RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 October 2004
DOCKET NUMBER: AR2004103183
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. James C. Hise | |Chairperson |
| |Mr. Bernard P. Ingold | |Member |
| |Ms. Yolanda Maldonado | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be paid Veterinary Corps proficiency pay
(i.e., Veterinary Duty Pay (VDP)) retroactive to 13 April 1988.
2. The applicant states that he came on active duty with the Army National
Guard (ARNG) in an Active Guard Reserve (AGR) status on 13 April 1988. He
was told that he did not qualify for VDP. In November 2003, the Chief,
Veterinary Corps informed him that he was eligible for VDP.
3. The applicant provides a letter from the Mississippi Board of
Veterinary Medicine dated 7 January 2004 and an ARNG Retirement Points
History Statement.
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records are not available to the Board. This
case is being considered using reconstructed records, which primarily
consist of the documents provided by the applicant and an advisory opinion.
2. After having had prior service, the applicant entered the ARNG on 23
July 1980, apparently in the Veterinary Corps. This document indicates he
entered active duty in an AGR status on 15 April 1988.
3. In the processing of this case, an advisory opinion was obtained from
the Army Medical Department Special Pay Branch. That office noted that VDP
was not authorized for Reserve Component officers prior to 5 December 1991.
It was first authorized to AGR and mobilized health profession officers
with Public Law 102-190, effective 5 December 1991. A review of the
applicant's military pay account indicated he received VDP as of 1 March
2003 in a mobilized status at the rate of $1,200 per year. There was no
visible record of VDP payments prior to that date. That office recommended
he receive VDP in arrears for the period 5 December 1991 through 28
February 2003 at the rate of $1,200 per year, prorated for the period
served.
4. A copy of the advisory opinion was provided to the applicant for
comment or rebuttal. On 12 March 2004, he concurred with the
recommendation of the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant entered active duty, in the Veterinary
Corps, in an AGR status in April 1988. At that time, Reserve Component
officers were not authorized VDP. The law was changed and, effective 5
December 1991, AGR and mobilized health profession officers were authorized
VDP. It appears the applicant was not aware of this change until recently.
His VDP was started effective 1 March 2003.
2. The applicant should not be penalized for his ignorance of the change
in the law. In accordance with the advisory opinion, it would be equitable
to correct his records to show that he submitted the appropriate
documentation to the Army Medical Department Special Pay Branch on 5
December 1991 requesting VDP, that his request was approved, and that he be
paid all back due VDP prorated for the period served.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__jch___ __bpi___ __ym____ 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:
a. showing that he submitted the appropriate documentation to the
Army Medical Department Special Pay Branch on 5 December 1991 requesting
VDP and that his request was approved; and
b. paying to him all back due VDP retroactive to 5 December 1991.
2. The Board further determined that 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 paying him VDP
retroactive to April 1988 be denied.
__James C. Hise_______
CHAIRPERSON
INDEX
|CASE ID |AR2004103183 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041019 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |128.14 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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