IN THE CASE OF: BOARD DATE: 27 July 2020 DOCKET NUMBER: AR20180007022 APPLICANT REQUESTS: Correction of his record to show: * his Health Professional Loan Repayment Program (HPLRP) contract was backdated to 1 July 2016 * a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence * Email correspondence Mississippi Army National Guard (MSARNG) Special Branch recruiting * HPLRP statement of understanding, dated 7 September 2016 * Guard Incentive Management System (GIMS) transaction report * Memorandum, Subject: Support for Records Correction for the applicant, dated 10 May 2018 * American Board of Emergency Medicine certification, dated 30 June 2018 FACTS: 1. The applicant states the record correction will allow HPLRP payments in July 2017 and July 2018. It has been his intention that his HPLRP termination date and his emergency medicine residency completion date would simultaneously end on the same day. In accordance with Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements), chapter 8, section 3c., a medical resident is eligible to participate in the HPLRP after completing 2 years of their residency program. He satisfied this criterion on 1 July 2016. His Army Medical Department (AMEDD) recruiter initiated the HPLRP contract on 7 September 2016 despite multiple attempts to start sooner. Supporting documentation was not provided to the incentive manager at the National Guard Bureau (NGB) until over a year later. The delay of action by his AMEDD recruiter resulted in a contract start date of April 2017, nine months after he was authorized by Army regulations to enter into the contract. 2. A review of the applicant's official records shows the following: a. On 20 October 2015, the applicant was appointed as a Reserve commissioned officer in the MSARNG and executed an oath of office. b. The applicant's records are void of a HPLRP contract. Likewise, it is void of any derogatory information. c. The applicant remains in the ARNG. 3. The applicant provides: a. Email correspondence, dated 15 May 2016, with Staff Sergeant (SSG) H- wherein the applicant requests the documents he needs to sign to be forwarded to him, and he inquires about when he can take the HPLRP. On 2 August 2016, he asks when he needs to start the paperwork for the HPLRP. On 20 August 2016, he inquires again about the HPLRP. On 28 August 2016, he inquires again about the HPLRP due to finishing his 3rd year of residency. On 13 January 2017, he again inquires about the HPRLP due to the completion of his 3rd year of residency that June. On 18 April 2017, SSG H- forwarded the documents pertaining to the HPLRP to the applicant. b. Email MSARNG Special Branch recruiting wherein a MSARNG official stated, the applicant is an emergency room resident that was finishing his program this Summer. He signed up for HPLRP as an incentive. The issue is that he has two dates in GIMS. There is one form signed in September 2016; however, contract paperwork is all signed on April 2017. There is also a change in GIMS that shows contract issue date changed from September 2016 to April 2017. The applicant states his intent was to sign a HPLRP contract back in July 2016-time frame, which the document dated September 2016 supports this position. What we do not know-- and have not been able to re-trace steps in old emails--is why the large gap between the two dates exist. He [author] spoke with Mr. L- (AMEDD Incentives Manager at NGB) who recommended that the applicant submit a claim through the Board. The applicant spoke with the Assistant Inspector General (AIG) about possible remedies and the AIG advised him to submit an exception to policy to the NGB, G-1 to help rectify the loan repayment date. c. HPLRP statement of understanding wherein the applicant understood the maximum aggregate amount of repayments had been increased to $40,000.00 per year, with a maximum amount of $240,000.00 for remaining loans, whichever was less. He would like to increase his HPLRP incentive payment to the new authorized annual program amount for his specialty. d. GIMS transaction report showing a contract request date of 7 September 2016 by SSG H- and it was approved on that date. It further shows the contract start and signature date was updated from 7 September 2016 to 17 April 2017. e. Memorandum, Subject: Support for Records Correction for the applicant wherein the Commander of the Mississippi ARNG Recruiting and retention Battalion states: (1) He supports a record correction action for the applicant. He met with the applicant and the current AMEDD recruiter, on 21 March 2018 in order to review the applicant's current HPLRP incentive contract. He reviewed all supporting documents provided and agree that he had exhausted all appropriate measures to correct the erroneous record. (2) The current HPLRP incentive contract, control number H160900001 MS, should be corrected to show a start date of 1 July 2016 as authorized by AR 621-202, chapter 8, section 3c. He acknowledges this was a recruiting error. He concurs with the applicant's request for a record correction. f. American Board of Emergency Medicine certification showing the applicant entered his 3rd year of residency on 1 June 2016 and completed his 4th year on 30 June 2018. 4. See applicable references below. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board noted the available records clearly show there was a significant delay in approving the applicant's HPLRP contract, which could have been approved as soon as the applicant completed 2 years of residency. The Board determined that, as a matter of equity, the record should be corrected to show his HPLRP contract was approved on 1 July 2016, and any payments that should have been made based on that approval date should now be made. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 his Health Professional Loan Repayment Program contract was approved on 1 July 2016 and making any additional payments authorized based on that approval date. 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. AR 621-202 (Army Educational Incentives and Entitlements), chapter 8 (Selected Reserve HPLRP) states this chapter provides policy and guidance for the administration of the HPLRP. Under Title 10, United States Code (USC), section 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. a. Paragraph 8-3 states, repayment of loans is made on the basis of each year of satisfactory service performed by a health professional as a qualified commissioned officer in the Selected Reserve. For each year of satisfactory service as a Selected Reserve member, the Government will repay designated loans for an officer that: * is participating satisfactorily as a Selected Reserve member * initiates DA Form 5536 (Agreement HPLRP) * has completed 2 years of residency b. Paragraph 8-4 states, to apply for participation in the HPLRP, the eligible officer must have qualifying loans at the time of signing the DA Form 5536. Selected Reserve unit members will process through their AMEDD recruiter. The anniversary date for repayment of the loan is based on the date the officer completes the agreement. Each year of satisfactory Selected Reserve service performed under the terms of the agreement will qualify the Service member for repayment of eligible loans. 2. 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. 3. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007022 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1