IN THE CASE OF
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20140008373
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 payment of a 2-year Pharmacy Officer Special Pay (POSP) incentive.
2. The applicant states when she entered into the Army in 2011, she was under the impression that she was not eligible for the specialty pay due to her active duty commitment. However, under the most recent 2010 All Army Activities message, she would be eligible and the 2-year commitment would be served consecutively with her active duty commitment.
3. The applicant provides copies of Orders Number A-05-111323 and her Registered Pharmacist Montana State Board Certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned in the Regular Army, Medical Services Corps, as a captain, on 7 October 2010.
2. She provided copies of the following:
* Orders Number A-05-111323, dated 31 May 2011, wherein she was assigned to attend the U.S. Army Medical Department (AMEDD) Center and School beginning on 13 July 2011
* Registered Pharmacist Montana State Board Certificate, dated 12 July 2011
3. In an advisory opinion, dated 16 June 2014, the Chief, AMEDD Special Pay Branch, stated:
a. The applicant was requesting payment of a 2-year POSP contract at $15,000/year for her initial 3 years on active duty commencing on 13 July 2011. The applicant indicated that she did not know she was eligible for the POSP and that the contracted period could be served concurrently with her active duty obligation.
b. The POSP was executable only as a 2-year contract and eligibility required the Pharmacy officer to have a current, valid, and unrestricted state license or registration. The applicant's Montana State License was effective 12 July 2011. A review of the applicant's military pay file indicated no record of a POSP contract being requested, executed, approved, processed, or paid in 2011, 2012, or 2013.
c. Officers bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the 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 signature date or received outside the funded fiscal year, are retuned without action.
d. The applicant's initial active duty obligation was based on a Health Professions Scholarship Program (HPSP) contract. There was no indication that the applicant had ever inquired or requested a POSP contract from the command; whereby, the probable assumptions was that the officer believed the HPSP contract prohibited the POSP contract. Although that equates to no contract and no payment, there may be other extenuating circumstances that prevented the applicant from the proper decision.
e. With proper contract execution, the applicant was eligible for the 2-year POSP contract at $15,000/year, paid lump sum annually, effective 13 July 2011 through 12 July 2013 and 13 July 2013 through 12 July 2015.
4. The advisory opinion was forwarded to the applicant for acknowledgment and comment on 30 June 2014 and she concurred.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that she thought she was eligible for the POSP and therefore she did not execute a contract was carefully considered and found to have merit.
2. The AMEDD Special Pay Branch stated the probable assumption was that the applicant believed her HPSP contract prohibited the POSP contract and that with proper contract execution the applicant was eligible for the 2-year POSP. It appears she was not properly counseled.
3. In view of the foregoing, the evidence shows she was fully eligible for the requested POSP from 13 July 2011 through 12 July 2013 and from 13 July 2013 through 12 July 2015. Therefore, she is entitled to payment of the 2-year POSP contract at $15,000/year for the effective periods.
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 was approved for the 2-year POSP contract at $15,000/year effective from 13 July 2012 through 12 July 2013 and from 13 July 2013 through 12 July 2015.
_______ _ 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) AR20140008373
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