IN THE CASE OF

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20140004637 


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 payment of a Health Professions Officer Incentive Pay (HPOIP) contract at $2,500/year effective 30 September 2010.  

2.  The applicant states, in effect:

   a.  She never received any of the $2,500 Veterinary Incentive Pay for 
30 September 2010 despite submitting the contracts in the appropriate window.  She has tried to do this administratively (she was able to receive the payment for 
30 September 2009; but they could not give her the payment for 30 September 2010).  The Office of the Surgeon General (OTSG) indicated they did not receive her contract even though it was sent through her chain of command.  She cannot prove this as she was deployed to the Horn of Africa when the contracts were submitted and they were submitted through the local Nonsecure Internet Protocol Outlook account, which she lost access to when she redeployed.  However, she did send a few things through Army Knowledge Online (she has submitted that email traffic) and would like it to be reviewed.  If nothing else, she can prove she was eligible to receive the incentive pay during the time stated. 

	b.  Additionally, she was eligible to renegotiate her contract for the $5,000 Veterinary Incentive Pay in June 2012 based on her obligation but did not do so due to a lack of knowledge that it was a possibility.  If possible, she would like to renegotiate those contracts based on the fact that she could have done so before the 4 March 2013 cutoff date.  She made the submission for Incentive Pay as requested through her chain of command.  She submitted the contracts on time. 
   c.  She also had finance take back her Veterinary Special Pay as required.  She did not receive the Veterinary Special Pay or incentive pay for the period 2010-2011.  She submitted them during a period when OTSG was just beginning the process for the incentive pay.  She is not the only one who was not paid, and there are many 64A (Field Veterinary Service) officers who have already left the military without receiving the pay they were due.  She thinks they were still having problems processing the incentive pay contracts at the time of the mistake and OTSG lost her contract.

3.  The applicant provides:

* State of Alaska license
* State of Kansas license
* Mobilization Orders
* Request for HPOIP
* Permanent change of station orders
* Email
* Courtesy Notification of Indebtedness
* All Army Activities (ALARACT) 195/2010 (Army Special Pay Plan for Licensed Clinical Psychologists, Social Workers, Physician Assistants, and Veterinarians) 
* Army Medical Department (AMEDD) Special Pay Record Brief
* Leave and Earnings Statements (LES)
* Certificate of marriage
* Temporary change of station orders

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 6 June 2006.  

2.  On 14 June 2009, she executed an oath of office as a Regular Army commissioned officer.  Subsequently, the U.S. Army Human Resources Command determined her adjusted CPT date of rank was 11 June 2009. 

3.  She attended the AMEDD Basic Officer Leader Course from 15 June to 
31 August 2009.

4.  She was assigned to the Alaska District Veterinary Command, Fort Wainwright, AK, beginning September 2009.  She served in a variety of assignments while in Alaska and she also deployed to Djibouti from September 2010 to on or about January 2011. 

5.  She was licensed as a Veterinarian in the state of Alaska from 27 April to 
31 December 2010.  She was also issued a license by the State of Kansas that expired on 30 June 2011 and another that expired on 30 June 2014.  

6.  She was reassigned to the 80th Civil Affairs Battalion, at Fort Bliss, TX, in or around May 2013. 

7.  On 12 June 2014, an advisory opinion was received from OTSG in the processing of this case.  The advisory official stated: 

	a.  The applicant is requesting retroactive payment of an HPOIP contract at $2,500/year effective as of 30 September 2010.  She indicates the contracts she submitted were never properly processed for authorization of payment.  She also indicates she was unaware of the ability to renegotiate the HPOIP contract to $5,000/year effective 1 June 2012 and retroactive pay as of that date.  A review of special pay and finance records indicate:

		(1)  Her July 2013 LES shows a Save Pay release of $2,708.33 which was payment of HPOIP for the period 1 October 2009-30 September 2010 at $2,500, plus the current payable HPOIP at $208.33/month rate.

		(2)  Her May 2013 LES shows a Save Pay release of $5,208.33 which was payment of HPOIP for the periods 1 October 2010-30 September 2011 and 1 October 2011-30 September 2012 totaling $5,000, plus the current payable HPOIP at $208.33/month rate.

		(3)  Monthly LES shows the officer has been receiving HPOIP at $208.33/month from 1 October 2012 to date.  

	b.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the 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.  She has been paid HPOIP at $2,500/year ($208.33/month) for the period 
1 October 2009 to date.  There is no action required for retroactive payments at this rate.  



	d.  She was eligible to receive the higher HPOIP at $5,000/year, payable at $416.66/month commencing 11 June 2012 if her contract was submitted.  Failure to complete all contractual actions would deny payment of the period.  Any retroactive payment authorized retroactive for this period would be due an additional $208.33/month for the period 11 June 2012-10 June 2014.  This office has started the HPOIP at $5,000/year, payable $416.66/month commencing 
11 June 2014.

8.  The applicant was provided a copy of this advisory opinion but she did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's pay records indicate that she has been paid HPOIP at $2,500/year ($208.33/month) for the period 1 October 2009 to date.  There is no action required for retroactive payments at this rate.  

2.  She was eligible to receive the higher HPOIP at $5,000/year, payable at $416.66/month commencing 11 June 2012 if her contract was submitted.  It appears she did not submit a contract and as a result, she was not paid the higher amount.  Failure to complete all contractual actions would deny payment of the period.  

3.  Any retroactive payment authorized for this period would be due at an additional $208.33/month for the period 11 June 2012-10 June 2014.  OTSG has started the HPOIP at $5,000/year, payable $416.66/month commencing 11 June 2014.   Her records should be corrected to show she submitted a contract in June 2012 for the higher amount.

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:

* showing the applicant executed an HPOIP contract at $5,000/year; payable at $416.66/month commencing 11 June 2012
* showing her contract was timely received and processed by the appropriate office
* paying her any back pay, beginning on 11 June 2012 and ending on 11 June 2014, 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)                                         AR20140004637



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004637



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1