IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130006462
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) and Health Professions Officer Board Certification Pay (HPOBCP) for the period 25 October 2009 through 30 December 2010.
2. The applicant states his command authorized specialty pay for his deployment upon his entry on active duty on 25 October 2009. On 15 June 2010 while deployed to Iraq, the Defense Finance and Accounting Service (DFAS) recouped all his money. He tried to resolve this issue in Iraq with no luck. He was released from active duty on 27 September 2010. He continued his efforts to resolve this issue and understand why his pay was recouped but he was again unsuccessful. He then contacted the Army Medical Department (AMEDD) Special Pay Branch. Upon review of his records, it was determined he had been receiving Medical Special Pay from 2009 to 2010 which was not authorized for his area of concentration (AOC) 65D (Physician Assistant). However, he is authorized the HPOIP and HPOBCP which he never received.
3. The applicant provides various email, Orders 09-278-00008 (active duty orders), and his Reserve leave and earnings statement.
CONSIDERATION OF EVIDENCE:
1. Having prior enlisted service, the applicant was appointed as a Reserve commissioned officer and executed an oath of office on 13 December 1999. He completed the AMEDD Officer Basic Course (Reserve Component (RC)).
2. He served in a variety of assignments in AOC 65D and he was promoted to captain on 28 April 2004.
3. He was ordered to active duty on 25 October 2009 and subsequently served in Kuwait/Iraq from 28 January 2010 to 24 July 2010. He was honorably released from active duty on 27 September 2010.
4. During the processing of this case, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, Office of the Surgeon General (OTSG), dated 16 May 2013. OTSG recommended processing his payment through DFAS and stated HPO special pays are authorized for all periods of mobilization that are 30 consecutive days in length or longer. The applicant was authorized HPOBCP at $6,000.00 per year and HPOIP at $5,000.00 per year, payable on a prorated basis for the mobilized period 25 October 2009 to 30 December 2010. The AMEDD Special Pay Branch is limited to only determining authorizations. Authorizations are forwarded to RC-DFAS, Indianapolis, IN, the responsible agent for disbursing payment of HPO special pay during mobilization.
5. On 17 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:
The applicant was mobilized on 25 October 2009 and after serving in Kuwait/Iraq from 28 January 2010 to 24 July 2010, he was demobilized and honorably released from active duty on 27 September 2010. HPO special pays are authorized for all periods of mobilization that are 30 consecutive days in length or longer. The applicant was authorized HPOBCP at $6,000.00 per year and HPOIP at $5,000.00 per year, payable on a prorated basis for the mobilized period 25 October 2009 to 30 December 2010. He is entitled to payment of both special pays based on time served.
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 he was authorized HPOIP and HPOBCP during the period 25 October 2009 through 30 December 2010 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) AR20130006462
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ABCMR Record of Proceedings (cont) AR20130006462
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