IN THE CASE OF:
BOARD DATE: 11 September 2014
DOCKET NUMBER: AR20140007476
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 29 July 2013.
2. The applicant states when she initially reported to Fort Campbell, KY, she was told that she was not eligible for her full entitlement of veterinary special pay. Upon research, she was told that she could receive special pay of $2,500/year. She did not know who to go to for the correct answer, and upon investigating, she was told who the point of contact was. After contact with this person, she was allowed to do the contract, and immediately signed the contract for processing. At that time she was told that she would have to do an application to this Board to go back to the effective date when the contract should have been initiated, which is 29 July 2013. Due to no fault of her own, she was not allowed to request for the HPOIP when she was eligible for it.
3. The applicant provides:
* Email correspondence
* Special pay slides
* DA Form 1059 (Service School Academic Evaluation Report) and diploma
* Certificate of Doctor in Veterinary Medicine
* State of Colorado Veterinarian license
* DA Form 31 (Request and Authority for Leave)
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 5 August 2008.
2. She entered active duty for training (ADT) on 22 March 2009 and attended and completed the Army Medical Department (AMEDD) Officer Basic Leader Course (BOLC) from 22 March to 22 May 2009. She was honorably released from ADT on 22 May 2009.
3. She was promoted to first lieutenant on 4 February 2010 and she was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 13 September 2010.
4. She was appointed as a Reserve commissioned officer of the Army on 14 September 2010. She was transferred to the USAR Control Group (Officer Active Duty Obligator) on 7 February 2011.
5. She was awarded a Doctor of Veterinary Medicine on 19 May 2013.
6. She was appointed as a Regular Army commissioned officer in the rank of captain and executed an oath of office on 17 June 2013.
7. She attended and successfully completed the Health Professions Scholarship Program Reserve Component Veterinary Corps BOLC from 18 June to 23 July 2013.
8. On 17 July 2013, the State of Colorado issued her a Veterinarian License, expiring on 31 October 2014.
9. On 30 June 2014, an advisory opinion was received from Office of The Surgeon General (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 29 July 2013. A review of special pay and finance records indicates she was eligible for the HPOIP contract at $2,500/year payable at $208.33/month effective 29 July 2013, upon graduating from BOLC and issuance of the license.
b. Although she never executed an HPOIP contract, she met the eligibility for the HPOIP contract at $2,500/year, payable at $208.33/month. The Defense Finance and Accounting Service (DFAS) has the authorization for retroactive disbursement. This rate will continue to pay until her active duty obligation expires. At that time, she must submit a new HPOIP contract for the higher amount of $5,000/year rate. Failure to complete the contract by execution of signature within policy timeframe will deny payment.
c. Since she will receive the HPOIP, she is no longer eligible to receive Veterinary Duty Pay at $100/month and it will be terminated effective 28 July 2013 with collection from 29 July 2013 to date.
10. The applicant was provided a copy of this advisory opinion but she did not respond.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. A review of the applicant's pay records indicates that she was eligible for HPOIP effective 29 July 2013; however, she never executed an HPOIP contract. This was possibly due to improper counseling and/or lack of personnel support at her unit. Her records should be corrected to show she submitted a contract in July 2013 for the HPOIP.
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 timely executed an HPOIP contract at $2,500/year; payable at $208.33/month commencing 29 July 2013
* showing her contract was timely received and processed by the appropriate office
* terminating her Veterinary Duty Pay at $100/month effective 28 July 2013
* paying her any back pay, beginning on 29 July 2013 less her Veterinary Duty Pay at $100/month 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) AR20140007476
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ABCMR Record of Proceedings (cont) AR20140007476
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