BOARD DATE: 17 February 2011
DOCKET NUMBER: AR20100015775
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 correction of his record to show his Health Professionals Pay Entry Date (HPPED) is 15 May 2004.
2. The applicant states, in effect, his HPPED was calculated based on the date reported to his first assignment. However, because he had no break in service after graduating from the Uniformed Services University of the Health Sciences (USUHS), his HPPED should be the date he took his oath of office. By correcting this error, he stands to collect variable special pay (VSP).
3. The applicant provides a copy of a DA Form 71 (Oath of Office - Military Personnel).
CONSIDERATION OF EVIDENCE:
1. The applicant accepted appointment as a Reserve Commissioned Officer of the Army on 17 May 1999 and was ordered to active duty to attend USUHS. On 15 May 2004, he accepted a Regular Army (RA) appointment in the Medical Corps and has served on active duty since that date.
2. An advisory opinion obtained from the Graduate Medical Education Division, Office of the Surgeon General (OTSG), during the processing of this case confirms the period between the date he accepted his RA appointment and the date he reported for his first assignment was not credited toward his HPPED. This period was 1 month and 2 days. The advisory opinion recommended granting relief by adjusting his HPPED to 15 May 2004.
3. A copy of the advisory opinion was provided to the applicant for comment on 3 January 2011. He did not comment.
4. Title 37, U.S. Code, section 302, provides that an officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay.
5. 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.
6. Army Regulation 371044 (Military Pay and Allowances Policy) states creditable service determines the HPPED, which is the basis for computation of the amount of medical and dental VSP.
a. The order-issuing agent will include the amount of creditable service in the officers initial active duty orders, as determined by the OTSG. Finance Officers/Defense Military Pay Offices will establish the HPPED upon entry on active duty, as computed from the creditable service date included in the initial active duty orders.
b. Dental and medical officers will be authorized VSP during initial in-processing, which will be effective on the date of entry on active duty.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant accepted an RA commission in the Medical Corps on 15 May 2004. This is the date he entered active duty and became eligible for special pay.
2. It appears that he did not formally in-process until he reached his first duty station a little more than a month after entering active duty, which led to an error in the calculation of his HPPED.
3. In view of the above, as a matter of equity it would be appropriate to:
a. correct his record to show his HPPED is 15 May 2004,
b. audit his Defense Finance and Accounting Service (DFAS) record to determine if he is owed any VSP based on the corrected HPPED, and
c. pay him any VSP he is owed as a result of the corrected HPPED.
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. correcting his record to show his HPPED is 15 May 2004,
b. auditing his DFAS record to determine if he is owed VSP based on the corrected HPPED, and
c. pay him any VSP he is owed as a result of the corrected HPPED.
_______ _ 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) AR20100015775
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