IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130001760 


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 payment of an initial one-year Health Professions Officer Incentive Pay (HPOIP) at the rate of $20,000/year retroactive to 25 July 2012. 

2.  The applicant states:

	a.  As a licensed and credentialed General Dentist, he is eligible to receive HPOIP.  His contract to receive HPOIP needs to be corrected to reflect an effective date of 25 July 2012.  This correction will supersede the current contract’s effective date of 1 October 2012 and also award retroactive back pay to 25 July 2012.  

	b.  On 22 August 2012, his initial request for HPOIP was signed by his commander, with an effective date of 11 June 2012.  This contract was submitted through the Medical Operational Data System (MODS) by the executive secretary, for processing and approval by the Office of the Surgeon General (OTSG).  A hard copy was also submitted to the OTSG on 23 August 2012.  Unbeknownst to him at the time, the effective date on this contract was invalid, which months later would ultimately stop this contract from ever being processed.  For months, this contract remained visible in the MODS online system as "awaiting OTSG approval" and the executive secretary checked regularly for updates.  Due to known processing delays at the OTSG, his chain of command advised him that he could not specifically inquire until 90 days after submission.  Throughout November and December 2012, many of his colleagues who were also awaiting processing of HPOIP contracts began receiving their special pay disbursements. 

	c.  As he had no reason to suspect any unusual problems, he continued "awaiting OTSG approval" of his HPOIP contract.  On 28 December 2012, after the majority of outstanding HPOIP contracts had been processed and special pay had been disbursed to dental officers, his contract still appeared in MODS as "awaiting OTSG approval."  At this time, the Southern Region Dental Command (SRDC) Commander; the Director of Operations SRDC; the Dental Corps Staff Officer at the OTSG; and the Chief of Army Medical Department (AMEDD) Special Pay Branch at the OTSG personally looked into this matter on his behalf.  They determined that an error prevented his contract from being received and/or processed completely. 

	d.  The error preventing processing of his HPOIP contract was that an invalid effective date was applied on the contract.  This erroneous date was 11 June 2012, which was his date of entry to active duty.  The date should appear as 
25 July 2012, which would reflect his graduation from the Basic Officer Leader Course (BOLC) and credentialing at Fort Hood as a General Dentist.  His commander stated that this error originated in his office with the drafting of the contract, at no fault of his (the applicant) own.  Because discovery of this error occurred after the close of Fiscal Year 2013, he was notified that the contract was void and could not be paid with Fiscal Year 2013 funds.  At the recommendation and action of OTSG, the contract was deleted.  He then completed a new contract with an effective date of 1 October 2012, with the intent to appeal to this Board would it be necessary.  The above officials consulted with his commander and he, and they all agreed that this seemed like the most viable course of action. 

	e.  After exhausting all other options, he understands that the only way to receive the correct HPOIP contract date, and receive retroactive special pay, is through this request to this Board.  In summary, his initial request for HPOIP was signed on 23 August 2012 with an erroneous effective date of 11 June 2012.  On 28 December 2012 this contract was deemed invalid, void, and was deleted from MODS.  After exhaustive research, communication, and efforts, he determined that no corrective action could authorize the disbursement of funds from Fiscal Year 2012.  He then completed a new contract with an effective date of 1 October 2012 with hopes that the Board can replace that effective date with 25 July 2012 and award retroactive HPOIP to that date. 

3.  The applicant provides:

* 28 December 2012 contract 
* 22 August 2012 contract 
* Commander statement of support

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer and executed an oath of office on 29 July 2008.  

2.  He was ordered to active duty on 11 June 2012 as a captain to accept a Regular Army appointment.  He executed an oath office on the same date.  

3.  He attended and successfully completed the AMEDD BOLC at Fort Sam Houston, TX, from 12 June to 24 July 2012.  

4.  On 28 December 2012, he executed a contract wherein he indicated his specialty was General Dentistry and that he was a privileged health provider, licensed in the state of Texas with a license expiring on 31 July 2013.  He agreed to serve on active duty for 1 year beginning on 1 October 2012.  In exchange, the Army agrees to pay him an IP on a monthly basis at the rate of $20,000/year. 

5.  An advisory opinion was obtained on 6 May 2013 from OTSG in the processing of this case.  The OTSG official stated:  

	a.  The applicant is requesting an initial 1-year HPOlP contract at $20,000/year effective retroactive to 20120725.  He indicates initial contractual period was erroneous based on him not being notified of the requirements needed to execute the contract.  His command provides narrative support to the extenuating circumstances of the situation.

	b.  Current policy requires contracts to be prepared via the MODS special pay module, when officer has attained graduation from the BOLC and a full valid unrestricted license.  Contract must be executed by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action.  

	c.  A review of available officer special pay and finance data indicates that the applicant had executed an erroneous 1-year HPOIP at $20,000/year effective 20120611 that was not processed.  Upon identification of the error, a new 1-year HPOIP at $20,000/year effective 20121001-20130930 was executed, submitted, authorized, and is being paid by the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, at $1,666.66/month.
	d.  The applicant is eligible for the 1-year HPOIP contract at $20,000/year; payable at $1,666.66/month effective retroactive 20120725-20130724.  His initial 1-year HPOIP effective date should be adjusted from 20121001 to 20120725, with catch-up payments 20120725-20121001 of approximately $3,722; exact amount to be determined by DFAS-IN.  Next 1-year HPOIP would be effective 20130725.

6.  The applicant concurred with this advisory opinion and requested this Board adopt it in whole. 

DISCUSSION AND CONCLUSIONS:

The applicant completed BOLC on 24 July 2012.  He was eligible for the 1-year HPOIP contract at $20,000/year, payable at $1,666.66/month effective 20120725-20130724.  He and his commander signed an invalid contract on 28 December 2012.  Based on time served and based on what appears to be improper counseling/lack of knowledge, his initial 1-year HPOIP effective date should be adjusted from 20121001 to 20120725, with catch-up payments 20120725-20121001 - exact amount to be determined by DFAS-IN. 

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 executed a valid contract on 25 July 2012 and his contract was signed by his commander and processed through appropriate channels; and




	b.  paying him any back pay entitlements due, from 25 July 2012 to 1 October 2012, as a result of this correction if not already disbursed.



      ___________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)                                         AR20130001760





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ABCMR Record of Proceedings (cont)                                         AR20130001760



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