IN THE CASE OF: BOARD DATE: 30 November 2022 DOCKET NUMBER: AR20220003832 APPLICANT REQUESTS: in effect, cancellation of a debt incurred as a result of her not completing the obligated military service of her participation in the New Specialized Training Assistance Program (STRAP) in April 1995. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * Letter to the Defense Finance and Accounting Service FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 back in 1995, she applied for government student aid, and she was told that she would be commissioned as a lieutenant in the medical division of the U.S. Army Reserves near Little Rock, AR. She attempted to follow through with her obligation; however, no one in charge could find any record of any commission or orders. She is requesting that all alleged principals pay and any added interest and/or fees be deducted expunged from any amount the Army says she owes. 3. In a statement, she states she applied and was accepted for a student loan in early 1995 and was told that she would be commissioned as a 1st Lieutenant until graduating from college with a BSN (Bachelor of Science in Nursing). Her medical personnel recruiter was out of Oklahoma City, OK. She did not have such a recruiter in Little Rock, AR. She acknowledges the loan she was given, but dispute the interest and fees charged for "extended leave" from the reserves. She was never commissioned and did not receive any orders from anyone. She called Camp Robinson in North Rock, AR, and they had no record of service, and neither did the regional offices in St. Louis, MO. She has never been in the military and “challenge you to provide any evidence otherwise, in the interest of justice to me in this situation.” She also asks that “you cease and desist taking out $244.35 per month out of my social security check.” 3. Review of the applicant’s service records shows: a. On 11 August 1994, by memorandum through the U.S. Army Recruiting Command, Fort Knox, KY, to Headquarters, Department of the Army, Subject: Application for Appointment in the Army Nurse Corps, USAR, Individual Ready Reserve (IRR), an Army Nurse Counselor submitted the applicant’s application for appointment in the Army Nurse Corps, USAR, IRR, and if selected, applicant desired to be assigned to the Individual Ready Reserve, St. Louis, MO. b. On 9 November 1994, the applicant submitted a DA Form 61 (Application for Appointment) requesting appointment as a commissioned officer of the U.S. Army Reserve. A Record of Award of Entry Grade Credit (Health Services Officer) was completed, awarding her 3 years of service credit for prior experience, and qualifying her for entry as a first lieutenant. c. On 30 January 1995, the U.S. Total Army Personnel Command, St. Louis, MO published a Memorandum through the Nurse Counselor to the applicant, appointing her as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 591 and 593, in the grade of first lieutenant (1LT), effective 15 February 1995. d. On 15 February 1995, the applicant executed an oath of office as a commissioned officer in the U.S. Army Reserve. e. Also on 15 February 1995, the applicant signed a New Specialized Assistance Program (New STRAP) Service Agreement. In connection with her selection to participate in the New STRAP, she acknowledged: (1) Upon acceptance into the New STRAP, she will accept an appointment as a Reserve of the Army officer, if tendered, with assignment to the Medical Corps or Army Nurse Corps in a grade determined appropriate by the U.S. Army, for service in the Ready Reserve (either ARNG or USAR). (2) She will be able to fulfill the Ready Reserve obligation she will incur by her participation in the New STRAP prior to her mandatory removal from active duty based on age or length of service. (3) As a participant in the New STRAP receiving financial assistance during her specialized training program she agrees to comply with and meet all academic, medical, administrative, and other standards and requirements outlined in her specialized training program and applicable regulations, directives and instructions issued by the U.S. Army. (4) Payment of the stipend commences on the date that all the following conditions are met: She is appointed a commissioned officer designated or assigned for service in the Medical Corps or Army Nurse Corps as appropriate to the training in which she is participating; she is assigned to the Ready Reserve, or this service agreement is completed, and appropriate signatures are affixed. (5) After completion of the specified training, if she is voluntarily or involuntarily ordered to active duty (including service in an Active Guard Reserve (AGR) status), such service will satisfy her Ready Reserve obligation under this agreement, as follows: One whole year of service on active duty will satisfy the incurred obligation for each year, or each fraction of a year, for which she received financial assistance under the New STRAP. Service on active duty for periods of less than a whole year will not receive 1-for-1 credit, but will be credited as though it was service not on AD. (6) Termination would be affected if she failed to successfully complete the specialized training program specified above, if she is released from the training program, or if she voluntarily stops training. (7) Recoupment: She understood that she may be required, at the option of the Secretary of the Army, to reimburse the Government for the total amount of stipend paid to her, including any applicable accrued interest at the current interest rate, if she is terminated from New STRAP under section VI above. She specifically acknowledged that any reimbursement made to the Government by her or on her behalf will