IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130003600
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 annual Health Professions Officer Incentive Pay (HPOIP) from 1 October 2012 to 30 September 2013 and HPOIP for the previous year from 1 October 2011 to 30 September 2012.
2. She states:
a. the two individuals who worked with her on this matter didn't have prior knowledge of how to submit these contracts nor did they have knowledge of the process.
b. since the first contract was never done correctly she missed out on a whole year of her additional specialty pay.
c. she PCS'd [permanent change of station] to a new district and had to start the whole process over again, which took time. She was late again on this fiscal year's (FY) contract.
3. She provides an HPOIP contract for FY2013 and a Veterinary license.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of captain.
2. She was appointed as a Reserve commissioned officer on 18 April 2008. On 13 June 2011, she was appointed as a Regular Army commissioned officer in the Veterinary Corps.
3. She submitted an HPOIP agreement signed on 1 October 2012 for the period 1 October 2012 through 30 September 2013.
4. On 15 March 2013, she submitted a second HPOIP for the period 1 October 2012 through 30 September 2013.
5. An advisory opinion was obtained on 6 May 2013 in the processing of this case. An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), recommended approval. The advisory official stated:
a. current policy requires contracts to be prepared via the Medical Operational Data System special pay module;
b. contract must be executed by signature up to 90 days in advance or within 30 days after effective date or otherwise the 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. although there is supporting documentation to indicate the applicant was eligible for the 1-year HPOIP effective 30 August 2011, a review of the applicant's special pay and finance data indicates no record of contracts being authorized for payment.
6. The advisory official recommended the applicant be eligible for 1-year HPOIP contracts at $2,500/year, payable at $416.66/month, effective both
30 August 2011 and 30 August 2012. Based on this corrected cycle, the applicant's next 1-year HPOIP contract will be effective 30 August 2013.
7. A copy of the advisory opinion was forwarded to the applicant to allow her to provide comments. However, she did not respond within the allotted timeframe.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant submitted an HPOIP contract signed on 1 October 2012 for payments 1 October 2012 to 30 September 2013. However, the advisory official stated contracts must be executed by signature up to 90 days in advance or 30 days after the effective date; otherwise the effective date must be reestablished. Therefore, she did not submit her contract within a timely manner.
2. The advisory opinion stated there is supporting documentation to indicate the applicant was eligible for the 1-year HPOIP effective 30 August 2011 and thereafter. However, there is no record of contracts authorized for payment.
3. Based on the foregoing and in the interest of justice, the applicant is eligible for receipt of the served 1-year obligatory HPOIP agreement for $2,500 per year for the periods 30 August 2011 to 29 August 2012 and 30 August 2012 to 29 August 2013. Therefore, her records should be corrected to show entitlement to these specialty pay bonuses.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 issued an HPOIP contract effective 30 August 2011 with an obligation through 29 August 2012,
b. showing she was issued an HPOIP contract effective 30 August 2012 with an obligation through 29 August 2013, and
c. paying her based on the contracts executed in paragraphs a and b above.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to payment of HPOIP contracts for the periods 1 October 2012 to 30 September 2013 and 1 October 2011 to 30 September 2012.
_______ _ _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) AR20130003600
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