IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20110017920
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, award of the Specialized Training Assistance Program (STRAP) stipend effective 1 July 2010 with entitlement to back pay from the effective date and correction to his records to show his rank as captain.
2. The applicant states:
a. There was some confusion when he transitioned from the Medical and Dental Stipend Program (MDSSP) to STRAP. He began the process in May 2010 and he took his oath of office for appointment as a captain during his graduating year of medical school.
b. he was made to believe that because he had already been accepted into the Army all he had to do was complete an application for transition into STRAP. He completed his application and received notification of the transfer on 11 June 2010. He was informed that his pay would continue without a lag.
c. He signed a contract in July 2010 for STRAP and it was accepted and sent to payroll. He was then informed that he had to be re-boarded and re-accepted into the Army. He found out later that all of this was actually completely unnecessary. Because of this, he did not get re-boarded until 27 September 2010. This created an almost 4-month gap in pay.
d. Initially when he signed his contract for STRAP, his start date was at the conclusion of the MDSSP which would have continued his pay without a lag. As of today, he has still not received compensation for the months immediately following his reassignment to STRAP. He is asking for back pay for those months.
e. There has also been confusion with his rank, as he was administered an oath of office in May 2010 for the rank of captain. His rank still remains as a first lieutenant. He has been paid as such for almost a year.
3. He provides:
* original contract
* 2010 Appointment Memorandum
* 2010 Oath of Office and appointment orders
* troop program unit (TPU) assignment orders
* DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers))
* 2011 Change in Current Stipend Boarding Process for MDSSP Applicants message
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed in the U.S. Army Reserve (USAR), Medical Corps, as a captain, on 30 May 2010, with 4 years of constructive service credit (CSC). He was administered an oath of office on the same day. He was assigned to the Army Reserve Medical Command STRAP.
2. He was assigned to a TPU on 11 June 2010.
3. His DA Form 5074-R, dated 29 September 2010, shows he was awarded 4 years of CSC for his medical degree. The form also shows this credit qualified him for the rank of captain. The form further shows he was in the MDSSP from 12 August 2008 through 29 May 2010.
4. During the processing of this case, on 24 February 2012, an advisory opinion was obtained from the Program Manager, Headquarters, U.S. Army Recruiting Command, Health Services Directorate. The advisory official recommended:
a. Correction of the start date of the applicants STRAP to 1 July 2010, the start date of his residency; and
b. The AMEDD (Army Medical Department) Professional Management Command (APMC) contact the Defense Finance and Accounting Service (DFAS) to correct the applicants rank in the finance system to captain with an effective day of 30 May 2010.
5. The advisory official stated:
a. At the time the applicant completed his medical school through the MDSSP, the process was to board those in the MDSSP applying for STRAP. This caused a delay in the approval of STRAP. Due to this issue the process was changed in January 2011 to remove the board process.
b. As for the issue with the applicants pay, he should be in the finance system as a captain effective 30 May 2010. The applicant has been assigned to APMC since 30 May 2010.
6. On 1 March 2012, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was assigned to the MDSSP from 12 August 2008 through 29 May 2010. He was appointed in the USAR, Medical Corps, as a captain, on 30 May 2010. Due to a change in processing of those in the MDSSP applying for STRAP, his STRAP stipend was delayed. He was eligible to receive the stipend effective 1 July 2010, which coincided with the start date of his residency program.
2. Therefore, he is entitled to correction to his records to show he was eligible for the STRAP stipend effective 1 July 2010 with entitlement to back pay.
3. The evidence of record also shows he was awarded 4 years of CSC for his medical degree. This credit qualified him for appointment in the rank of captain. He was appointed in the USAR as a captain on 30 May 2010. Therefore, DFAS should correct his rank to captain in their finance system with entitlement to any back pay due as a result of this correction.
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. Awarding the applicant payment of the Specialized Training Assistance Program stipend effective 1 July 2010 with entitlement to all back pay due from the effective date, and
b. Correction of his records in the Defense Finance and Accounting Service finance system to show his rank as captain with entitlement to any back pay due as a result of this correction.
___________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) AR20110017920
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ABCMR Record of Proceedings (cont) AR20110017920
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