IN THE CASE OF:	

		BOARD DATE:	    19 August 2014

		DOCKET NUMBER:  AR20140008163 


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 validation/payment of his $20,000.00 Special Pay for Selected Reserve (SELRES) Health Care Professionals in Critically Short Wartime Specialties contract, dated 6 June 2013.

2.  The applicant states, in effect, the issues with his contract validation and payment was the result of personnel turnover and miscommunications with the Delaware Army National Guard (DEARNG) and the National Guard Bureau (NGB).

3.  The applicant provides:

* certificate, dated 27 January 1999
* NGB Form 337 (Oath of Office), dated 17 June 2000
* Orders Number 169-028, dated 17 June 2000
* DA Form 1059 (Service School Academic Evaluation Report), dated 
19 January 2001
* DA Form 1059, dated 19 October 2001
* DA Form 1059, dated 3 May 2002
* notification of completion of degree requirements, dated 12 May 2003
* letter of certification/completion of the Captains Career Course, Phase 1, dated 22 March 2007
* DA Form 1059, dated 30 June 2007
* course certification, dated 27 – 30 September 2007
* certificate, dated 17 – 22 August 2008
* ARNG Current Annual Statement, dated 2 July 2012
* ARNG Retirement Points Statement Supplemental Detailed Report, dated 2 July 2012
* memorandum, dated 6 June 2013
* two U.S. Army Recruiting Command (USAREC) Forms 1103 (Incentive Enrollment Data Sheet), dated 6 June 2013
* USAREC Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract (Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties)), dated 6 June 2013 and 16 October 2013
* two Addenda to USAREC Form 1166 (For Retention of Special Pay), dated 6 June 2013 and 16 October 2013
* Form W-4 (Employee's Withholding Allowance Certificate, dated 6 June 2013
* Standard Form (SF) 1199A (Direct Deposit Sign-Up Form), dated 6 June 2013
* DA Form 705 (Army Physical Fitness Test Scorecard), dated 22 June 2013
* memorandum, 17 September 2013
* memorandum, dated 18 September 2013
* four memoranda and attachments, dated 4 January 2013, 9 April 2013, 
16 July 2013, and 12 August 2013
* memorandum, unclear date
* memorandum, dated 27 August 2013
* email transmissions ranging in dated from 12 June 2013 to 7 March 2014
* memorandum of reference/support, dated 13 June 2014

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the DEARNG on 17 June 2000.  He served in area of concentration (AOC) 65D (Physician Assistant) and currently holds the rank of lieutenant colonel.

2.  He provided a USAREC Form 1103, a USAREC Form 1166, and an Addendum to USAREC Form 1166, dated 6 June 2013.  These forms show, in effect, that he contracted for the $20,000.00 Special Pay for SELRES Health Care Professionals in Critically Short Wartime AOCs.  Additionally, these forms appear to contain all the appropriate signatures. 

3.  He provided various email traffic ranging in date from 12 June 2013 to
7 March 2014.  A summary of the content shows, in effect, the applicant had been attempting to renew his special pay contract.  However, due to numerous 
personnel turnover and continuity issues within the DEARNG and NGB, he and the DEARNG were unaware that he signed his contract outside the designated dates (17 September 2013 to 30 September 2013) and the NGB ultimately denied the contract.  The DEARNG attempted to remedy the situation by creating a new contract in October 2013; however, as this contract was also outside the approved dates for signature, the NGB also denied this contract.

4.  NGB Memorandum entitled "Request for Exception to Policy (ETP) for Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) policy contained in paragraph 4.3; Enclosure 13, paragraph E13.1.1.6; and Enclosure 13, paragraph E13.1.1.7," dated 16 July 2013 shows:

	a.  The ARNG requested an ETP for paragraph 4.3 and Enclosure 13, paragraph E13.1.1.6 to authorize the ARNG to offer Special Pay contracts to SELRES Health Care Professionals in Critically Short Wartime AOC who have reached retirement eligibility.  Paragraph 4.3 contains the sentence, "Separate or combined incentive service obligations cannot extend beyond an individual's mandatory removal date or retirement eligibility date in the Ready Reserve."  Enclosure 13 (Written Agreement Special Pay for Selected Reserve Healthcare Professionals in Critically Short Wartime Specialties), paragraph E13.1.16 states, "I will not reach my mandatory removal date or retirement eligibility date in the Ready Reserve during any service obligation period incurred under this agreement."

	b.  The ARNG requests an ETP for Enclosure 13, paragraph E13.1.1.7 to authorize the ARNG to offer Special Pay contracts to SELRES Health Care Professionals in Critically Short Wartime AOCs who have previously completed a Special Pay contract.  Enclosure 13, paragraph E13.1.1.7 states, "I have not received this incentive previously."

	c.  A roster of eligible ARNG medical personnel assigned to fill critical wartime shortage AOCs, as identified in SELRES Health Care Professionals in Critically Short Wartime Specialties (Title 37 U.S. Code (USC), section 302g), was enclosed and listed the applicant's name on the by name list/roster for the 3rd quarter.

