IN THE CASE OF:
BOARD DATE: 1 August 2013
DOCKET NUMBER: AR20130008584
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, in effect, payment of an annual Health Professions Officer Incentive Pay (HPOIP) from 1 October 2012 to 30 September 2013.
2. The applicant states, in effect, she did not receive HPOIP in the amount of $2,500.00 for the time period listed above.
3. The applicant provides an HPOIP agreement, a Veterinarian license, and a page showing HPOIP point of contact information.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Regular Army commissioned officer, Army Medical Specialist Corps, and executed an oath of office on 7 June 2012.
2. She provides an HPOIP agreement for the period 1 October 2012 through 30 September 2013. The date of her signature on this contract is 28 February 2013 and it was subsequently approved by her commander.
3. In the processing of this case, an advisory opinion, dated 13 June 2013, was obtained from an official at the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG). The advisory official opined:
a. It appears the applicant is requesting payment of a 1-year HPOIP contract at $2,500.00 for the period 1 October 2012 through 30 September 2013. She executed the contract by signature on 28 February 2013 and it was approved by her commander.
b. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the contract be initiated and executed by signature up to 90 days in advance or 30 days after the effective date. All contracts executed outside the policy for signature, or received outside the funded fiscal year, are returned without action.
c. A review of the applicant's special pay and finance records indicates she has been receiving Veterinary Duty Pay (VDP) at $100.00 per month since her accession on 7 June 2012. There is no record she supplied the 1-year HPOIP contract at $2,500.00 per year for the period 1 October 2012 through 30 September 2013.
d. However, as a newly-accessed officer the urgency to execute and submit contractual special pays may not have been known. Based on the supplied
1-year HPOIP contract, recommend approval of her request. If processed, the VDP would be stopped with prorated recoupment effective 1 October 2012 through the contract processed period. VDP is not authorized when taking the HPOIP contract.
4. On 28 June 2013, the applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments; however, she did not respond.
5. Title 37 (Pay and Allowances of the Uniformed Services), U.S. Code,
chapter 5 (Special and Incentive pays), subchapter II (Consolidation of Special Pay, Incentive Pay, and Bonus Authorities), section 335 (Special Bonus and Incentive Pay Authorities for Officers in Health Professions) state for HPOIP, the Secretary concerned may pay incentive pay under this section to an officer in a regular or Reserve Component of a uniformed service who
a. is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and
b. is serving on active duty or in an active status in a designated health profession specialty or skill.
6. HPOIP may be paid to an officer in addition to any other pay and allowance to which an officer is entitled, except that an officer may not receive a payment
under section 353 - Skill Incentive Pay or Proficiency Bonus, of this title for the same skill and period of service.
7. An officer who receives an incentive pay under section 335 and who fails to fulfill the eligibility requirements for the receipt of the incentive pay or complete the period of service for which the incentive pay is paid, as specified in the written agreement under subsection 3f shall be subject to the repayment
8. The term "health profession" includes any health profession performed by officers in the Veterinary Corps of a uniformed service or by officers designated as a veterinary officer.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant was not aware of the HPOIP contract requirements as evidenced by her signature on 28 February 2013 on the HPOIP agreement for $2,500.00 a year commencing 1 October 2012. It does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that she would lose $1,300 per year. This amount is the difference between the VDP of $1,200 for the period 1 October 2012 through 30 September 2013 and the HPOIP in the amount of $2,500.00 for the same period.
2. The applicant was clearly authorized to enter into an agreement for HPOIP for the period 1 October 2012 through 30 September 2013. Therefore, her record should be corrected to show that she did so in a timely manner. As she is not entitled to VDP and HPOIP for the same period, the VDP she received since 1 October 2012 should be recouped.
___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:
* stopping her VDP effective 1 October 2012 with recoupment of the VDP she has been paid since that date
* showing her HPOIP contract for the period covering 1 October 2012 through 30 September 2013 was timely received and processed by the appropriate office
* paying her retroactive payment of HPOIP in accordance with her contract for the period covering 1 October 2012 through 30 September 2013 in the amount of $2,500.00 per year
_______ _ 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) AR20130008584
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