HPSP Scholarship Program - backing out

[eppersbr]

Hi,

I joined the navy as a way to fund my medical school and then serve my country through active duty (4 years min). I have just graduated from medical school and should be assigned to active duty this Summer. However, I do not wish to fulfill my Navy service for 2 reasons:
1) I strongly disagree with War, as a physician.
2) Since enlisting in the Navy, I have given birth to a daughter. I cannot be separated from her for any length of time.

Is there any recourse for someone with these anti-war beliefs who signed on to an HPSP contract for Med school? My understanding, based on precedent and my own contract, is that once relieved of my HPSP obligation, I will most likely be required to repay the amount the Navy actually provided for my education: tuition, books, and fees.

Can someone please answer me the following:
1) Am I correct in my assertions above re: Navy HPSP obligation and war objections?
2) How should I go about finding an attorney who can help with this? Is there any way to find an attorney who has dealt with this situation before? Do I need to get an attorney to do this?

[fozzy2]

You could be in for a very rude shock. To begin with, you need to look at your AFHPSP service contract very carefully. According to NAVMEDTRACOM Instruction 1520 4-3(2):
"As stated in your AFHPSP service contract, there is no provision to "buyout" your contract." (emphasis in original). Now, normally getting out of a contract is no real big thing. But here is where there is potentially a *huge* difference. Are you already in the reserves? IIRC, you probably took an oath and are a 2nd Lt. in the IRR. You've taken pay/stipends, and you've probably done active training where you "subjected yourself to military authority." If this is so --- You are already in, the Navy has got you.

According to the boilerplate, voluntary resignations are "rarely accepted" (the military is falling *way* short on doctors). You are supposed to "contact the AFHPSP Program Director for guidance." You will eventually have to write a letter of resignation explaining your reasons and submit a package to NMETC. They will then make a recommendation and forward it to BUPERS for a final decision.

The big problem for you (I presume) is that you are *already* in the military, although the reserves may not seem like it. If you are a civilian who has never been inducted then you can tear up the contract and walk away -- albeit with a large debt to repay. But if you already legally belong to the Navy then there are a whole host of nasty things the Navy can do --- like order you to active duty. I really don't know how hard the military will fight in a "stare down" situation. The military doesn't really like having officers who really don't want to serve. But, if they are desperate for doctors...

So I would suggest you read all the contracts you've signed (probably for the first time). If you have been commissioned into the reserves (which is how it is typically done IIRC) and have taken an oath, accepted pay, etc. then you may really be stuck between the proverbial devil and the deep blue sea. You need to figure out how badly you want to avoid serving. Chickenhatchers, uh, I mean parents, have managed to survive, and as M*A*S*H demonstrated not all doctors are exactly hardcore flagwaiving dilletantes (though you'll run into them). Get in touch with your HPSP contact and let them know what you are thinking, see what their position is. Even if you are "legally" stuck, a lot of times the military will let you out of situation if they think holding you up to it would be bad for everyone.

[IrishLady47]

The Navy doesn't want your money, they want your service. That is the entire reason for the program in the first place.

Take Fozzy2 advice about contacting the HPSP program manager. A civilian attorney is not going to be able to help you get out of this contract.

If you signed the contract to fund medical school in the first place-how is it that you now have the money to pay it all back AND hire an attorney?

Good luck, you're going to need it.

[John1865]

What does contract mean to you??? Doesn't duty, honor and country mean anything to you? I can't believe you're going to try and back out of a contract with your country. So all you wanted was taxpayers (My) money for school. You should be ashamed!!!

Why should you care about the current administrations policy in Iraq? They will be out in less than 2-years. But, don't think there will be peace. And, it doesn't matter what party is in office; we will have wars. Look at our history...how long is the peace between wars? Not long! Don’t forget what Albert Einstein once said, “As long as there are men, there will be wars.” If Einstein’s premise is correct, then isn’t it wise that we fight the wars over there???

Sacrifice and finish you obligation. Anything less is not honorable!

