicant and a USPHS Recruiting and Training Officer occurring between 13 September and November 2007 – reflective of his inquiry concerning the DADT policy and its applicability to the IRC * Mental Health Counselor Letter from Ms. R_ dated 29 January 2008 – reflective the applicant being identified as a female to male transsexual/transgender person who had been diagnosed with GID and as a part of the process was required to live both publically and privately as a man; recommended that he not be deployed * Physician Letter from Dr. M_ dated 28 July 2008 – reflective of information pertaining to the medical (hormone) treatment being initiated on 15 July 2008 * Self Authored letter dated 4 February 2008 – reflective of him informing his leadership of his transgender identity and desire to continue to serve in the military * DA Form 4856 (Developmental Counseling Form) (front page) – reflective of the command requesting a legal review for administrative separation based on the information received from the applicant and the mental health advisor; advised of the possibility that the Army may direct STRAP payment recoupment * Email communication between the applicant and LTC P_ occurring between 19 August and 29 August 2008 – reflective of his desire to continue serving in the Army Reserve throughout his gender transition process and remaining service commitment obligation * Court Order – Name Change dated 23 January 2009 – reflective of his name being changed from S to S * MFR – Notification of Involuntary Separation Action from MG C_ - reflective of separation action being been initiated due to medical unfitness; further notified that if any bonuses associated with participation in incentive programs may be recouped – given 30 days to elect options associated with this separation (resignation in lieu of involuntary separation, transfer to the Retired Reserve or request board presentation) * MFR – Election of Options under the Provisions of AR 135-175 dated 28 April 2009 – reflective of his election to tender his resignation in lieu of involuntary separation * MFR – Request for Conditional Waiver – Honorable Character of Separation Under AR 135-175 dated 27 April 2009 – reflective of his request for an honorable characterization of service if discharged; waived personal board appearance * MFR – Personal Statement – reflective of his request to have his character of service be described as honorable, and to grant relief from recoupment of the STRAP funds previously received * MFR – Notification of Promotion Status dated 13 May 2009 – reflective of his selection for promotion to MAJ * MFR – Army Reserve Components Achievement Medal (ARCAM) dated 22 September 2010 – reflective of him being awarded this medal for completing 4 years of qualifying service in the Army Reserve * Email Communication between the applicant and the LTC P_ occurring between 17 November 2009 and 29 July 2011 - concerning the status of his resignation packet; 2 years with no notable action * DA Form 4187 dated 20 November 2011 – reflective of his request for an Unqualified Resignation * Email Communication between the applicant and the Sergeant K_, APMC Special Actions personnel, occurring on 18 November 2011 – reflective of the Unqualified Resignation separation packet requirements (documents) * MFR – Policy Guidance for Administrative Separation dated July 2009 – reflective of the regulatory guidance as defined in AR 600-20 (Army Command Policy) * MFR - Unqualified Resignation dated 9 November 2011 – reflective of his request for an unqualified resignation having completed both his STRAP and HPLRP obligation effective 15 April 2009; justification: to focus on family and his civilian profession * Email Communication between the applicant and Captain B_ occurring between 2 January 2012 and 6 March 2012 – reflective of the unqualified resignation packet being received by the Army Reserve Medical Command (ARMEDCOM) * MFR – Involuntary Administrative Separation dated 6 March 2012 – reflective of his decision to not seek retention at an administrative separation board and further that he did not fall under any of the STRAP provisions that would require recoupment; he also expressed his desire to continue to serve * Email communication between the applicant and Staff Sergeant L_ occurring between 14 June and 10 July 2012 – reflective of his commander determining that because of the nature of his involuntary separation recoupment of STRAP funds would not be submitted * Email communication between the applicant and Master Sergeant B_ United States Army Reserve Command (USARC), Personnel NCO occurring on 22 October 2012 – reflective of the 2 separation packets (Involuntary Separation and Unqualified Resignation) being received by USARC; he asked that involuntary separation action be processed under the guidance that STRAP funds would not be recouped * Email communication between the applicant and Captain G_ ARMEDCOM Risk Management Officer, occurring between 27 June and 9 July 2013 – reflective of a third attempt to obtain the status of the separation action (unqualified resignation) * Order# D-01-500341 dated 8 January 2015 – reflective of his honorable discharge from the Army Reserve effective 4 February 2015 * Honorable Discharge Certificate - – reflective of his honorable discharge from the Army Reserve effective 4 February 2015 * Account Statement dated 28 August 2015 – reflective of a STRAP debt balance in the amount of $60,523.95 * Defense Finance and Accounting Services Final Notice – Indebtedness to the United States Government letter dated 28 August 2015 – reflective of his debt(s) being referred to DFAS Debt Collection Management for recoupment * Department of the Treasury letter dated 24 November 2015 – reflective of a debt in the amount of $60,178.12; including interest and fees the total of $77,027.99 is to be collected * Legal Counsel letter and submitted enclosures to the DFAS Debt and Claims office dated 5 February 2016 – reflective of the same information previously contained within the petition to this board; the letter is provided in its entirety within the supporting documents * Legal Counsel letter to the U.S. Department of the Treasury - reflective of their request that the withholding of funds order not be issued until DFAS holds a hearing and renders a decision with respect to the validity of the debt 8. