BOARD DATE:	  14 January 2015

		DOCKET NUMBER:  AR20140002767 


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 full payment for a health care professional bonus (now called special pay) at the rate of $20,000 annually based on an August 2012 contract.

2.  The applicant states he was told he would need an exception to policy to be paid the requested bonus, then told twice that his bonus would finally be paid only to be later told that it would not be paid.  He states that a contract was signed for a bonus to be paid.  He fulfilled his end of the contract and the bonus was not paid.  He states that in September 2013 he was asked to sign a new 
3-year contract for $20,000 per year, which he did on 24 September 2013.  In October 2013, he was asked to sign an amendment to special pay to change the amount from $20,000 to $15,000, which he did.  Officer Strength Management has informed him that there is no intention to pay the contracted bonus from 11 August 2012 through 24 September 2013.  During that time he served as the battalion medical officer for the 206th Engineer Battalion in Owensboro, KY.  He fulfilled all duty with that unit.

3.  The applicant provides:

* Army Medical Department (AMEDD) Selection Board Results for Army National Guard (ARNG)
* National Guard Bureau (NGB) Form 337 (Oaths of Office)
* U.S. Army Recruiting Command (USAREC) Form 1103 (Incentive Enrollment Data Sheet), dated 11 August 2012
* USAREC Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract – Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties)
* Addendum to USAREC Form 1166-R-E, for Retention Bonus Applicant
* USAREC Form 1103, dated 24 September 2013
* USAREC Form 1166, dated 24 September 2013
* Addendum to USAREC Form 1166-R-E, for Retention Special Pay
* Amendment to Special Pay for [Applicant]
* Fiscal Year 2012-2013 ARNG AMEDD Officer Incentives Policy

CONSIDERATION OF EVIDENCE:

1.  On 11 August 2009, the applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant in the Kentucky ARNG (KYARNG).  He was assigned to the Army Nurse Corps.  His record shows his primary specialty as 66P (Family Nurse Practitioner).

2.  His records contain a USAREC Form 1166, dated 11 August 2009, which shows he contracted for SELRES Special Pay in the amount of $20,000 annually for a period of 3 years, ending on 10 August 2012.

3.  He was promoted to the rank of captain on 10 January 2011.

4.  A review of his records failed to reveal a 3-year SELRES Special Pay contract at $20,000 per year effective 11 August 2012 or later.

5.  He submits a USAREC Form 1166, which shows he would be entitled to SELRES Special Pay in the amount of $20,000 annually for service in specialty 66P for a period of 3 years.  The form is void of the applicant's signature.  The form was certified by the Officer Strength Manager on 11 August 2012.

6.  He submits an Addendum to USAREC Form 1166-R-E, authenticated by his signature on 12 August 2012.  The form was certified on the same date. 

7.  He submits a second USAREC Form 1166, which shows he would be entitled to SELRES Special Pay in the amount of $20,000 annually for service in specialty 66P for a period of 3 years.  He authenticated the form with his signature on 24 September 2013.  The form was certified by the Officer Strength Manager on the same date.  He also submits an Addendum to USAREC Form 1166-R-E, authenticated by his signature and certified on the above date.

8.  A KYARNG Memorandum, subject:  Amendment to Special Pay Packet for [Applicant], dated 29 October 2013, states that due to an administrative error:
   a.  the USAREC Form 1166 [dated 24 September 2013] for the applicant was corrected as follows:  Section II - Entitlement and Recoupment, as reads:  $20,000; changed to read:  "$15,000" and

	b.  the Addendum to the USAREC Form 1166 for the applicant was corrected as follows:  Section II, SELRES Representative, as reads:  "Service member initialed boxes," changed to read "SELRES Representative initials boxes."

	c.  The memorandum was signed by the applicant.

