IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130011784
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 retroactive Dental Officer Variable Special Pay (VSP) from 1 August 2012 through 28 May 2013.
2. The applicant states the proper documentation was not provided in order to establish her VSP.
3. The applicant provides her orders to active duty.
CONSIDERATION OF EVIDENCE:
1. She was commissioned a second lieutenant in the U.S. Army Reserve on
19 June 2008.
2. She was ordered to active duty effective 1 August 2012 in the rank of captain in the Dental Corps. Her orders stated she was eligible for VSP.
3. In the processing of this case, on 3 July 2013 an advisory opinion was obtained from the AMEDD Special Pay Branch, Office of the Surgeon General (OTSG). The advisory official stated:
a. The entitlement to VSP was never initiated by finance at her entry on active duty through 28 May 2013.
b. The applicant was eligible to receive the VSP entitlement for the 10-month period from 1 August 2012 - 28 May 2013. Finance entry should utilize Format ID 20 (Dental Officer VSP) and Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 August 2012 for the correct pay rate level.
4. On 10 July 2013, a copy of the advisory opinion was furnished to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
5. Section 060501, Volume 7A, Chapter 6 (Special Pays for Dental Officers) of Department of Defense 7000.14-R (Financial Management Regulation) states an officer of the Dental Corps of the Army designated as a dental officer on active duty under a call or order to active duty for a period of not less than 1 year is eligible for VSP. He/she must possess a current, valid, and unrestricted license or approved waiver.
DISCUSSION AND CONCLUSIONS:
1. The applicant's orders to active duty indicate she was eligible for VSP. OTSG also states she is eligible to receive VSP for the period 1 August 2012 - 28 May 2013.
2. It appears that due to an administrative error, the proper finance documentation was not provided to initiate VSP upon her entry on active duty. Therefore, it would be appropriate at this time to correct her record to provide for payment of VSP effective the date of her entry on active duty.
3. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 the proper documentation was timely received and processed by the appropriate office to establish her entitlement to VSP for the period 1 August 2012 - 28 May 2013 based on an HPPED or finance MS-Pay Date of 1 August 2012; and
b. paying her any pay due 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) AR20130011784
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ABCMR Record of Proceedings (cont) AR20130011784
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