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, record and length of service, election to participate in STRAP, gender transition documents, documentation related to separation actions, his honorable discharge and the DFAS documentation of Indebtedness. The Board considered the documents and assertions made by counsel and changing Army policy related to service of transgender individuals. The Board found that the applicant did serve a portion of his obligated service after signing the STRAP agreement. Based on a preponderance of evidence, the Board determined that the applicant was entitled to some relief of his debt, proportional to the length of his service. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : 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 be corrected to show: - the applicant was eligible for the portion of the STRAP stipends commensurate with the length of time served under the agreement; - that the applicant be relieved of that portion of debt as a result of the correction above, and; - refund the applicant any money collected in over the amount he is entitled to as a result of the correction above. 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 relief in excess of that described above. 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. Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) states that early termination of an officer’s participation in the Health Professional Stipend Program must be directed or approved by the STRAP manager acting on behalf of the Surgeon General (TSG). Such early termination may only be for one or more of the following reasons: (1) Participation in the Health Professional Stipend Program may be terminated if an officer- (a) fails to complete a specialized training program or educational program and either is released from the program or voluntarily stops training in the specialty designated in the participant’s stipend agreement. (b) fails to meet or maintain the eligibility requirement for the Health Professional Stipend Program. These requirements include, but are not limited to the following: 1. membership in good standing in the Ready Reserve 2. valid licensure, as required 3. attendance in good standing at the specialized course of training or educational program (c) is convicted of any of the following: 1. a felony as defined under Federal, State, or local law 2. an offense which, if tried under the Uniform Code of Military Justice, could result in a sentence of at least 1 year of confinement or a dishonorable discharge (d) commits one or more acts resulting in discreditable involvement with civilian or military authorities (for example, public drunkenness). An officer may be terminated from the program whether or not the officer is charged, indicted, tried, or convicted of such acts. (e) becomes an unsatisfactory participant under the provisions of AR 135–91. (f) exceeds the maximum period authorized for suspension in paragraph 8–6. (g) applies for conscientious objector (1–0) status. 2. AR 135-7 (Incentive Programs) states that a New STRAP participant who fails to complete the specialized training program and is terminated under paragraph 11–10 will be subject to one of the following: * Recoupment * Ordered to AD for a period of 1 year for each year or part thereof for which the officer received financial assistance a. The Secretary of the Army may choose not to seek recoupment or AD service of an officer who fails to complete the specialized training program. However, such action will not relieve the officer from any military obligation imposed or incurred by any other law or regulation. b. The Office of the Comptroller of the Army will issue specific collection procedures for the recoupment of stipend payment. The New STRAP manager will initiate recoupment procedures in the case of erroneous payment or when an officer’s entitlement to the stipend is terminated and recoupment is indicated. c. An officer who participates in the New STRAP incurs an obligation to serve 2 years in the IRR, or 2 years in the Selected Reserve (except on AGR status), as appropriate, for each year or partial year for which he or she receives financial assistance. d. Unless the officer is earlier terminated from the program, discharge of the contractual agreement will not begin until successful completion of the specialized training program. Such discharge will continue uninterrupted until the obligation is fully satisfied. This is unless the officer is sooner separated at the discretion of HQDA, or unless the method of satisfaction of the obligation is altered by voluntary participation in another educational or training program, or by a change of component or duty status. 3. AR 135-175 (Separation of Officers) states that members of the Army Reserve will be removed from an active status when found to be medically unfit to perform active duty. Officers who are determined administratively unfit to perform military duty by appropriate military authority based on objective evidence of such unfitness (medical evaluation made pursuant to AR 40-501), will be discharged. An officer who has been notified of being considered for involuntary separation may submit a resignation at any time prior to final action taken on the board proceedings. Commanders will ensure that there is no element of coercion in connection with a resignation in lieu of involuntary separation and that the officer concerned is allowed at least 10 days after notification of impending involuntary separation to make, a personal decision when resignation' is contemplated. A resignation will automatically suspend involuntary separation action pending final action on the resignation. Normally, an obligated officer will not be permitted to resign his-office until such time as the obligated period of service is completed except when cases involving extreme compassionate circumstances action is deemed to be in the best overall interest of the officer and the Army. 4. In July 2015, the Secretary of Defense directed the Department of Defense to identify the practical issues related to transgender Americans serving openly in the military and to develop an implementation plan that addresses those issues consistent with military readiness. On June 30, 2016, the Secretary announced a new policy allowing open service of transgender Service members. Qualified Service members can no longer be involuntarily separated, discharged, or denied reenlistment or continuation of service just for being transgender. 5. Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interest of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty). Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170008448 15 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1