BOARD DATE:	  25 June 2013

		DOCKET NUMBER:  AR20130003005 


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 his:

* Health Professions Officer Incentive Pay (HPOIP)
* Health Professions Officer Board Certification Pay (HPOBCP)

2.  The applicant states he is a physician assistant (PA) entitled to BCP and incentive pay while on active duty.  He has been on active duty since January 2010 and he is currently on orders for the Active Guard Reserve (AGR) program. He was correctly paid up to February 2012 but he has not been paid since.  He has submitted contracts on several occasions to the National Guard Bureau (NGB) but he has not received any payments.  He was also deployed to Afghanistan from June to December 2012 but he did not receive payments during this period.  He was told by an individual from the Office of the Surgeon General (OTSG) that she (the individual) would get his pay straight from October 2012 to the present but he would need to apply to this Board for the correction to take place.

3.  The applicant provides:

* Orders 137-144 (AGR orders)
* Orders 146-004 (active duty orders)
* Orders 002-002 and 274-055 (Full-time National Guard Duty orders)
* Orders 090-092 (amendment orders)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant entered active duty on 19 November 2007 and completed the Inter-service PA Program at Fort Sam Houston, TX, from 28 December 2008 to 31 December 2009.

2.  On 16 December 2009, he was honorably discharged from his enlisted status and he was appointed as a Reserve commissioned officer of the Alabama Army National Guard (ALARNG) and executed an oath of office on 17 December 2009.

3.  He attended and successfully completed the Army Medical Department Basic Officer Leader Course from 5 November to 3 December 2010.

4.  He was promoted to captain in the ALARNG on 7 November 2011.

5.  He was ordered to full-time National Guard duty for operational support effective 1 October 2011.

6.  He was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom effective 20 June 2012 for a period not to exceed 400 days by authority of Orders 146-004, issued by the ALARNG on 25 May 2012.

7.  He entered active duty on 20 June 2012 and subsequently served in Afghanistan from 14 August 2012 to 15 December 2012.  He was honorably released from active duty on 2 January 2013.

8.  He was ordered to full-time National Guard duty in an AGR status effective 3 January 2013 for a period of 3 years by authority of Orders 002-002, issued by the ALARNG on 2 January 2013.

9.  During the processing of this case, on 7 May 2013, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, OTSG.  The OTSG official stated:

	a.  The applicant requests HPOIP, payable at $5,000.00 per year (payable at $416.66 per month) and HPOBCP at $6,000.00 per year (payable at $500.00 per month) for the retroactive period February 2012 to December 2012.

	b.  A review of his personnel data indicates numerous conflicting orders and designations for both mobilized Reserve Component (RC) and AGR tours, with some periods overlapping.  He was classified as a mobilized RC officer from 1 October 2010 to 2 January 2013 and as an AGR officer from 17 May 2012 to 16 May 2015.

	c.  A review of his finance data also indicates designations for payment on the RC and on the Active Component (AC) finance systems, again with some periods overlapping.  He was paid for retroactive mobilized RC tour from 1 October 2010 to 30 September 2011, a total of $17,702.62, visible on the RC Leave and Earnings Statement (LES).  New authority as an AGR officer is indicated effective 1 October 2012 authorizing HPOIP and HPOBCP at the rate of $916.66 per month, paid retroactive 1 October 2012 to 30 March 2013 at a total of $5,499.96, visible on the AC LES for March 2013.  There is no visible record of any payments from 1 October 2011 to 30 September 2012.

	d.  He is eligible for HPOIP at $5,000.00 per year (payable at $416.66 per month) and HPOBCP at $6,000.00 per year (payable at $500.00 per month) for the missing payment period from 1 October 2011 to 30 September 2012, approximately $11,000.00.  Defense Finance and Accounting Service (DFAS) officials should verify if these missing payments were not paid by delayed transactions prior to any further disbursement.

	e.  The OTSG cannot initiate BCP for this period as the period of arrears exceeds their authority as granted by DFAS.

10.  On 9 May 2013, 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 applicant was issued multiple orders to active duty in various capacities, some of which are overlapping.  He was eligible for HPOIP at $5,000.00 per year (payable at $416.66 per month) and HPOBCP at $6,000.00 per year (payable at $500.00 month) for the missing payment period from 1 October 2011 to 30 September 2012, approximately $11,000.00.

2.  Without a complete audit of his pay record, it is unclear what payments were authorized.  As a result, although he is entitled to payment for the period
1 October 2011 to 30 September 2012, DFAS officials should verify if these missing payments were paid by delayed transactions prior to any further disbursement.



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 HPOIP and HPOBCP was approved for the period 1 October 2011 to 30 September 2012; and

	b.  paying him any back pay entitlements due 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)                                         AR20130003005



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ABCMR Record of Proceedings (cont)                                         AR20130003005



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