IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20130008825
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, retroactive award of a 4-year Health Professions Officer Retention Bonus (HPORB) and 4-year Health Professions Officer Incentive Pay (HPOIP) from 11 June 2011 through 10 June 2015.
2. The applicant states he initiated a contract on 6 May 2011 to renegotiate the incentive pay and retention bonus, thereby extending his obligation for an additional year. According to recent information, the contract was not processed by his former unit in 2011. The documents were approved by his commander. He has continued to receive payment, but the documents located in his integrated Personnel Electronic Records Management System record are incorrect. There is no record that the clerk from his former unit processed the paperwork. This would cause him to lose $15,000.00 for that year.
3. The applicant provides a copy of his approved contract.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a second lieutenant in the U.S. Army Reserve effective 19 March 1994.
2. His request for the HPORB and HPOIP was approved on 6 May 2011.
3. In the advisory opinion, dated 14 June 2013, the Chief, Army Medical Department Special Pay Branch, stated:
a. The applicant requests a 4-year HPORB contract at $20,000.00/year linked with a 4-year HPOIP contract at $5,000.00/year, both effective retroactive to 11 June 2011 through 10 June 2015. The applicant indicates that the supplied Commander-approved contract was never processed.
b. Current policy requires contracts to be prepared and 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 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. A review of the applicant's personnel and finance data indicates the applicant has an active 4-year HPORB contract at $20,000.00/year payable in a lump sum annually with the linked 4-year HPOIP contract at $5,000.00/year payable at $416.66/month, both effective 11 June 2010 through 10 June 2014.
d. Based on the applicant's supplied 4-year HPORB contract at $20,000.00/year payable in a lump sum annually with the linked 4-year HPOIP contract at $5,000.00/year payable at $416.66/month, both effective 11 June 2011 through 10 June 2015, executed by signature and approved by the Commander, the applicant would be eligible as directed by the Board decision.
e. If processed, the Defense Finance and Accounting Service-Indianapolis (DFAS-IN) would need to establish new start and stop dates with future anniversary payments scheduled. There are no payments due with this change.
4. On 14 June 2013, the opinion was forwarded to the applicant for acknowledgement and comment. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was fully eligible for the requested HPORB and HPOIP contracts for the period 11 June 2011 through 10 June 2015 executed by signature and approved by the Commander.
2. In view of the facts in this case, he is entitled to payment of the HPORB and HPOIP with new start and stop dates established by DFAS-IN.
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 showing the applicant was approved for a 4-year HPORB contract at $20,000.00/year with a linked 4-year HPOIP contract at $5,000.00/year, both effective 11 June 2011 through 10 June 2015 with new start and stop dates established by DFAS-IN.
_________________________
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) AR20130008825
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