BOARD DATE: 13 May 2014
DOCKET NUMBER: AR20130020973
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 two separate applications, retroactive payment of a Health Professions Officer Incentive Pay (HPOIP) contract at $5,000.00/year, effective 1 October 2012.
2. The applicant states:
* He received the Army Board for Correction of Military Records (ABCMR) Record of Proceedings (ROP) for back pay of his board certification pay
* It stated he was entitled to both HPOIP and Health Professions Officer Board Certification Pay (HPOBCP) and that they both are in the system
* The Defense Finance and Accounting Service (DFAS) has failed to pay his HPOIP
* He went through a lengthy process that involved the post Inspector General (IG)
* It was determined that since it was not specifically stated in the conclusions section of the ABCMR ROP, DFAS would not pay him the incentive without going through this process again
* He believes DFAS is wrong and his incentive pay should be released immediately
* DFAS should adjust the amount he is owed because he was deployed for part of the period the incentive pay covers
* DFAS refuses to adhere to the guidelines and regulations of special pays and the IG at Fort Riley is actively involved in his case
3. The applicant provides:
* Email between him and Army officials
* Army Review Boards Agency letter, dated 5 March 2013
* Advisory opinion, dated 5 March 2013
* Army Medical Department (AMEDD) Special Pay Record Brief
CONSIDERATION OF EVIDENCE:
1. With prior enlisted and commissioned service, the applicant accepted an appointment as a captain in the Regular Army, in the Medical Specialist branch, on 3 August 2008.
2. The applicant deployed to Afghanistan on 22 August 2012.
3. On 16 December 2012, he submitted an application to the ABCMR requesting payment of an indefinite HPOBCP contract at $6,000.00/year retroactive to 26 April 2012.
4. During the review of his case, it was discovered that the applicant was not only eligible for retroactive HPOBCP, he is also eligible for HPOIP at $5,000.00/year, payable at $466/month, which should have been effective on 1 October 2012.
5. On 18 April 2013, the ABCMR granted relief in the applicant's case by recommending that his records be corrected by showing he entered into an indefinite HPOBCP agreement at $6,000.00/year payable at $500.00/month, effective 26 April 2012. The Board recommended that DFAS provide the applicant all retroactive HPOBCP pay due between 26 April 2012 and 30 September 2012.
6. According to the applicant and the available evidence, the applicant has not received HPOIP.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The agency responsible for administering AMEDD Special Pay Programs to include HPOIP confirms the applicant was eligible to execute an HPOIP contract at $5,000.00/year payable at 416.66, effective 1 October 2012. His failure to execute this contract was the result of the applicant's deployment, which was due to no fault of his own.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x__ ___x_____ ___x_____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant entered into an HPOIP agreement at $5,000.00/year payable at $466.66/month, effective 1 October 2012. DFAS should provide the applicant all retroactive HPOIP due between 1 October 2012 and 30 September 2013.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adjusting the amount of HPOIP because he was deployed for part of the stated period.
_______ _ 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.
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