IN THE CASE OF:	  

		BOARD DATE:  1 August 2013

		DOCKET NUMBER:  AR20130009790 


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 1-year Health Professions Officer Incentive Pay (HPOIP).

2.  The applicant states:

	a.  She is currently not receiving her HPOIP in accordance with Title 37, U.S. Code, section 335, Army Health Professions Officer Special Pay Policy, Plan and Rates for Consolidation of special pay messages.  The U.S. Army agreed to pay incentive pay to her on a monthly basis subject to the availability of funds, at the amount of $2,500.00 per year.  She is currently receiving incentive pay at a lower rate of $1,200.00 per year.  She is an Army veterinarian with an active license through the state of Kansas.

	b.  She thought the request for the HPOIP was submitted when she in processed into the unit; however, she discovered recently that it was never submitted.

3.  The applicant provides copies of her license and her request for the HPOIP, dated 13 May 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the U.S. Army Reserve, Medical Services Corps, effective 14 May 2004.

2.  She provides:

* a Veterinary Medicine license with an expiration date of 30 June 2013
* a request for HPOIP with an effective date of 1 October 2012, dated
13 May 2013

3.  During the processing of this case, on 17 June 2013, an advisory opinion was provided by the Chief, AMEDD Special Pay Branch.  The advisory official stated:

	a.  The applicant is requesting retroactive payment of the supplied 1-year HPOIP contract at $2,500.00 per year effective 1 October 2012 through 30 September 2013, executed by signature on 13 May 2013 and approved by the Commander.  The applicant indicates this request was never processed.

	b.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting a contract to 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 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 special pay and finance records indicates the applicant has been receiving Veterinary Duty Pay (VDP) at $100.00 per month since accession on 16 June 2012.  There is no record the applicant supplied a 1-year HPOIP contract at $2,500.00 per year effective 1 October 2012 through 30 September 2013.

	d.  Based on the supplied 1-year HPOIP contract at $2,500.00 per year effective 1 October 2012 through 30 September 2013, although executed well beyond the policy window for signature on 13 May 2013, it was approved by the Commander and the applicant would be eligible for retroactive payment as directed by Board decision.  If processed, the VDP would be stopped with prorated recoupment effective 1 October 2012 through contract processed period; VDP is not authorized when taking the HPOIP contract.

4.  On 2 July 2013, the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

5.  On 29 July 2013, a staff member of the Office of The Surgeon General, AMEDD Special Pay Branch clarified that a license must only be active sometime during the period of the contract.  The officer then signs the contract that 

indicates (initials) "I am licensed in the state of jurisdiction of ___________ and I will keep my license current during the HPOIP agreement."  Therefore, the officer must keep his/her license active.  If their license expires, the officer is not able to practice and in turn, the Command notifies this office of the lapsed license to terminate special pay.

6.  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.

7.  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.

8.  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

9.  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.  The evidence of record shows the applicant was fully eligible and approved for the requested 1-year HPOIP contract.

2.  In view of the facts in this case, she is entitled to payment of the 1-year HPOIP at $2,500.00 per year effective 1 October 2012 through 30 September 2013.

3.  As stated in the OTSG advisory opinion, the applicant's VDP would be stopped with prorated recoupment effective 1 October 2012 through contract processed period because VDP is not authorized with receipt of the HPOIP contract.

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:

* 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)                                         AR20130009790



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ABCMR Record of Proceedings (cont)                                         AR20130009790



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