5.  He provided a memorandum issued by the NGB on 18 September 2013 entitled [Army Medical Department] AMEDD By Name [ETP].  This memorandum stated the Secretary of Defense, Reserve Affairs approved the ETP for the 3rd quarter for health care providers in the ARNG to receive a repeat incentive.  In order for the service member to receive a payment, the AMEDD recruiters and/or designated officials were required to ensure the applicable service members were fully qualified, generate a USAREC Form 1166 addenda to the USAREC Form 1166, and ensure all required dates and signatures were present.  Additionally, the USAREC Form 1166 addenda to the USAREC Form 1166 must have the same date and the effective date must fall on or between 17 September 2013 and 30 September 2013.

6.  He provided a USAREC Form 1103, a USAREC Form 1166, and an Addendum to USAREC Form 1166, dated 16 October 2013.  These forms show, in effect, that he contracted for the $20,000.00 Special Pay for SELRES Health Care Professionals in Critically Short Wartime AOCs.  Additionally, these forms appear to contain all the appropriate signatures. 

7.  During the processing of this case, an advisory opinion was obtained from the NGB Personnel Policy Division on 25 June 2014.  The advisory official recommended approval of the applicant's request and stated:

	a.  The applicant's request for payment of his Special Pay Bonus was denied because his contract was signed earlier than the timeframe required by NGB guidance.

	b.  He was eligible for a Special Pay Bonus for SELRES Health Care Professionals and his name was published on a list of eligible officers by the NGB on 16 July 2013.

	c.  The applicant and the DEARNG completed the bonus contract in order for the applicant to continue receiving the Special Pay incentive.  However, the contract was not signed in the time period required by NGB guidance, published on 18 September 2013, requiring the contract to be signed between 
17 September 2013 and 30 September 2013.

	d.  The applicant's contract to renew his Special Pay Bonus was signed on 
6 June 2013.  Due to personnel turnover in the DEARNG, neither the applicant nor the DEARNG were aware of the issue with the contract being signed earlier than the prescribed time-frame.  Once the issue was known, the DEARNG completed two more contracts, dated in October 2013 in an effort to correct the error.  The later contracts were also denied by the NGB due to being signed after the 17 September 2013 to 30 September 2013 window.

	e.  The applicant was eligible for and entered into a written agreement to receive the special pay, and the DEARNG clearly intended to offer the incentive.  A simple administrative error on the DEARNG's part should not prevent the Soldier from receiving the incentive.

8.  DODI 1205.21, paragraph 4.3 states the Ready Reserve Health Professional Stipend Program for Reserve Service Physicians, Dentists, Registered Nurses and Baccalaureate Students in Nursing and Other Healthcare Services, and the Health Professionals Loan Repayment Program may be offered in combination with one another, in accordance with the requirements in the agreements contained within this Instruction, with all incurred service obligations running consecutively (not concurrently) to provide the required payback period for each separate incentive.  Separate or combined incentive service obligations cannot extend beyond an individual's mandatory removal date or retirement eligibility date in the Ready Reserve.  Additionally:

	a.  DODI 1205.21, Enclosure 13, paragraph E13.1.1.6 states, "I will not reach my mandatory removal date or retirement eligibility date in the Ready Reserve during any service obligation period incurred under this agreement."

	b.  DODI 1205.21, Enclosure 13, paragraph E13.1.1.7 states, "I have not received this incentive previously."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was eligible and contracted for a Special Pay for SELRES Health Care Professionals in Critically Short Wartime Specialties bonus.  He was approved for this incentive but his contract was disapproved based on the date his contract was signed.

2.  The administrative errors in his June 2013 contract were the result of personnel turnover and miscommunication within the DEARNG.  These errors and issues were not the applicant's fault.  Therefore, as a matter of equity, it would be appropriate to correct the date on his June 2013 contract to show he signed it on 17 September 2013 and pay him any monies he is entitled to as a result of this correction.  

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 and State ARNG records of the individual concerned be corrected by:

* showing he properly executed his incentive contract and addendum on 
17 September 2013 
* paying him out of ARNG funds any monies to which he is entitled 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)                                         AR20140008163





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ABCMR Record of Proceedings (cont)                                         AR20140008163



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