BOARD DATE: 14 January 2014
DOCKET NUMBER: AR20130004928
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 her Health Professions Officer Incentive Pay (HPOIP).
2. The applicant states:
a. she is not currently receiving special pay for her service as a veterinarian in area of concentration 64A in the amount of $2,500.00 a year; and
b. she submitted the request forms in November 2011, October 2012, and again in March 2013, and now seeks back pay for the November 2011 payment she did not receive.
3. The applicant provides:
* two HPOIP agreements
* Veterinary Examiners License (two copies)
* DA Form 1059 (Service School Academic Evaluation)
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer, unassigned, and executed an oath of office on 2 June 2009.
2. She appears to have entered active duty on 23 May 2011 and she completed the Army Medical Department Basic Officer Leader Course from 14 July 2011 to 12 September 2012.
3. The Oklahoma State Board of Veterinary Medical Examiners issued the applicant her license number 5374, which remained valid through 30 June 2012.
4. During the processing of this case, on 6 June 2013, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG) with a recommendation for approval. The advisory official stated:
a. The applicant requests payment of a 1-year HPOIP contract at $2,500.00 a year from 13 October 2011 to 12Â October 2012. Although she was eligible for HPOIP for this period, the supplied contract is not approved by the commander, and there is no record of an approved contract received by this office.
b. Current policy requires contracts to be prepared via the Medical Operational Data System (MODS) special pay module. Contracts must be executed by signature up to 90 days in advance or within 30 days after the effective date. Otherwise, the effective date must be reestablished as date of signature. All contracts executed outside the policy for signature date or received outside the funded fiscal year are returned without action. A review of the applicant's special pay and finance records indicates she received payments for HPOIP from 1 October 2012 to date. There are no other payments.
c. Recommend the applicant submit a commander-approved 1-year contract at $2,500/year effective 13 October 2011 to 12 October 2012. Upon receipt, she would be eligible for retroactive payment as directed by the ABCMR.
5. On 6 June 2013, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The available evidence supports the applicantÂ’s contention. Award of the outstanding HPOIP agreement in arrears should be based on time served. The applicant was eligible for the 1-year HPOIP at $2,500/year from 13 October 2011 through 12 October 2012.
2. While the applicant indicates she submitted a HPOIP contract in November 2011, it is not on file and the contract she now provides does not include a commander's approval. The applicant was clearly authorized to enter into an agreement for HPOIP for the period in question. Accordingly, it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that he or she would lose $2,500.00 per year.
3. In view of the foregoing, the applicant's record should be corrected as recommended below.
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:
* showing she timely entered into an HPOIP contract for the period covering 13 October 2011 through 12 October 2012, in a timely manner
* showing her HPOIP contract was properly received and processed by the appropriate office with her commander's approval
* paying her retroactive payment of HPOIP in accordance with her contract for the period 13 October 2011 through 12 October 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) AR20130004928
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