IN THE CASE OF:
BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130017836
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 his Army Medical Department (AMEDD) Special Pay Bonus contract by changing the effective date from 1 August 2013 to 26 September 2012.
2. The applicant states:
* He believes the 1 August 2013 signing date is in error because the memorandum dated 26 September 2012 was never disseminated to eligible officers until 1 August 2013
* He is attaching an email showing he inquired about the change of policy in March 2012
* He never received a response from Washington; he has since learned that the Kentucky Army National Guard (KYARNG) incentives officer was on active duty and could not follow up on the change of policy
* The day he learned of his eligibility, he applied for the bonus and he was informed that the date could not be retroactive regardless of whether he had been properly informed or not
* Had he been aware of his eligibility in September 2012, he would have signed up immediately; the KYARNG incentives officer was extremely helpful in the process, but he was on active duty at the time of the policy change
* Accordingly, eligible Soldiers like himself were not notified by replacement personnel of the change in policy
3. The applicant provides a National Guard Bureau (NGB) memorandum, dated 26 September 2012, Subject: Announcement of Approved Exception to Department of Defense Instructions 1205.21 "Reserve Component Incentives Program Procedures" and an email, dated 28 February-2 March 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant in currently serving in the KYARNG as a colonel in the Dental Corps.
2. In the processing of this case, an advisory opinion was obtained from the NGB, Personnel Policy Division. The advisory opinion states:
a. On 26 September 2012, the NGB published a memorandum announcing Special Pay Bonus eligibility for certain AMEDD officers on a by-name list. The memorandum is for Special Pay Bonus exception to contract authorization for AMEDD officers who reached their retirement eligibility date or mandatory removal date (MRD) and health professionals who extended their MRD to the end of the renewed service agreement.
b. The applicant requests his contract to retroactively begin on 26 September 2012 because the memorandum stating his eligibility was not disseminated to him in a timely manner; he contracted for the incentive as soon as he learned he was eligible. Although eligible earlier, he is not entitled to the incentive until he contracts for it. The applicant signed a contract for this incentive on 1 August 2013.
c. The 26 September 2012 memorandum does not address retroactive bonus contracts; however, by law, the incentive begins on the date the officer accepts the award.
d. The review and recommendation of this case was in coordination with NGB Officers Incentive Branch - ARNG - Human Resource Management.
e. The State of Kentucky concurs with their recommendation.
3. The advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
4. He provides an email showing that on or around 28 February 2012, he inquired about AMEDD special pay incentives. The type of incentive discussed in the email cannot be determined.
5. Title 37, U.S. Code, section 302g (Special Pay: Selected Reserve Health Care Professionals in Critically Short Wartime Specialties) provides that an officer of a Reserve component of the armed forces who executes a written agreement under which the officer agrees to serve in the Selected Reserve of an armed force for a period of not less than one year nor more than three years, beginning on the date the officer accepts the award of special pay under this section, may be paid special pay at an annual rate not to exceed $25,000.
DISCUSSION AND CONCLUSIONS:
1. He contends that the memorandum authorizing the bonus was not disseminated until 1 August 2013; however, he failed to provide sufficient evidence that substantiates his contention.
2. He provides an email indicating he inquired about a bonus in February 2012; however, the type of incentive discussed in the email cannot be determined. Additionally, the authorization for the bonus was not released until 26 September 2012, almost seven months after he inquired about a certain pay incentive. Aside from the email provided, there is no evidence indicating the applicant requested information related to the bonus in question or any other pay incentive.
3. Based on the foregoing and the fact that the State of Kentucky concurs with the NGB recommendation, there is no basis to grant the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20130017836
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