IN THE CASE OF:	 

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20150007206 


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) for the period 20 August 2014 through 5 March 2015.

2.  The applicant states that during his initial service obligation which ended on 19 August 2014, he was receiving $2,500.00 of HPOIP per year and he signed a new pay incentive contract for $5,000.00 per year but has not received it.

3.  The applicant provides a copy of his initial HPOIP agreement.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a Regular Army captain in the Veterinary Corps on 19 August 2011 and entered into a HPOIP agreement for payment of $2,500.00 per year.    

2.  In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) Special Pay Branch which stated there are no records of HPOIP contracts for the period 20140820 - 20150305, a period in which he was eligible to receive $5,000.00 per year payable at $416.66 per month.  However, he was eligible to receive the $5,000.00 per year on 20 August 2014 and has been receiving it since 6 March 2015.  The advisory opinion was provided to the applicant for comment, and to date no response has been received by the staff of the Board. 

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding that it is the officer’s responsibility to initiate action to receive an approved HOPIP contract, the applicant did perform the duties of a veterinary officer during the period 20140820 – 20150305 and he was eligible to receive the pay.  Additionally, the advisory opinion from OTSG states he was eligible to receive $5,000.00 per year payable at $416.66 per month for the period 20140820 – 20150305.

3.  Therefore, as a matter of equity, the applicant’s record should be corrected to show he submitted his contract to OTSG for HPOIP for the period 20140820 – 20150305 in a timely manner.  Accordingly, OTSG should accept and authorize retroactive payments of HPOIP for the period 20140820 – 20150305.

BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  showing he timely submitted his application for HPOIP for the period 20140820 – 20150305,

	b.  showing the appropriate office timely received and processed his application for HPOIP for the period 20140820 – 20150305, and







	c.  paying him HPOIP at the rate of $5,000.00 per year for the period 20140820 – 20150305 as a result of these corrections.



      _______ _   _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)                                         AR20150007206





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ABCMR Record of Proceedings (cont)                                         AR20150007206



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