ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20180014808 APPLICANT REQUESTS: reconsideration for benefit entitlements associated with the healthcare Loan Repayment Program (HLRP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 2475 (DOD Educational Loan Repayment Program (LRP) Annual Application) FACTS: 1. The applicant states that he was denied healthcare Loan Repayment Program benefits from the United States Army Human Resources Command (HRC) on the premise that his application was provided outside of the submission window. He further stated that when he contracted with the Army Reserve in 2015, as a Nurse Corp Officer, he was informed by his Healthcare Recruiter that utilization of his HLRP could not occur until after he completed his payback period under the Specialized Training Assistant Program (STRAP) which would not occur until 2016; 6 years after his program completion. The applicant contests that he was misled by the Healthcare Recruiter as to when he was eligible for benefits associated with the HLRP. 2. The applicant provides an unsigned DD Form 2475 dated 30 March 2016 reflecting an original loan repayment amount of $87,518.00. 3. A review of the applicant’s available service records shows the following on: * 30 June 2005 (Order #C-08-518142) – he was commissioned and assigned as a Nurse (66H) in the United States Army Reserve (USAR) at the rank of Second Lieutenant * 8 December 2015 (Order #16-059-00009) – he was released from the USAR and further assigned to the Kentucky Army National Guard 4. A review of the signed DA Form 5536-R (Agreement, Health Professional Loan Repayment (HLRP)) Section V (Termination) states that the applicant understands that his eligibility will continue unless terminated because he: * becomes an unsatisfactory participant * is separated from the Selective Reserve * enters the Inactive National Guard or Ready Reserve * transfers to a medical/nursing specialty not designated as a critical specialty * is not currently licensed or certified in the critical medical/nursing specialty designated in the agreement * is not currently licensed or certified in the critical medical/nursing specialty in which currently performing 5. By signing the amendment to the DA Form 5536, the applicant further acknowledged that he understood that when participating in the STRAP, he must participate satisfactorily in a selected Reserve status for eligibility to receive the HLRP incentive. He also understood that he must extend his STRAP obligation when continuing to receive the HLRP incentive after completion of his specialized training or he may terminate his HLRP agreement and begin serving his STRAP obligation. Lastly, he acknowledged that while participating in both programs, he understood that time served in the Selected Reserve for receipt of the HLRP incentive did not count toward his STRAP obligation. 6. Reflective on his DA Form 5016 (Chronological Statement of Retirement Points), from 15 May 2010 to 14 May 2011, he failed to receive the minimum 50 points required for that year to be credited as a good year towards retirement. All of his other years commissioned are considered to be good years based on meeting the minimum required points. 7. Army Regulation (AR) 135-7 (Incentive Programs) Chapter 7 states that HLRP eligibility will be terminated if the Officer: * becomes an unsatisfactory participant under AR 135-91 * is separated from the Selected Reserve for any reason including voluntary entry on active duty in the Active Army and placement on the active duty list * transfers to a medical/nursing specialty not designated as a critical specialty * is not currently licensed or certified in the critical medical/nursing specialty designated in the agreement * accepts a permanent civilian position while membership in the Selected Reserve is a condition of employment 8. Chapter 11 (New Specialized Training Assistance Program for Medical Corps and Army Nurse Corps Officer (STRAP)) of the above cited reference states that in order to maintain eligibility and continue to receive financial assistance the Officer must advise the STRAP manager, through the appropriate Army Reserve National Guard or United States Army Reserve Command, of any changes in status that may affect eligibility to continue to receive the stipend. This includes: * training program status * academic standing * health * personal information such as marital status, address, and telephone number 9. Participants are responsible for semiannual verification of program enrollment. On 1 July and 1 January of each year, participants must submit a verification of program participation letter to the dean of the academic institution or training program director at the end of each academic semester. The academic institution must forward the verification directly to the STRAP manager. Verification of attendance at the educational institution needs only to be made twice a year for institutions that conduct more than two semesters. BOARD DISCUSSION: 1. The Board considered the applicant’s request for Health Professionals Loan Repayment (HPLR) incentive with all supporting documents, evidence in the service record and applicable policies and guidance. The applicant states his recruiter misinformed him that he was not able to utilize the HPLR incentive until he completed his service obligation (aka payback period) under the Specialized Training Assistant Program (STRAP) in 2016. 2. The DA Form 5536-R (Agreement, HPLR) which the applicant signed in 2005, states under Section III Repayments, that it is the applicant’s responsibility to notify his unit of loans he has secured, will furnish his unit copies of each promissory note sixty days prior to his anniversary date, he will coordinate with his unit to process the necessary documentation to confirm loan repayment status and initiate repayment procedures. The applicant’s anniversary date as stated on his loan documentation is 22 August 2010. The applicant did not apply for the HPLR incentive until 2016, 6 years after his anniversary date. 3. The applicant was also provided Amendment to DA Form 5536-R which states as a participant in the Specialized Training Assistant Program (STRAP), he must participate satisfactorily in a Selected Reserve status for eligibility to receive the HPLR incentive, and he also understands he must extend his STRAP obligation when continuing to receive the HPLR incentive after completion of his specialized training. In addition when participating in both programs, he understands that the time served in the Selected Reserve for receipt of the HPLR incentive does not count toward his STRAP obligation. This further reiterates that the applicant could receive HPLR incentive concurrently while fulfilling and extending his STRAP service obligation. There is no mention of the requirement to complete STRAP service obligation prior to utilizing and receiving HPLR incentive. 4. The Board is compelled to concur with the US Army Human Resources Command in that the applicant initiated his HPLR loan repayment claim outside his eligibility window, and therefore the Board finds that the applicant has not demonstrated by a preponderance of evidence that an error or injustice has occurred in his case. 5. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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): Not Applicable 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 (AR) 135-7 (Incentive Programs) Chapter 7 states that HLRP Program eligibility will be terminated if the Officer: * becomes an unsatisfactory participant under AR 135-91 * is separated from the Selected Reserve for any reason including voluntary entry on active duty in the Active Army and placement on the active duty list * transfers to a medical/nursing specialty not designated as a critical specialty * is not currently licensed or certified in the critical medical/nursing specialty designated in the agreement * accepts a permanent civilian position while membership in the Selected Reserve is a condition of employment 3. Chapter 11 (New Specialized Training Assistance Program for Medical Corps and Army Nurse Corps Officer (STRAP)) of the above cited reference states that in order to maintain eligibility and continue to receive financial assistance the Officer must advise the STRAP manager, through the appropriate Army Reserve National Guard or United States Army Reserve Command, of any changes in status that may affect eligibility to continue to receive the stipend. This includes: * training program status * academic standing * health * personal information such as marital status, address, and telephone number 4. Participants are responsible for semiannual verification of program enrollment. On 1 July and 1 January of each year, participants must submit a verification of program participation letter to the dean of the academic institution or training program director at the end of each academic semester. The academic institution must forward the verification directly to the STRAP manager. Verification of attendance at the educational institution needs only to be made twice a year for institutions that conduct more than two semesters. ABCMR Record of Proceedings (cont) AR20180014808 5 1