not reduce or eliminate her obligation under this agreement to serve in the Ready Reserve for the period specified in section IV, paragraph 5a or b (as applicable) above. She also understood that the Government may lawfully recoup any amounts erroneously paid to her. She further agreed that following completion of the specified training, if she failed fail to satisfactorily complete the period of obligated service described in section IV above, she may be ordered to reimburse the Government for the total amount of the stipend paid to her including accrued interest, in accordance with applicable laws, regulations, and directives. f. On 30 March 1995, the U.S. Total Army Personnel Command published her appointment orders and assigned her to the U.S. Army Reserve Control Group (Reinforcement) effective 15 February 1995. g. On 31 December 1997, Headquarters, 90th Regional Readiness Command, N. Little Rock, AR published Order 365-303 reassigning the applicant from her unit of assignment (810th Medical Hospital, N. Little Rock) to U.S. Army Reserve Control group (Reinforcement) by reason of “IRR- - No Show.” h. On 25 July 2000, the U.S. Total Army Personnel Command, informed her that she was considered for promotion by a Department of the Army Reserve Components Selection Board that convened on 10 January 2000; however, she not among those selected for promotion by the board. As a result of this second non-selection, she must be discharged in accordance with Title 10, U.S.C., section 14513 or Army Regulation 140-10, your established removal date is 1 January 2001, unless she was eligible for and request transfer to the Retired Reserve. i. On 9 January 2001, the U.S. Army Reserve Command, St. Louis published Orders honorably discharging the applicant from the U.S. Army Reserve effective 2 February 2001, as a two-time no-select for promotion. 4. The applicant wrote to the Defense Finance and Accounting Service (DFAS) stating that she did not agree that she owes the debt that is being taken out of her social security check at $244.35 per month. In addition, she did not receive a letter from DFAS explaining the type of debt owed, the rights available to her, and the agency's intention to collect this alleged debt by applying eligible federal payments. 5. The U.S. Department of Treasury advised the applicant by letter on 1 April 2022 that the U.S. Department of the Treasury, Bureau of the Fiscal Service (Fiscal Service), applied all or part of her payment to delinquent debt that she owes. This action is authorized by federal law. Her payment information from her Social Security Administration is $257.04, applied to this debt (original payment amount $1,713.60). 6. On 22 June 2022, Headquarters, U.S. Army Reserve Command rendered an advisory opinion in the processing of this case. An advisory official stated: a. On 15 February 1995, [Applicant] commissioned into the United States Army Reserve and elected to participate in the New Specialized Training Assistance Program (STRAP). A review of records indicates that [Applicant] stipend period under the New STRAP began on 11 April 1995 and ended on 31 May 1998. As a result, she incurred an obligation to serve in the Ready or Selected Reserve until 31 May 2006. Section VIII, Recoupment, of the New STRAP Service Agreement (DA Form 5685-R, MAR 90) outlines the criteria for recoupment when a participant fails to complete the period of obligated service satisfactorily. The contract further states that there may be a requirement to reimburse the Government for the stipend amount paid, including accrued interest, per applicable laws, regulations, and directives. b. The U.S. Army Reserve Command (USARC) G-1 does not recommend granting relief for the removal of the existing debt. 7. The applicant was provided with a copy of this advisory opinion to give her an opportunity to provide a rebuttal. She did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and USARC G-1 Director Resource Management advisory opinion, the Board concurred with the advising official finding the applicant failed to complete the period of obligated service satisfactorily. The Board noted the applicant indicated she understood that she may be required, at the option of the Secretary of the Army, to reimburse the Government for the total amount of stipend paid to her, including any applicable accrued interest at the current interest rate, if she is terminated from New STRAP under section VI above. The Board determined evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board denied relief. 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. REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 621-202, Army Educational Incentives and Entitlements, establishes a reference for educational incentives and entitlements authorized by public law. It provides Regular Army, Army National Guard, and Army Reserve-unique policies, responsibilities, and procedures governing these educational benefits for Soldiers and former Soldiers of the Active and Reserve Components. STRAP or Specialized Training Assistance Program, participants receive a monthly stipend in exchange for years of Army Reserve drilling service. Eligible participants must sign DA Form 5685 which explains the obligation and training requirements incurred by participation in the New STRAP and to ensure that agreement to these conditions is a matter of record. Confirmation of obligation and training requirements incurred by participation in the New STRAP; occasionally used as a basis of suspension, termination, and recoupment if the conditions and requirements are not met. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003832 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1