BOARD DATE: 13 November 2014 DOCKET NUMBER: AR20140008933 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, retroactive payment of Health Professions Officer Incentive Pay (HPOIP) effective 12 June 2013, the date of her entry on active duty. 2. The applicant states her special pay contract was not done when she came on active duty. 3. The applicant provides her veterinary medical license. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 1 May 2010. She also executed an Armed Forces Health Professions Scholarship Program Agreement on that date. 2. Following her appointment, she was assigned to the U.S. Army Reserve Control Group (Officer Active Duty Obligor). 3. She attended and successfully completed the Army Medical Department (AMEDD) Officer Basic Leader Course (BOLC) from 12 June to 24 July 2012. 4. She was awarded a Doctor of Veterinary Medicine on 19 May 2013. 5. She was issued a Veterinary Medical License by the Ohio Veterinary Medical Licensing Board valid from 12 June 2013 to 1 March 2014. 6. She was ordered to active duty on 17 June 2013 in the rank of captain (CPT) to fulfill active duty requirements on a voluntary indefinite basis. 7. She was appointed as a Regular Army commissioned officer in the rank of CPT and executed an oath of office on 17 June 2013. 8. She attended and successfully completed the Health Professions Scholarship Program Reserve Component Veterinary Corps BOLC from 18 June to 23 July 2013. She was subsequently assigned to Corpus Christi, TX. 9. On 30 June 2014, an advisory opinion was received from Office of The Surgeon General (OTSG) in the processing of this case. The advisory official stated: a. The applicant is requesting retroactive payment of an HPOIP contract at $2,500/year effective 12 June 2013, the date of her entry on active duty. The applicant indicated the contract was never initiated. b. General eligibility for the HPOIP contract requires an officer to have a full unrestricted license and be a graduate of the BOLC. A review of special pay and finance records indicates that officer met the general eligible criteria for the HPOIP on 24 July 2013. She has been receiving HPOIP at $2,500/year, payable $208.33/month, since 16 April 2014. c. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action. d. Although she never executed an HPOIP contract, she did meet the eligibility criteria for the HPOIP contract at $2,500/year, payable at $208.33 per month, on 24 July 2013. Failure to complete the contract by execution of signature within policy timeframe would deny payment on the effective date; however, there appears to have been confusion with the contract eligible criteria, which is of no fault of hers. She is eligible for the HPOIP at $2,500/year, payable at $208.33 per month, retroactive to 24 July 2013 and payable through current start date of 16 April 2014 under finance Format ID 09- Save Pay. e. Since she is receiving HPOIP, she is no longer entitled to Veterinary Duty Pay at $100/month (FID 28- VDP) and it must be terminated as of 23 July 2013, with collection from 24 July 2013 to date. 8. The applicant was provided a copy of this advisory opinion but she did not respond. DISCUSSION AND CONCLUSIONS: 1. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the effective date must be reestablished as the date of signature. 2. A review of the applicant's pay records indicates that she was eligible for HPOIP effective 24 July 2013, the day she completed BOLC; however, she never executed an HPOIP contract. This was possibly due to improper counseling and/or lack of personnel support at her unit. Her records should be corrected to show she submitted a contract in July 2013 for the HPOIP. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ __X______ _X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant timely executed an HPOIP contract at $2,500/year, payable at $208.33/month commencing on 24 July 2013 * showing her contract was timely received and processed by the appropriate office * terminating her Veterinary Duty Pay at $100/month effective 23 July 2013 * paying her any back HPOIP, beginning on 24 July 2013 less her Veterinary Duty Pay at $100/month as a result of this correction 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to payment of Health Professions Officer Incentive Pay effective 12 June 2013. _______ _ X _______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20140008933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140008933 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1