IN THE CASE OF:	  

		BOARD DATE:	    15 October 2013

		DOCKET NUMBER:  AR20120020434 


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, payment of Health Professions Officer Incentive Pay (HPOIP) in the amount of $2,500.00 for Fiscal Year 2012 (FY12).

2.  The applicant states she did not receive payment of HPOIP for the period 12 October 2011 through 11 October 2012 due to her supporting S1 (personnel) staff's failure to process her HPOIP contract in a timely fashion.  She attests that she signed the HPOIP contract on 15 November 2011 and provided a copy of her current veterinary license with the contract.  She made repeated inquiries through the S1 staff during the months following submission and was told to be patient.  On 22 June 2012, she re-signed the contract after being informed that by the time the contract had reached the Office of the Surgeon General (OTSG), the veterinary license originally provided had expired, therefore, making the contract void (in spite of the fact that the license was current at the time she originally signed the contract).

3.  The applicant further states that she continued to make inquiries regarding the status of her HPOIP.  In October 2012, she contacted the Army Human Resources Command (HRC) and was informed her FY12 contract was rejected due to a clerical error; the effective date on the contract should have been her date of completion of the BOLC (Basic Officer Leadership Course) (12 October 2011) rather than her date of commission (13 July 2011).  HRC claimed to have communicated this error, yet she was never informed of the need for correction.  Now that FY12 has closed, she was told that funds are no longer available to the OTSG for disbursement without approval from the Army Board for Correction of Military Records (ABCMR).  She has been repeatedly informed that she is entitled to HPOIP, despite the clerical errors that existed in her contract.

4.  The applicant provides two HPOIP contracts, dated 28 November 2011 and 22 June 2012, respectively.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as an Army Medical Department (AMEDD) Veterinary Corps (VC) officer in the rank of captain (CPT), in area of concentration (AOC) 64A (Field Veterinary Service Officer). 

2.  The applicant completed a Rotating Internship at the Veterinary Specialty Hospital of the Carolinas from June 2010 to July 2011.

3.  The applicant provides a memorandum which shows she requested HPOIP from The Surgeon General of the Army on 28 November 2011.  She authenticated this document with her signature.

	a.  In her request for HPOIP she states she is licensed in the state or jurisdiction of North Carolina and she provides her license number with an expiration date of 31 December 2011.  She further acknowledges that she agrees to serve one year of continuous active duty effective 13 July 2011.  She provided a copy of the license issued to her by the North Carolina Veterinary Medical Board (NCVMB) which recognized her as a qualified Veterinarian in the State of North Carolina for the period ending 31 December 2011.

	b.  Her request for HPOIP was approved by her commander.

4.  The applicant provides a second memorandum which shows she requested HPOIP from The Surgeon General of the Army on 22 June 2012.  She authenticated this document with her signature.

	a.  In her request for HPOIP she states she is licensed in the state or jurisdiction of North Carolina and she provides her license number with an expiration date of 31 December 2012.  She further acknowledges that she agrees to serve one year of continuous active duty effective 13 July 2013.  She provided a copy of the license issued to her by the NCVMB which recognized her as a qualified Veterinarian in the State of North Carolina for the period ending 31 December 2012.

	b.  Her request for HPOIP was approved by her commander.

5.  In connection with the processing of this case, on 3 January 2013, an advisory opinion was obtained from Chief, U.S. AMEDD Special Pay Branch, Office of The Surgeon General (OTSG).  The advisory official confirms that a review of the applicant's military personnel and pay files indicates:

	a.  there was no processing for payment of the requested HPOIP for the period 12 October 2011 through 11 October 2012.

	b.  each of the applicant's contentions are correct, and based on erroneous processing through the system, she was denied the contract.

	c.  the applicant was eligible for an HPOIP contract at $2,500.00 per year effective 12 October 2011 through 11 October 2012.

6.  The advisory official opines that although the applicant must bear responsibility for their part of the agreement request and execution, award of the outstanding HPOIP agreement in arrears would be based upon failure of the processing mechanism to assist her in time correct submission of the contract.  As a result, the advisory official recommends the applicant receive HPOIP in arrears for the period 12 October 2011 through 11 October 2012 in the amount of $2,500.

7.  On 3 January 2013, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.
She did not respond.

8.  Department of Defense Financial Management Regulation (DODFMR), Volume 7A, provides military pay policy and procedures.  Chapter 5 contains 
guidance on special pay for HPOs.

	a.  Paragraph 0513 contains guidance on HPOIP and states that HPOs must be qualified in his or her specialty and must be currently credentialed and privileged at a military treatment facility in the specialty for which the incentive pay is to be paid.

	b.  The officer must sign a written agreement to remain on active duty or in an active status in the Selected Reserve of the Ready Reserve in a designated health profession specialty for a period of not less than 1 year beginning on the date the contract is signed.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of eligibility for HPOIC from 12 October 2011 through 11 October 2012 was carefully considered and found to have merit.  The evidence of record confirms the applicant was certified as a qualified Veterinarian by the NCVMB.

2.  The OTSG advisory opinion provided in this case confirms the applicant was authorized to receive HPOIP effective 12 October 2011.  She did not receive HPOIC for the period 12 October 2011 through 11 October 2012.  Therefore, it would be appropriate to correct the applicant's record to show she was authorized to receive HPOIC for the period 12 October 2011 through 11 October 2012 and to pay her all back pay and allowances 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.  showing she was authorized HPOIP for the period 12 October 2011 through 11 October 2012, and

	b.  paying her all back pay and allowances 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)                                         AR20120020434





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ABCMR Record of Proceedings (cont)                                         AR20120020434



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