IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090013937
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 that his Health Professionals Pay Entry Date (HPPED) be adjusted to show 19 July 2002.
2. The applicant states, in effect, that his special pay coordinator informed him that his HPPED was entered incorrectly in the medical pay database. The date entered was 19 July 2003 when it should read 19 July 2002. The applicant further states the error has affected his variable specialty pay (VSP) under medical specialty payments. The applicant states that his file in the medical pay database should be corrected so that his VSP correctly reflects his HPPED time with back pay.
3. The applicant provides a degree showing that he graduated with a Doctor of Osteopathic Medicine degree on 22 May 2002, a certificate showing that he served as a osteopathic intern from 23 June 2002 to 24 June 2003, a certificate showing that he attended his residency in emergency medicine from 1 July 2003 to 30 June 2006, and an Office of the Surgeon General (OTSG) letter, dated 6 May 2002.
CONSIDERATION OF EVIDENCE:
1. The applicant successfully completed his internship in osteopathy during the period 23 June 2002 to 24 June 2003. He successfully completed his residency in emergency medicine during the period 1 July 2003 to 30 June 2006.
2. A request for orders (RFO) from the Medical Corps Branch, U.S. Army Human Resources Command (HRC), St. Louis, career manager shows that active duty orders were requested for the applicant. The RFO instructions stated, "Officer has 04 years - 00 months - 00 days HPPED creditable service upon entry on active duty."
3. HRC-St. Louis Orders A-05-612630, dated 24 May 2006, show the applicant was issued orders placing him on active duty. However, his active duty orders did not list a specific number of years of HPPED creditable service.
4. The applicant's DA Form 4037 (Officer Record Brief) shows his Basic Active Service Date as 19 July 2006.
5. The applicant was promoted to the rank and grade of captain (CPT) effective 19 July 2006 and the rank of major (MAJ) effective 19 July 2008.
6. In the processing of this case, an advisory opinion was obtained from the OTSG. The OTSG recommended the applicant be awarded 4 years of HPPED credit for completing his internship and residency. The OTSG further stated that the applicant's HPPED date should be adjusted to his active duty date and that any pay and allowances should be paid retroactively in support of the adjusted date. (The HPPED is used to determine eligible service for medical special pays only.)
7. A copy of the advisory opinion was provided to the applicant for comment on 8 October 2009. He did not reply to the advisory opinion within the required time.
8. A staff member of the Army Board for Correction of Military Records contacted the applicant's career manager by electronic mail on 20 January 2010.
The career manager stated that the HPPED is usually placed on the orders. The career manager verified that the applicant completed his internship and residency. The career manager stated that the Defense Finance and Accounting Service (DFAS) only authorized the applicant 3 years of HPPED effective 19 July 2003 and it appeared the applicant was not granted 1 year of HPPED for his initial residency.
9. Title 37, U.S. Code, section 302(g), states that for purposes of this section, creditable service for an officer is computed by adding (1) all periods which the officer spent in medical internship or residency training during which the officer was not on active duty and (2) all periods of active service in the Medical Corps of the Army or Navy, as an officer of the Air Force designated as a medical officer, or as a medical officer of the Public Health Service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records show that DFAS authorized him 3 years of HPPED effective 19 July 2003. However, memoranda from the OTSG and HRC verify the applicant successfully completed his internship and residency and that he was entitled to 4 years of HPPED creditable service with an effective date of 19 July 2002 for variable pay purposes. Therefore, the applicant's records should be corrected to show 4 years of HPPED creditable service effective 19 July 2002 with all back pay and allowances.
2. DFAS should audit the applicant's records. If the audit confirms that he is entitled to back pay for HPPED, he should be paid any and all back pay retroactively.
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. adjusting his HPPED to 4 years effective 19 July 2002;
b. auditing his records at DFAS; and
c. if his records confirm after 19 July 2006 he was paid 3 years of HPPED instead of 4 years of HPPED, pay him retroactively any and all pay he is entitled.
_______ _ 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) AR20090013937
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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