BOARD DATE:	  12 August 2014

		DOCKET NUMBER:  AR20140007599 


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 the Health Professions Officer Incentive Pay (HPOIP) contract at $2,500/year effective 31 August 2013, instead of the current effective date of the HPOIP contract, which is 1 March 2014.

2.  The applicant states when he initially reported to Fort Campbell, KY he was told he was not eligible for the full entitlement of his special pay.  However, after conducting some research, he was later told he could receive special pay at a rate of $2,500.00 per year.  He did not know who to go to for the correct answer, and upon investigating, was directed to the correct point of contact (POC).  He contacted the POC, and immediately executed and signed the contract for processing.  When he executed his contract the POC informed him he would have to submit a request to the Army Board for Correction of Military Records (ABCMR) to request his contract be effective on 31 August 2013, the date the contract should have been initiated.  Due to no fault of his own, he was not allowed to request HPOIP when he was eligible.  

3.  The applicant provides:

* Orders Number A-03-304222, dated 20 March 2013
* Doctor of Veterinary Medicine Degree, dated 11 May 2013
* License of Veterinary Medicine (certificate and license), dated 11 June 2013
* Certificate of completion/Academy of Health Sciences Diploma, Basic Officer Leader Course (BOLC), dated 27 July 2013

* DA Form 1059 (Service School Academic Evaluation Report), dated 
 August 2013
* DA Form 31 (Request and Authority for Leave), dated 21 August 2013
* Certificate of completion/Academy of Health Sciences Diploma BOLC, dated 29 August 2013
* Email transmissions, dated 8 April 2014, 9 April 2014, 10 April 2014, and 15 April 2014
* Four pages of PowerPoint slides, dated 18 April 2014
* Two Officer Record Briefs (ORB)

CONSIDERATION OF EVIDENCE:

1.  After having previous service as a commissioned officer, the applicant was appointed as a Regular Army commissioned officer in the Veterinary Corps 1 July 2013.  He attended and successfully graduated from the AMEDD BOLC from 2 July 2013 to 29 August 2013.  

2.  Orders Number 273-005, issued by the U.S. Army Human Resources Command on 30 September 2013, determined his promotion to captain (CPT) effective date of rank was 30 June 2013. 

3.  He was licensed as a Veterinarian in the state of Mississippi on 11 June 2013 to an unknown date.  He was also issued a license by the state of Tennessee on an unknown date.  His Tennessee license is valid through 31 January 2015.  

4.  He provided a series of email transmissions, dated 8 April 2014, 9 April 2014, 10 April 2014, and 15 April 2014.  These emails indicated he and several of his peers were not made aware of the proper procedures to execute the HPOIP process.  Eventually, he and his peers were directed to the correct POC.  Their POC questioned other officials in the process as to why the applicant and his peers were not informed of the proper procedures and had not executed their contracts on their eligibility date.  

5.  An advisory opinion was received from OTSG on 16 June 2014 in the processing of this case.  The advisory official addressed the applicant’s request for retroactive payment of his HPOIP contract at $2,500.00 per year effective as of 29 August 2013, based on his graduation from BOLC.  The advisory official stated the general eligibility for the HPOIP contract requires an officer to have a full unrestricted license and be a graduate of BOLC.  The official further stated:

	a.  A review of the special pay and finance records indicates the applicant was eligible for the HPOIP upon graduation from BOLC on 29 August 2013.  The applicant did not submit an HPOIP contract for $2,500.00 per year, payable at $208.33 per month, effective 29 August 2013.  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 effective date; otherwise, the effective date must be reestablished as date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action.

	b.  Although the applicant never executed an HPOIP contract, he did meet the eligibility criteria for the HPOIP contract for $2,500.00 per year, payable at $208.33 per month, effective 29 August 2013.  Failure to complete the contract by execution of signature within a policy timeframe would deny payment on the effective date; however, the email correspondence provided by the applicant appears to have confused the requirements of the contract, which is not the applicant's fault.

	c.  The applicant is eligible for the HPOIP contract, initiated retroactive to 29 August 2013, with the establishment of indefinite monthly payments under Format Identifier (FID) 09-Save Pay.  Furthermore, since the applicant will receive HPOIP, he is no longer entitled to Veterinary Duty Pay (VDP) at $100.00 per month (FID 28-VDP) and it must be terminated as of 29 August 2013, with collection from 29 August 2013 to the current date.

6.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates the applicant did not perform his part of the process because he was not properly or timely advised about the HPOIP.   Therefore, it would be appropriate to excuse his failure to timely file for the HPOIP upon graduation from BOLC.  

2.  He was clearly authorized to enter into an agreement for HPOIP from the date stated above.  Therefore, his record should be corrected to show he did so in a timely manner.

3.  Furthermore, because he may not receive both the HPOIP and VDP for the same period, the VDP must be recouped.


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 entered into an HPOIP contract on 29 August 2013;

	b.  paying him retroactive HPOIP, effective 29 August 2013, in accordance with his contract for the entire period, the exact amount to be determined by DFAS; and

	c.  auditing his finance records and recouping all VDP received for the same period of the subject HPOIP contract.



      _______ _ 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)                                         AR20140007599



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