IN THE CASE OF:	  

		BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20140006237 


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 effect, retroactive payment of her Health Professions Officer Incentive Pay (HPOIP) effective as of 15 July 2013 vice 
11 March 2014.

2.  She states her specialty pay contract was processed based on the date of her signature, 11 March 2014.  However, she is requesting that it be backdated to 
15 July 2013, her initial active Army start date.  

3.  She provides a memorandum, Subject:  Request for HPOIP and her Veterinarian License.

CONSIDERATION OF EVIDENCE:

1.  On 15 July 2013, the applicant accepted an appointment as a Reserve commissioned officer in the rank/grade of captain/O-3 in the Veterinarian Corps.  

2.  On 6 June 2013, she received her Veterinarian license from the State of California which remains valid through 28 February 2015.

3.  On 11 March 2014, she signed a memorandum, Subject:  Request for HPOIP. In the memorandum she acknowledged she understood that the period of continuous active duty that she agreed to serve would be effective 12 October 2013 and in consideration of entering into the agreement, the U.S. Army agreed to pay her $2,500.00 yearly, subject to availability of the funds.

4.  During the processing of this case, on 13 June 2014, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG).  The advisory official stated:

	a.  The applicant requests retroactive payment of an HPOIP contract at $2,500.00 a year from 15 July 2013 based on her initial active duty start date versus her current effective date of 11 March 2014, the contract date of signature.

	b.  The advisory official stated the general eligibility for the HPOIP contract requires the officer to have a full unrestricted license and be a graduate of the Basic Officer Leadership Course.

	c.  A review of special pay and finance records indicated the applicant's HPOIP contract at $2,500.00/year (payable $208.33/month) was effective
12 October 2013, but was executed by signature and payments started on 
11 March 2014.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting a contract be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, 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.  

	d.  Since there are no details presented to support the HPOIP contract being effective retroactive to the applicant's entry on active duty of 15 July 2014, this issue cannot be supported.  

	e.  The applicant did meet the eligibility criteria for the HPOIP contract at $2,500.00/year, payable $208.33/month, on the contract with an original effective date of 12 October 2013.  Failure to complete the contract by execution of signature within policy timeframe would deny payment for the effective date; however, the delay in the contract preparation appears not to have been the fault of the applicant.  Therefore, the original contract effective date of 12 October 2013 can be supported for retroactive pay authorization and date adjustment.  

	f.  The applicant would be due approximately $1,042.00 for the 5-month period of 12 October 2013 through 11 March 2014.  The exact amount of payment would be determined by the Defense Finance and Accounting Service (DFAS).

5.  On 17 June 2014, a copy of the advisory opinion was sent to the applicant for information to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence partially supports the applicant's request to receive retroactive HPOIP. 

2.  There is no evidence and the applicant did not provide any to support her effective date of 15 July 2013 for retroactive payment of HPOIP.  In the memorandum, Subject:  Request for HPOIP, she signed the memorandum on
11 March 2014 which showed she understood the period of continuous active service she agreed to serve would be effective 12 October 2013.  Further, the advisory official stated the applicant's request for retroactive payment of HPOIP as of 15 July 2013 could not be supported since there were no details presented to support the HPOIP.  Therefore, she is not entitled to an adjustment of her effective date of payment for HPOIP to 15 July 2013.

3.  However, the advisory official stated the applicant was eligible for HPOIP beginning 12 October 2013 (the effective date of her HPOIP contract), but she failed to sign the contract until 11 March 2014.  He further stated the delay in her contract preparation appears not to have been the fault of the applicant.  Therefore, her original contract date of 12 October 2013 can be supported for retroactive pay authorization for approximately $1,042.00 for the 5-month period of 12 October 2013 through 11 March 2014.

4.  In view of the foregoing, the applicant's record 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 the evidence presented is 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:

	a.  showing she entered into an HPOIP contract and signed that contract on 12 October 2013 in a timely manner; and
   
	b.  paying her retroactive HPOIP in accordance with her contract for the period 12 October 2013 through 11 March 2014 in the approximate amount of $1,042.00, the exact amount to be determined by DFAS.

2.  The Board further determined that the evidence presented is 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 a contract effective date of
15 July 2013 for HPOIP.



      _____________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)                                         AR20140006237



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ABCMR Record of Proceedings (cont)                                         AR20140006237



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