BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130009419 


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 correction of her records to show she was authorized Health Professions Officer Incentive Pay (HPOIP) retroactive to 1 July 2012.

2.  The applicant states she completed her initial active duty service obligation (ADSO) and was eligible for renewal of HPOIP effective 1 July 2012.  At the time, she was deployed, serving in a combat zone and unable to submit a renewed contract.  Upon returning to Fort Bragg, NC, she submitted a new contract.  However, the regulatory guidance precluded her from submitting the contract with a retroactive effective date.

3.  The applicant provides copies of her deployment orders, professional license, and two HPOIP contract requests.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a commissioned officer in the Regular Army (RA) in the rank of captain/pay grade O-3, on 1 July 2008, with a 3-year ADSO.
   
2.  The applicant is currently serving on active duty in specialty 64A (Veterinarian).

3.  In support of her request, the applicant provides the following documents:

   a.  A Request for HPOIP, dated 20 December 2012, that shows the applicant indicated her specialty is Veterinarian, Practical, Field Veterinary Service (64A); that she is licensed in the State of Illinois; and the license expiration date is 
31 January 2013.  In consideration of her entering into the agreement, she agreed to serve 1 year of continuous active duty (effective 10 December 2012) and the U.S. Army agreed to pay HPOIP on a monthly basis, at the amount of $5,000 per year.  The HPOIP contract does not show that it was authenticated by the approving authority.

   b.  A Request for HPOIP, dated 1 February 2013, that shows the applicant indicated her specialty is Veterinarian, Practical, Field Veterinary Service (64A); that she is licensed in the State of Illinois; and the license expiration date is 
31 January 2015.  In consideration of her entering into the agreement, she agreed to serve 1 year of continuous active duty (effective 1 July 2012) and the U.S. Army agreed to pay HPOIP on a monthly basis, at the amount of $5,000 per year.  The HPOIP contract was approved; however, it does not show the date of approval.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA.

   a.  The advisory official recommends administrative relief.

   b.  He states that requests for HPOIP are initiated by the officer and the officer must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the contract be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date, otherwise the effective date must be reestablished as date of signature.

 	 	(1)  Applicant's initial training obligation expired 1 July 2012.  A review of available personnel and pay records indicate she executed and was paid annual HPOIP contracts at $2,500 per year effective 1 October 2009, 1 October 2010, and 1 October 2011.

    	(2)  Applicant submitted an incomplete HPOIP contract lacking the correct effective date and command approval, but it was within the window for execution by signature, if utilizing the initial contract date.



   c.  The advisory official concludes the applicant is eligible for a 1-year HPOIP contract at the increased rate of $5,000 per year; payable at $416.66 per month 
for the period 1 July 2012 through 30 June 2013.  Payment with obligation would be as directed by the Board.

5.  On 26 June 2013, the applicant was provided a copy of the advisory opinion in order to allow her the opportunity to submit comments or a rebuttal.  To date, the applicant has not provided a response.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was serving on active duty and licensed as a veterinarian at the time she executed a request for an HPOIP contract with an effective date of 10 December 2012.  However, for reasons that are not clear, the request was not acted upon.

2.  On 1 February 2013, the applicant executed another request for an HPOIP contract with a requested effective date of 1 July 2012.  The request was approved; however, based on the date the applicant signed the request, the earliest date the HPOIP contract could be effective was 1 February 2013.

3.  The evidence of record shows the applicant is eligible for the requested retroactive increase to her 1-year HPOIP contract in the amount of $5,000 per year effective 1 July 2012.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records to show she is entitled to HPOIP effective 1 July 2012 through
30 June 2013 in the amount of $5,000.

5.  As a result of this correction, the applicant is entitled to a total of $5,000 in HPOIP for the period 1 July 2012 through 30 June 2013 with no additional active duty service obligation.

BOARD VOTE:

_X____  __X______  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 the applicant is entitled to Health Professions Officer Incentive Pay in the total amount of $5,000.00 effective 1 July 2012 through 30 June 2013 and, therefore, entitled to $5,000.00 in Health Professions Officer Incentive Pay.

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of $5,000.00 in Health Professions Officer Incentive Pay effective 1 July 2012 through 30 June 2013 (less taxes) that may be due the applicant 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.

ABCMR Record of Proceedings (cont)                                         AR20130009419



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ABCMR Record of Proceedings (cont)                                         AR20130009419



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