IN THE CASE OF:
BOARD DATE: 13 August 2013
DOCKET NUMBER: AR20130006457
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 a $6,000 Optometry Retention Bonus for the period 1 October 2012 through 30 September 2014.
2. The applicant states he submitted his request for the bonus late due to work-related missions.
3. The applicant provides a self-authored Memorandum for Record, Subject: Letter of Lateness, dated 22 January 2013.
CONSIDERATION OF EVIDENCE:
1. On 26 April 2000, the applicant was commissioned as a second lieutenant in the Puerto Rico Army National Guard. His area of concentration is 67F (Optometry Officer). He was promoted to major on 1 May 2010.
2. The applicant's bonus agreement is not available for review.
3. On 16 May 2013, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch. The advisory official recommends approval of the applicant's request based on extenuating circumstances and states:
a. 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 of the policy for signature date or received outside the funded fiscal year are returned without action.
b. A review of the MODS special pay module entry indicates the applicant executed a 2-year Optometry Retention Bonus contract at $6,000 per year effective 1 October 2012 through 30 September 2014, with a signature date of
18 January 2013.
4. On 26 June 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comment or a rebuttal.
5. On 10 July 2013, the applicant provided an email response indicating there was a valid reason for submitting his paperwork late.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for payment of a $6,000 per year for an Optometry Retention Bonus for the period 1 October 2012 through 30 September 2014 was carefully considered.
2. Based on mission requirements beyond the applicant's control, he was unable to execute his bonus agreement in a timely manner. Further, the Chief, AMEDD Special Pay Branch, has verified the applicant's entitlement to the bonus.
3. Based on the applicant's submission and the advisory opinion, it is clear that the applicant is entitled to bonus payments at the rate of $6,000 per year for the period 1 October 2012 through 30 September 2014.
4. In view of the foregoing, the applicants records 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 he entered into an Optometry Retention Bonus contract for the period 1 October 2012 through 30 September 2014 in a timely manner
* showing his bonus contract was properly received and processed by the appropriate office
* paying him all retroactive Optometry Retention Bonus payments due as a result of these corrections
_______ _ _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) AR20130006457
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ABCMR Record of Proceedings (cont) AR20130006457
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