ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 January 2019 DOCKET NUMBER: AR20170010144 APPLICANT REQUESTS: correction of her records to show her Health Professionals Loan Repayment Program (HPLRP) agreement began on 17 May 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 71 (Oath of Office – Military Personnel) * Kentucky Board of Dentistry License 2016/2017 * Memorandum for Record, dated 4 April 2017 * DA Form 5536 (Agreement – HPLR), dated 26 July 2016 * Amendment to DA Form 5536 FACTS: 1. The applicant states she took her oath of office on 17 May 2016; however, her HPLR agreement was not put in until 26 July 2016. The reason for the date discrepancy is unknown. This date discrepancy puts her at a financial hardship with interest rates at 6.8 percent and a 3 month delay on repayments. She contends her HPLR date should be her oath of office date. 2. With prior commissioned service, the applicant executed an oath of office as a Reserve commissioned officer in the rank and grade of captain/O-3 effective 17 May 2016 in the Kentucky Army National Guard (KYARNG). 3. The applicant provided her DA Form 5536, dated 26 July 2016, showing she met the eligibility requirements and records her agreement to participate in the HLRP program. Her critical medical specialty was 63B, Comprehensive Dentist. Within the agreement it states in Section III (Repayments) the anniversary date will be determined based upon the date of this agreement. Each complete satisfactory year of service performed under this agreement establishes an anniversary date. On each anniversary date, her unit will initiate a request for repayment of eligible loans. A separate HPLRP Statement of Understanding showing the maximum aggregate amount of repayment was increased to $40,000 per year with the maximum not to exceed $240,000. 4. An advisory opinion was obtained from the Deputy Chief, Personnel Policy Readiness Division, National Guard Bureau. It recommends adjusting the contract date of the HPLR agreement to her oath of office date. Although the DA Form 5536 and addendum can be signed after the Soldier’s date of appointment into the Selected Reserve (SELRES), the intent is that the agreement be signed when the Soldier has met all eligibility requirements, as described in paragraph 8-3 of Army Regulation 621- 202 (Education – Army Educational Incentives and Entitlements). A review of her record shows the applicant met all eligibility requirements based on her appointment and license issuance on 17 May 2016. The only requirement not met on that date was the completion of the DA Form 5536. The reasons for the delay in completing the DA Form 5536 are unknown. There is an implication that the anniversary year should coincide with the date of the officer’s appointment to ensure that each year served as a commissioned officer is met with an anniversary payment on the officer’s loans. The Army National Guard Army Medical Department Incentives Branch and the KYARNG concurs with this recommendation. 5. A copy of the advisory opinion was mailed to the applicant for her review and rebuttal. She did not respond. BOARD DISCUSSION: The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance. A review of her record shows the applicant met all eligibility requirements based on her appointment and license issuance on 17 May 2016. Lastly, based upon the advisory opinion of the NGB, and the Army National Guard Army Medical Department Incentives Branch and the KYARNG concurrence with the NGB recommendation, the Board found full grant was appropriate. 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 adjusting the contract date of the HPLR agreement to her oath of office date of 17 May 2016. SIGNATURE: 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. ADMINISTRATIVE NOTE(S): N/A EFERENCES: 1. Department of Defense (DOD) Instruction 1205.21 (Reserve Component Incentive Programs Procedures) states the authority to execute payment of all incentive programs included in this instruction is subject to authorization in law and appropriation of funds, and applicable DOD and Service policies. Section E9 covers the HLPRP Written Agreement, including the acknowledgement, understanding, and authentication. It states repayment of any loans under this program shall be made after each year of satisfactory service performed as a commissioned officer in the Selected Reserve, beginning with the date of signing this contractual agreement. 2. Army Regulation 621-202 (Education – Army Educational Incentives and Entitlements) prescribes policies and procedures for administration of Veterans’ education programs and education incentives authorized by law. Chapter 8 pertains to the SELRES HPLRP and it provides policy and guidance for the administration of this program. Under the provisions of Title 10, U.S. Code, section 16302, this program is designed to repay designated loans secured by eligible health professions officers serving in the SELRES with wartime critical medical skill shortages. For each year of satisfactory service in the SELRES, the Government will repay the designated loans for an officer. To participate in the HPLRP, the eligible officer must have qualifying loans at the time of signing the DA Form 5536. The agreement should be executed on SELRES assignment or thereafter on meeting all eligibility criteria. The anniversary date is based on the date the officer completes the agreement. Each year of satisfactory SELRES service performed under the terms of the agreement will qualify the Soldier for repayment of eligible loans. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), sets policies and procedures for administration of the Army National Guard incentive programs, including bonuses and loan repayment programs. Paragraph 1-13 (Required Documents) states applicants for programs administered by this regulation are required to sign documents which specify the eligibility criteria for the term of service for the desired incentive. The document will contain an acknowledgment that the applicant has been advised of and understands the benefits of the program, and the conditions that require suspension, termination or recoupment, if applicable. These documents will also be authenticated by a proper witnessing official and will include the preparation date. ABCMR Record of Proceedings (cont) AR20170010144 4 1