ARMY BOARD FOR CORRECTION OF MILITARY RECORDS (ABCMR)

RECORD OF PROCEEDINGS (ROP)


	IN THE CASE OF:  

	BOARD DATE:  1 October 2019

	DOCKET NUMBER:  AR20170015998


APPLICANT REQUESTS:  An order authorizing the applicant’s Health Professional Loan Repayment (HPLR) contract effective date be changed to reflect 5 June 2015.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 5536 Agreement HPLR
* National Guard Bureau (NGB) 337 Oaths of Office
* Emails (11 February 2016 - 19 February 2016)
* Email, 12 February 2016
* Applicant memorandum, 11 September 2017
* Memorandum for Innovative Readiness Training (IRT) Program Manager at NGB, 18 September 2017
* Memorandum for Record (MFR), 19 September 2017
* MFR, 21 September 2017
* Timeline of HPLR program issue
* Similar case decision and Record of Proceedings (ROP)

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 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 in effect, at the time of his appointment as a dental officer in the Iowa Army National Guard (IAARNG) on 5 June 2015, he was eligible for the Health Professional Loan Repayment Program (HPLRP).  At this time MAJ Xx__ Xx__ operated as the Special Branch Recruiter.  MAJ Xx__ Xx__ operated as the State Incentives Manager.  Through no fault of his own, an HPLRP contract for the applicant was not completed.  This error was not discovered until February 2016.  The error was discovered by MAJ Xx__ Xx__, who had recently replaced MAJ Xx__.  Although a contract was issued, it was issued with the effective date of 26 February 2016.  Due to the date of the contract, the applicant will not receive his first payment until 27 February 2017 when it should have been received on 6 June 2016.  The HPLRP contract for the applicant, through no fault of his own, was not properly processed by the IAARNG until February 2016.  He was passed around between two different offices, neither of whom correctly processed the HPLRP contract.  He was told his contract was completed and that he had to contact the IAARNG Incentive Manager 90 days from the date of the first anniversary of his HPLRP contract.  In reality, however, the HPLRP contract did not exist.  The HPLRP contract for him was not even uploaded into GIMS (Guard Incentive Management Subsystem), until February 2016, 8 months after it should have been completed.  The HPLRP contract for him should be dated to reflect 5 June 2015, which represents the date he swore in as a dental officer with the IA ARNG.

3.  The applicant provides:

	a.  ABCMR administrative letter, dated 25 July 2017 which states the applicant had not appealed his loan repayment through the State Adjutant General office to the NGB.

	b.  DA Form 5536 Agreement HPLR showing he was qualified in the critical medical/nursing specialty 63A (General Dentist) unsigned and undated.

	c.  NGB 337 Oaths of Office showing he was sworn in as a captain in the IAARNG on 5 June 2015.

	d.  Emails (dates 11 February 2016 - 19 February 2016) advocating for the applicant’s HPLR approval.

	e.  Email, dated 12 February 2016 from the applicant attempting to gain traction from someone that can assist in the processing of his HPLR.

	f.  Applicant memo, dated 11 September 2017 stating he request to have his HPLR contract start date amended to 5 June 2015.

	g.  Memo for XXX at NGB, dated 18 September 2017 supporting the applicant’s request to have his date reflect 5 June 2015.

	h.  MFR from Special Branch Recruiter, 19 September 2017 supporting the applicant’s request.

	i.  MFR from NGB Incentives Branch, 21 September 2017 supporting the applicant’s request to have his date reflect 5 June 2015.

	j.  Timeline of HPLR program issue showing communication excerpts and timeline of events.

	k.  Similar case decision and ROP showing a similar case in the IA ARNG was approved for full relief.
4.  A review of the applicant’s service records shows the following:

	a.  He was appointed as a reserve commissioned officer of the Army on 20 April 2011.

	b.  His records are void of documentation associated with HPLRP.

	c.  DA Form 5447 (Officer Service Agreement Selected Reserve Educational Assistance Program), dated 13 December 2013 showing officer service agreement for Selected Reserve Montgomery GI Bill.

	d.  DD Form 2384-1 (Notice of Basic Eligibility) showing official notice and certification of his eligibility for Selected Reserve educational assistance benefits.

	e.  NGB 337 (Oaths of Office), showing he was sworn in as a captain in the IA ARNG on 5 June 2015.

5.  On 29 April 2019, NGB AMEDD (Army Medical Department) Incentives Branch and Surgeon Office provided an advisory opinion which states:  Evidence suggests that the Soldier's contract was not initiated timely due to no fault of the Soldier.  Therefore, we recommend granting the Soldier relief and allowing a backdating of the HPLRP bonus to reflect the date of 5 June 2015 and providing any payments due him for fiscal year 15-16.  However, we recommend removal of the 2022 payment to prevent going over the $240,000 contract amount.  The NGB AMEDD Incentives Branch and Surgeon Office concurs with this recommendation.  The IAARNG concurs with this recommendation.

6.  On 6 May 2019, the applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a response and/or a rebuttal.  He did not respond.

7.  By regulation, Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes policies and procedures for administration of the Army National Guard and U.S. Army Reserve incentive programs. It states the loan repayment incentive provides for the repayment by the U.S. Government of a designated-portion of any outstanding loan(s).  The HPLRP is designed to repay designated loans secured by eligible commissioned officer of the Medical Corps and Army Nurse Corps assigned to the Selected Reserve.

	a.  Department of Defense Instruction (DODI) 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 HPLRP 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.
	b.  DODI 6000.13 page 41 (e): A loan made, insured, or guaranteed through a recognized financial or educational institution if that loan was used to finance education regarding a basic professional qualifying degree or graduate education in a health profession that the Secretary of Defense determines is critically needed to meet identified wartime combat medical skill shortages, as identified in the HPS & I (health professions special and incentive) pay plan.  Under 10 USC 16302, the program 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.

	c.  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.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board members agreed that the contract was not processed in a timely manner and at no fault of the applicant.  Board members agreed with the NGB to grant relief.


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 and Army National Guard records of the individual concerned be corrected by:

* showing he properly and timely signed an HPLRP contract on 5 June 2015
* showing his contract was timely received and processed by the appropriate office
* paying him all incentives due as a result of this correction in accordance with the terms of his contract
	 
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 Army Board for Correction of Military Records (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.  Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes policies and procedures for administration of the Army National Guard and U.S. Army Reserve incentive programs. It states the loan repayment incentive provides for the repayment by the U.S. Government of a designated-portion of any outstanding loan(s).  The HPLRP (Health Professional Loan Repayment Program) is designed to repay designated loans secured by eligible commissioned officer of the Medical Corps and Army Nurse Corps assigned to the Selected Reserve.

	a.  Department of Defense Instruction (DODI) 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.

	b.  DODI 6000.13 page 41 (e): A loan made, insured, or guaranteed through a recognized financial or educational institution if that loan was used to finance education regarding a basic professional qualifying degree or graduate education in a health profession that the Secretary of Defense determines is critically needed to meet identified wartime combat medical skill shortages, as identified in the HPS & I (health professions special and incentive) pay plan.  Under 10 USC 16302, the program 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.

	c.  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)	 AR20170015998[0]


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