9.  In connection with the processing of this case, an advisory opinion was obtained from the ARNG, Personnel Policy Division.  

	a.  The advisory official stated that a 3-year contract was drafted and dated 11 August 2012 for the applicant's bonus for a total amount of $60,000, which was not signed by the applicant for unknown reasons.

	b.  On 24 September 2013, the applicant signed a contract for a total of $60,000 in primary specialty 66P to be paid annually for 3 years in the amount of $20,000 per year.  However, this contract was amended by a memorandum from the KYARNG, dated 29 October 2013, to reflect the contract amount of $15,000 annually.  The KYARNG stated the reason for the adjustment of the terms of the contract was due to a change in policy.

	c.  Upon coordination with the NGB Incentives Program Manager, the uploaded contract in the Guard Information Management System (GIMS) was changed to make three $15,000 payments.  The contract for 2013 is signed by all parties and is for the correct amount of $20,000 for 3 years.  Additionally, according to ARNG, Human Resource Management, there is no evidence that the 66P specialty was ever reduced from $20,000 to $15,000.

	d.  Upon coordination with the KYARNG, the applicant has received $30,000 of the $45,000 total from the amended contract he signed in September 2013.

	e.  The advisory official recommends that the applicant's final payment be for the amount of $20,000 and that he be paid the additional $10,000 for the difference in his previous two payments.  The KYARNG does not concur with this recommendation.

10.  The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He stated in his response that though it took several months and significant difficulty, he was able to obtain a copy of the bonus contract which was signed by all parties and dated 11 August 2012 for a $20,000 bonus to be paid annually for 3 years.  He states that he suspects this contract was never uploaded into the GIMS because he was told by Lieutenant O that there was a problem with the bonus within a few days of signing it.  He enclosed an Incentive Enrollment Data Sheet which states the incentive start date is 11 August 2012; the contract, dated 11 August 2012 and signed by both parties; and the Addendum to USAREC Form 1166-R-E, dated 12 August 2012 and signed by both parties.  

11.  NGB Memorandum, subject:  Fiscal Year 2012-2013 ARNG AMEDD Officer Incentives Policy (MEDSOM #12-001), dated 18 January 2012, provided updated guidance for the SELRES AMEDD Incentive Programs.  Paragraph 7 (Special Pay) states, in pertinent part, that individuals contracting for special pay-approved ARNG specialties would receive $5,000 to $25,000 per year, depending on their specialty.  It shows family nurse practitioners (66P) would receive $20,000 per year for a 3-year contract.  Taxes are withheld.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant executed a USAREC Form 1166 in August 2009 for 3 years for $20,000 annually and was paid for that contract.

2.  Notwithstanding that it is unclear based on the available evidence whether the applicant signed a USAREC Form 1166 on 11 August 2012, evidence indicates he was eligible for SELRES special pay at that time.  Evidence shows he signed an Addendum to USAREC Form 1166 on 12 August 2012.

3.  On 24 September 2013, he executed a new contract showing he was entitled to $20,000 annually, which was amended in October 2013 to show he was entitled only to $15,000 per year for 3 years effective 24 September 2013. 

4.  The ARNG, Personnel Policy Division stated the applicant had already been paid $30,000 of the $45,000 total from the amended contract he signed in September 2013 and that there was no evidence to show the 66P special pay amount was reduced from $20,000 to $15,000.  Notwithstanding the KYARNG's non-concurrence, the ARNG Personnel Policy Division recommends that the applicant's final payment be for the amount of $20,000 and that he be paid the additional $10,000 for the difference in his previous two payments.

5.  Given that he received special pay for 3 years immediately prior to August 2012 and again effective September 2013 and was otherwise eligible for special pay in August 2012, it appears the USAREC Form 1166 missing his signature was the result of an administrative error.  As such, it would be in the interest of equity and justice to approve the applicant’s request to show he properly executed a SELRES special pay contract for 3 years at $20,000 annually effective 11 August 2012 and pay him accordingly.

BOARD VOTE:

___x_____  __x______  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  showing he timely executed a USAREC Form 1166 at $20,000.00 per year each for the period 11 August 2012 - 10 August 2015;

	b.  showing the appropriate office timely received and processed his special pay contract; and

	c.  paying him all back special pay that may be 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)                                         AR20140002767



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ABCMR Record of Proceedings (cont)                                         AR20140002767



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