IN THE CASE OF: BOARD DATE: 16 July 2020 DOCKET NUMBER: AR20170009415 APPLICANT REQUESTS: entitlement to the Health Professional Loan Repayment Program (HPLRP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email Communication * USAREC Form 601-37.48 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement) dated 9 June 2016 FACTS: 1. The applicant states that he was commissioned in the Arizona Army National Guard (ARNG) in August of 2016. The recruitment and credentialing process was conducted swiftly although communication was poor at times. He was informed that he would be appearing before a board however he was provided with its significance. He had no idea that he would be sworn in that day. Throughout the process he inquired multiple times about his entitlement to incentives. a. As a physician he was given the option of receiving $40,000 under the HPLRP or a $25,000 cash bonus. He clearly indicated that his preference was for the HPLRP as such he assumed that this election was effective the day that he was sworn in. He contests that he was never advised that he needed to complete an additional signed contract. b. The credentialing noncommissioned officer that he was working with indicated that a packet would be made available to him after the board meeting. At that time he would sign the document and it would be effective on day 1 of his commissioning. He has now come to realize that he does not have an HPLRP contract and would only be entitled to the HPLRP once he completes a new contract. He accepts responsibility for not initiating a contract; however, he contends that communication was often poor during the commissioning process. He was never advised until recently that this action was necessary. He assumed that he would submit the required documents on his commission anniversary date. 2. A review of the applicant’s available service records reflects the following: a. On 25 August 2016 he was commissioned in the AZ ARNG. b. On 23 March 2017 he received 12 years 2 months and 30 days of entry grade credit based upon his previously obtained civilian education as a physician. c. On 27 March 2017 (Order# 61) he received federal recognition of his initial appointment in the ARNG. 3. The applicant provides the following: a. Email Communication reflective of correspondence between the applicant and his credentialing NCO (Staff Sergeant (SSG) dating back to 9 June 2016 wherein he was advised on how to complete the USAREC Form 601-37.48. The information provided corresponds with how the applicant annotated his interest in the HPLRP and further specifies that his primary election was to receive incentives associated with the HPLRP. Throughout the communication he repeatedly inquired about his entitlement to the HPLRP. 1) On 19 July 2016, in response to his inquiry, SSG advised him that he would be able to select the HPLRP incentive prior to signing up for special pay. This action would be accomplished by completing an additional packet. 2) On 8 September 2016 First Lieutenant (1LT) (Health Services Recruiter) advised him that he was eligible for several bonuses to include the HPLRP. 3) On 10 September 2016 1LT advised him that he qualified for $40,000 annually under the HPLRP. 4) In response he expressed that his intent was to apply for the HPLRP for the first 2 years of his service and then opt for the cash incentive annually thereafter. 5) On 11 May 2017 1LT informed him that since the HPLRP contract was not initiated with SSG when he indicated this previously, he would need to submit a request through the ABCMR. b. USAREC Form 601-37.48 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement) dated 9 June 2016 reflective of his primary election of the HPLRP incentive with Special Pay – 2 year as his secondary election. This document is void of his recruiter’s signature. 3. The applicant did not provide nor does a review of his available personnel records reflect completion of DA Form 5261-4-R (Student Loan Repayment Program Addendum), DA Form 5536 (Agreement Health Professionals Loan Repayment) or DA Form 2475 (DOD Educational Loan Repayment Program Application). 4. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records. The Board considered the applicant’s statement, his commissioning with entry grade credit, the date of his Federal Recognition, the content of the email correspondence between the applicant and his credentialing NCO and the Health Services Recruiter and the absence of completed DA Forms 5261-4-R, 5536 or 2475 in the applicant’s records. The Board found that the applicant was assessed as a medical professional and should be afforded the opportunity for the HPLRP incentive. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was appropriate. 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 the applicant completed USAREC Form 601-37.48 (U.S. Army Reserve and Army National Guard Incentives Declaration Statement) and any other required forms reflecting his primary election for HPLRP in conjunction with his contract; - Showing this form was completed with all required signatures, timely submitted, accepted and processed by the appropriate authority, and; - the applicant is entitled to payment of the requested incentive in accordance with program criteria at the time of his commissioning and in an amount as determined by the program proponent. 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) 135-7 (Incentive Programs) Chapter 7 provides that the Health Professionals Loan Repayment (HPLR) Program is designed to repay designated loans secured by eligible commissioned officers of the Medical Corps (MC) assigned to the Selected Reserve. To apply for participation in the HPLR Program, the eligible officer will complete DA Form 5536-R (Selected Reserve Incentive Program (SRIP) Health Professionals Loan Repayment Program Agreement), this agreement should be executed on assignment to the Selected Reserve or thereafter on meeting all eligibility criteria. The anniversary date for the repayment of loans is based on the date the officer completes the agreement. Each complete satisfactory year of Selected Reserve Service performed under the terms of the agreement will establish the anniversary for repayment of eligible loans. Chapter 5-1 Student Loan Repayment Program (SLRP) provides that this incentive is offered to qualifying non-prior service personnel on signing a contractual agreement for a specified term of service in the Selected Reserve and executing DA Form 5261-4. Selection of the SLRP incentive and execution of DA Form 5261-4 must be made by the person when he or she signs a Selected Reserve contractual agreement. The maximum amount payable for the SLRP is $20,000.00 for a Soldier who contracts for a critical MOS that has been established by Headquarters Department of the Army. 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. Paragraph 8-5 (Entitlement) states that on each anniversary date, any authorized loan will be considered eligible for repayment that: * has an outstanding balance on the principal * has been secured for at least 1 year prior to the current anniversary date * the designated amount of repayment to be made on the anniversary date of those agreements are established as follows: (1) The maximum gross aggregate per year the amount authorized in the annual SRIP guidance for that component, or the remaining balance of the loan(s), whichever is less. (2) Total program repayment for all years will not exceed the statutory lifetime cap listed in the AMEDD incentives policy at the time the contract is signed. (3) The designated amount of repayment to be made on the anniversary date of eligible loan(s) (the maximum aggregate per year) is the amount authorized in the annual SRIP guidance for that component or the remaining balance of the loan(s), whichever is less. 3. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Program Procedures) states in Paragraph 6.2, 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170009415 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1