IN THE CASE OF:	  

		BOARD DATE:  8 January 2013

		DOCKET NUMBER:  AR20120006326 


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 the following Health Professions Officer (HPO) special pay for the periods 1 February 2005 to 9 May 2005 and 24 April 2006 to 2 August 2006:

* Variable Special Pay (VSP)
* Board Certified Pay (BCP)
* Medical Additional Special Pay (MASP)
* Incentive Special Pay (ISP)

2.  The applicant states the command personnel at his active duty locations did not submit the requests for VSP, BCP, MASP, and ISP in his behalf.

3.  The applicant provides:

* Orders 05-026-0005, issued by the 5501st U.S. Army Hospital, San Antonio, TX, dated 26 January 2005
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty), for the periods ending 9 May 2005 and 8 August 2006
* Orders 06-093-00004, issued by the Army Reserve Medical Command, Pinellas Park, FL, dated 3 April 2006
* a memorandum from the Army Medical Department (AMEDD) Professional Management Command, dated 26 April 2006,
* a 3 page Interfacility Credentials Transfer Brief (ICTB), dated 25 March 2011
* an Army Reserve Personnel Command  (ARPC) Form 249-E (U.S. Army Human Resources Command Chronological Statement of Retirement of Retirement Points) prepared on 22 Mar 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the U.S. Army Reserve (USAR) in the rank/grade of major (MAJ)/O-4 as a Medical Corps officer.

2.  Orders 05-026-0005, dated 26 January 2005, show the applicant was ordered to active duty in support of Operation Enduring Freedom (OEF).  His
DD Form 214 for the period ending 9 May 2005 shows he entered active duty on 31 January 2005.  He was honorably released from active duty on 9 May 2005.

3.  Orders 06-093-00004, dated 3 April 2006, show the applicant was ordered to active duty in support of OEF.  His DD Form 214 for the period ending 8 August 2006 shows he entered active duty on 21 April 2006.  He was honorably released from active duty on 8 August 2006.

4.  The applicant provided documentation that shows he is board certified by the American Board of Family Medicine.

5.  In the processing of this case, on 18 May 2012, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General (OTSG).  The advisory official states:

	a.  Officer is requesting payment of missing HPO special pay authorized during two periods of mobilization from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006.  Officer indicates that documentation was not processed by his supporting command during either period of mobilization for HPO special pay to be authorized for payment.

	b.  A review of the officer's mobilization data maintained by their office indicates no requests or documentation to authorize HPO special pays for the period requested.

	c.  In order to correct the situation within the officer's request and within established policies and procedures, recommend retroactive prorated payments of HPO special pays outlined below, prorated for two mobilization periods from
1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 February 2002 for the correct pay level:
* 
VSP at $5,000.00 per year
* BCP at $2,500.00 per year
* MASP at $15,000.00 per year
* ISP at $13,000.00 per year

6.  On 21 May 2012, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  Title 37, U.S. Code, section 302(h), provides that eligible Reserve Component (RC) medical officers on active duty for less than 1 year are entitled to special pay for each month of active duty, including active duty in the form of annual training (AT) or active duty for training (ADT).  The amount will be prorated for periods less than 1 month.  This pay is initiated by a medical officer's RC unit.

8.  An All Army Activities (ALARACT) message, dated 6 December 2010, shows the Department of the Army sent a message out on behalf of The Surgeon General that emphasized the basic procedures for the Army Medical Corps Special Pay Policy, Plan, and Rates.

	a.  The message stated that RC medical officers serving on active duty under conditions prescribed in subsection (b) of Title 37 U.S. Code, section 302f, are entitled to VSP, BCP, MASP, and ISP at the rates specified in the message.  The message continued that payments shall be paid monthly and amounts shall be prorated for periods less than 1 month.

	b.  RC medical officers receiving MASP or ISP under Title 37, U.S. Code, section 302f are not required to execute a written agreement to remain on active duty for 1 year.  RC medical officers serving on active duty and receiving special pay under the authority of U.S. Code, section 302f, are not entitled to the special pay under Title 37, U.S. Code, section 302(h).

	c.  A request for special pay during mobilization requires submission of the following documentation:  active duty orders, ICTPB, previous documentation of extended active duty periods (DD Form 214), and ARPC Form 249-E.

	d.  AMEDD Special Pay Branch/OTSG determines eligibility based on criteria and rates specified in this message, providing individual rates authorized to RC Defense Finance and Accounting Service (DFAS) for payment.  RC DFAS pays retroactively, on a prorated basis, starting after first 30 consecutive days of mobilization.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion furnished by the Chief, AMEDD Special Pay Branch indicates the applicant did not receive his VSP, BCP, MASP, and ISP for the periods from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006.  The Chief, AMEDD Special Pay Branch recommends the applicant receive retroactive prorated payments of HPO special pays.

2.  Therefore, it would serve the interest of equity and fairness to correct his records to reflect that he applied for VSP, BCP, MASP, and ISP in a timely manner and that his requests were approved in a timely manner.  The applicant should receive payments for VSP, BCP, MASP, and ISP prorated for the two mobilization periods from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006, utilizing MS-Pay-Date of 1 July 2002, for the correct pay rate level:

* VSP at $5,000.00 per year
* BCP at $2,500.00 per year
* MASP at $15,000.00 per year
* ISP at $13,000.00 per year

BOARD VOTE:

____X___  ____X___  ___X__ _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the applicant's unit applied for VSP, BCP, MASP, and ISP for him in a timely manner;

	b.  showing his requests were approved in a timely manner to be effective from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August 2006; and
	c.  paying him VSP, BCP, MASP, and ISP prorated for two mobilization periods from 1 February 2005 to 9 May 2005 and from 24 April 2006 to 2 August
2006 utilizing the MS-Pay-Date of 1 July 2002, for the correct pay rate level:

* VSP at $5,000.00 per year
* BCP at $2,500.00 per year
* MASP at $15,000.00 per year
* ISP at $13,000.00 per year



      _______ _  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)                                         AR20120006326



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ABCMR Record of Proceedings (cont)                                         AR20120006326



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