IN THE CASE OF:
BOARD DATE: 21 June 2011
DOCKET NUMBER: AR20110004160
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 he be paid Veterinary Duty Pay (VDP) for the period 13 June 2005 to 30 September 2009.
2. The applicant states he was entitled to VDP but had not noticed that VDP was not indicated on the Leave and Earnings Statement (LES) separately. He had assumed that VDP was included in his base pay and it was not until the change from VDP to the new incentive pay occurred in 2009 that he was informed VDP would have been a separate item in his LES since 2005. VDP has never been included in his LES.
3. The applicant provides a DA Form 2142 (Pay Inquiry), a Veterinary Registration Certificate, an Officer Record Brief, active duty orders, seven LESs, and an email message.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a Reserve commissioned officer in the rank of second lieutenant on 7 May 2003.
2. U.S. Army Human Resources Command, St. Louis, MO, Orders Number
A-03-590270, dated 11 March 2005, ordered the applicant to active duty in the rank of captain, Veterinary Corps, effective 13 June 2005. The additional instructions section on these orders includes the entry "Officer is entitled to $100/month Veterinary Professional Pay."
3. He provided seven LESs with dates within the periods 1-31 August 2007 through 1-31 January 2011. VDP is not included in the entitlements section of these LESs.
4. In an email message provided by the applicant, the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General (OTSG), indicated on 18 February 2011 that in the applicant's case, VDP of $100.00/month was authorized; however, because more than 5 years had passed, their office could not facilitate direct payment. It advised the applicant to apply to this Board for retroactive VDP and stated that the period for receipt of VDP should be from 13 June 2005, the date of entry into active duty, through
30 September 2009, the date before the new incentive program became effective. VDP was no longer authorized effective 1 October 2009.
5. Title 37, U.S. Code, section 303 (Special Pay: Veterinarians), states a commissioned officer of a Reserve component of the Army who is in the Veterinary Corps of the Army who is designated as a veterinary officer is entitled to special pay at the rate of $100.00 a month for each month of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he should be paid VDP for the period 13 June 2005 to 30 September 2009 has been carefully reviewed.
2. Title 37, U.S. Code, section 303, authorized VDP to officers of a Reserve component in the Veterinary Corps. The OTSG confirmed the applicant was authorized this pay but they could not facilitate direct payment due to passage of time.
3. Therefore, in the interest of justice, fairness, and equity, it would be appropriate to show that he submitted the appropriate documentation to the Army Medical Department Special Pay Branch requesting VDP, that his request was approved, and that he be paid all back due VDP he is authorized for the period 13 June 2005 through 30 September 2009.
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 submitted the appropriate documentation to the Army Medical Department Special Pay Branch requesting VDP;
b. showing that his request was approved; and
c. paying him VDP for the period 13 June 2005 through 30 September 2009.
___________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) AR20110004160
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ABCMR Record of Proceedings (cont) AR20110004160
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