IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130006408
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 a 1-year Health Professions Officer Incentive Pay (HPOIP) contract for $20,000.00 per year effective 1 October 2011 to 30 September 2012.
2. The applicant states:
a. Her application for a 2011/2012 HPOIP contract has been mishandled and she has been denied retroactive Consolidation of Special Pay (CSP) worth approximately $7,000.00 for the year October 2011 to October 2012 as a result.
b. On 19 June 2012, she was incorrectly presented with a Health Professions Officer Retention Bonus (HPORB) contract by her unit S-1 which she signed that day. Afterward she was made aware of the error and has taken steps to rectify it. The inquiry to resubmit the correct HPOIP contract began on 12 July 2012 and the correct form was submitted on 23 August 2012. She also discovered in February 2013 that her HPOIP contract has never been processed.
c. She is entitled to retroactive CSP because she was given the incorrect contract.
3. The applicant provides:
* HPORB initial application
* HPOIP corrected application
* CSP email correspondence
* CSP deadline email
* memorandum for record from Headquarters, U.S. Army Dental Clinic Command, dated 27 February 2013, subject: Discrepancy in Completing Retroactive Incentive Pay Contract (HPOIP)
* memorandum from Headquarters, U.S. Army Dental Clinic Command, dated 27 February 2013, subject: Retroactive HPOIP Contract Discrepancy/Issues
* Army Medical Department (AMEDD) Special Pay Record Brief
CONSIDERATION OF EVIDENCE:
1. Having prior commissioned service in the U.S. Army Reserve, the applicant was appointed as a captain in the Regular Army Dental Corps on 13 June 2011.
2. She provides a 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011. She signed this contract on 25 June 2012 with command approval.
3. An advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, Office of the Surgeon General, in the processing of this case who states:
a. The applicant indicates she has attempted to execute contracts but supporting personnel initially provided the wrong contract and when it was corrected, it was never processed for payment.
b. Current policy requires contracts to be prepared via the Medical Operational Data System special pay module and executed by signature 90 days in advance or 30 days after the effective date. Otherwise the effective date must be reestablished as the 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. There is supporting documentation to indicate the officer was eligible for the 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011 to 30 September 2012. However, a review of her special pay and finance data indicates no record of a contract being authorized for payment.
d. The missed contract was due to no fault of the officer.
e. The Office of the Surgeon General recommends payment for the 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011 to 30 September 2012.
4. The advisory opinion was furnished to the applicant for comment. On 7 June 2013, she responded and concurred with the opinion.
5. Information obtained from the Army Medicine website states the CSP is the special pay authority for the HPOIP and HPORB. The new CSP authority combines the existing "Legacy" special pays into the following 4-Health Professions Officer special pay categories:
* Health Professions Bonus, Accession
* Health Professions Bonus, Incentive
* Health Professions Bonus, Retention
* Board Certification Pay
DISCUSSION AND CONCLUSIONS:
1. The applicant requests a 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011 to 30 September 2012.
2. The evidence shows she submitted a 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011. However, there is no evidence which shows the contract was authorized for payment.
3. Nevertheless, the advisory opinion points out:
* the missed contract was due to no fault of the applicant
* the applicant is eligible for the 1-year HPOIP contract for $20,000.00 per year effective 1 October 2011 to 30 September 2012
4. As a matter of equity, it would be appropriate to approve her request to show she applied for and was granted HPOIP in the amount of $20,000.00 for the period 1 October 2011 to 30 September 2012 based on the foregoing information.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 executed an HPOIP contract for $20,000.00 per year for the period 1 October 2011 to 30 September 2012 and it was processed in a timely manner; and
b. paying her $20,000.00 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.
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