[fozzy2]

Originally Posted by John1865

What does contract mean to you??? Doesn't duty, honor and country mean anything to you? I can't believe you're going to try and back out of a contract with your country. So all you wanted was taxpayers (My) money for school. You should be ashamed!!!
!

I'll have to disagree here. Honor has little to do with the law (and arguably little to do with anything else). Contracts are breached all the time, and frequently by the government. Breaching a contract is not a punitive/criminal matter. The problem the original poster has isn't their contract -- rather it is their status. If they've been inducted they legally have to follow orders. On the other hand, if they've simply signed a contract as a civilian they can pretty much breach it at will provided they are willing to provide damages (i.e. repayment). There has never been a case, AFAIK, of the courts ordering specific performance for an enlistment/etc. contract (and for good reason).

[cyberspook]

Originally Posted by fozzy2

I'll have to disagree here. Honor has little to do with the law (and arguably little to do with anything else). Contracts are breached all the time, and frequently by the government. Breaching a contract is not a punitive/criminal matter. The problem the original poster has isn't their contract -- rather it is their status. If they've been inducted they legally have to follow orders. On the other hand, if they've simply signed a contract as a civilian they can pretty much breach it at will provided they are willing to provide damages (i.e. repayment). There has never been a case, AFAIK, of the courts ordering specific performance for an enlistment/etc. contract (and for good reason).

AFAIK???

[IrishLady47]

AFAIK - As far as I know

Although the OP has not responded to Fozzy2 questions, I will almost guarantee OP is already a member of the Navy. She? (assumption based on the "giving birth" phrase) states that she has finished medical school and is just awaiting her active duty orders.

If this is the case, there is little chance that the Navy will approve a voluntary resignation based on what was posted. A large % of the military disagree w/the war in Iraq--not a reason for separation if an active duty service oblgation has been incurred. Parenthood (in this case) is also not a basis for voluntary resignation. Parenthood is sometimes a factor in involuntary separation.

OP - you really need to work with the program assignment manager on this to see what is possible. And if you do choose not to comply with your active duty orders, you need to find out what else you will be facing in addition to repaying the money--i.e. what kind of separation will you face?

p.s. if you are allowed get out of contract & repay the funds--keep this in mind--it is a debt to the government--they will get their money. It is not dischargeable in bankruptcy, your wages can be garnished, tax refunds intercepted, etc. And, you will be paying interest until the debt is paid in full.

[moburkes]

I don't know about the laws in this situation, but OP knew, before she got pregnant, about the birds and the bees. Apparently, she thinks that she is the first woman to give birth, who no longer wants to uphold her end of the contract. Is this why men think that women don't belong in the military?

[cyberspook]

Originally Posted by moburkes

I don't know about the laws in this situation, but OP knew, before she got pregnant, about the birds and the bees. Apparently, she thinks that she is the first woman to give birth, who no longer wants to uphold her end of the contract. Is this why men think that women don't belong in the military?

And the legal opinion is?

[badapple40]

I've litigated these cases.

My advice is writing the command, and telling them you are homosexual. Be prepared to prove it. If you aren't willing to prove it, better plan on reporting.

In other words, short of the policy on homosexuality, there is no way for you to get out of these contracts.

I've taken cases to court trying to get doctors out of contracts for residency programs, where the military didn't pay for the education. And that didn't work.

You can bet your bottom dollar that, absent the homosexual option (which will be investigated, so, like I said, better be prepared to prove it), you are stuck.

[eppersbr]

All of your time and responses have been helpful. Thanks...

[geoffc2]

You didn't mention your current marital status but if, you happened to be single, then you would have to have a family care plan before any deployment would happen. Not that you would be discharged but sometimes it pays to act like you wouldn't mind staying but have just been unable to find anyone capable or wiling to care for your child. You might be able to complete a CONUS Reserve contract and pull the congressional miracle I keep hearing of supporting the troops with quality medical care while not supporting the current policy.