BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140008933
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 Health Professions Officer Incentive Pay (HPOIP) effective 12 June 2013, the date of her entry on active duty.
2. The applicant states her special pay contract was not done when she came on active duty.
3. The applicant provides her veterinary medical license.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 1 May 2010. She also executed an Armed Forces Health Professions Scholarship Program Agreement on that date.
2. Following her appointment, she was assigned to the U.S. Army Reserve Control Group (Officer Active Duty Obligor).
3. She attended and successfully completed the Army Medical Department (AMEDD) Officer Basic Leader Course (BOLC) from 12 June to 24 July 2012.
4. She was awarded a Doctor of Veterinary Medicine on 19 May 2013.
5. She was issued a Veterinary Medical License by the Ohio Veterinary Medical Licensing Board valid from 12 June 2013 to 1 March 2014.
6. She was ordered to active duty on 17 June 2013 in the rank of captain (CPT) to fulfill active duty requirements on a voluntary indefinite basis.
7. She was appointed as a Regular Army commissioned officer in the rank of CPT and executed an oath of office on 17 June 2013.
8. She attended and successfully completed the Health Professions Scholarship Program Reserve Component Veterinary Corps BOLC from 18 June to 23 July 2013. She was subsequently assigned to Corpus Christi, TX.
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 12 June 2013, the date of her entry on active duty. The applicant indicated the contract was never initiated.
b. General eligibility for the HPOIP contract requires an officer to have a full unrestricted license and be a graduate of the BOLC. A review of special pay and finance records indicates that officer met the general eligible criteria for the HPOIP on 24 July 2013. She has been receiving HPOIP at $2,500/year, payable $208.33/month, since 16 April 2014.
c. 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, 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.
d. Although she never executed an HPOIP contract, she did meet the eligibility criteria for the HPOIP contract at $2,500/year, payable at $208.33 per month, on 24 July 2013. Failure to complete the contract by execution of signature within policy timeframe would deny payment on the effective date; however, there appears to have been confusion with the contract eligible criteria, which is of no fault of hers. She is eligible for the HPOIP at $2,500/year, payable at $208.33 per month, retroactive to 24 July 2013 and payable through current start date of 16 April 2014 under finance Format ID 09- Save Pay.
e. Since she is receiving HPOIP, she is no longer entitled to Veterinary Duty Pay at $100/month (FID 28- VDP) and it must be terminated as of 23 July 2013, with collection from 24 July 2013 to date.
8. 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 24 July 2013, the day she completed BOLC; 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:
________ ________ ________ GRANT FULL RELIEF
____X____ __X______ _X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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:
* showing the applicant timely executed an HPOIP contract at $2,500/year, payable at $208.33/month commencing on 24 July 2013
* showing her contract was timely received and processed by the appropriate office
* terminating her Veterinary Duty Pay at $100/month effective 23 July 2013
* paying her any back HPOIP, beginning on 24 July 2013 less her Veterinary Duty Pay at $100/month as a result of this correction
2. The Board further determined 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 payment of Health Professions Officer Incentive Pay effective 12 June 2013.
_______ _ 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) AR20140008933
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140008933
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140007476
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. 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. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2014 | 20140004637
The applicant requests retroactive payment of a Health Professions Officer Incentive Pay (HPOIP) contract at $2,500/year effective 30 September 2010. A review of the applicant's pay records indicate that she has been paid HPOIP at $2,500/year ($208.33/month) for the period 1 October 2009 to date. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the applicant executed an HPOIP contract at $5,000/year; payable at...
ARMY | BCMR | CY2014 | 20140007599
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. 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...
ARMY | BCMR | CY2012 | 20120019068
The applicant requests, in effect, payment of annual Health Professions Officer Incentive Pay (HPOIP) effective 27 July 2012. The applicant submitted an HPOIP agreement on 24 September 2012 for the period 27 July 2012 through 26 July 2013. Paragraph 3b on this agreement states, "In consideration of my entering into the IP (incentive pay) agreement, the U.S. Army agrees to pay IP to me on a monthly basis, subject to the availability of funds, at the amount of $2,500/year."
ARMY | BCMR | CY2013 | 20130009419
Records show the applicant was serving on active duty and licensed as a veterinarian at the time she executed a request for an HPOIP contract with an effective date of 10 December 2012. On 1 February 2013, the applicant executed another request for an HPOIP contract with a requested effective date of 1 July 2012. The evidence of record shows the applicant is eligible for the requested retroactive increase to her 1-year HPOIP contract in the amount of $5,000 per year effective 1 July 2012.
ARMY | BCMR | CY2014 | 20140005445
IN THE CASE OF: BOARD DATE: 1 July 2014 DOCKET NUMBER: AR20140005445 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) Special Pay Branch which states the applicant received HPOIP ($2,500) for the period 23 June 2010 through 22 June 2011. Although the applicant has not provided copies of her applications for HPOIP for the period 23 June 2011 through 22 June 2013, she performed...
ARMY | BCMR | CY2014 | 20140006237
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. The available evidence partially supports the applicant's request to receive retroactive HPOIP. 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...
ARMY | BCMR | CY2013 | 20130003600
All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action; c. although there is supporting documentation to indicate the applicant was eligible for the 1-year HPOIP effective 30 August 2011, a review of the applicant's special pay and finance data indicates no record of contracts being authorized for payment. The evidence of record shows the applicant submitted an HPOIP contract signed on 1 October 2012 for...
ARMY | BCMR | CY2013 | 20130004928
The applicant requests payment of a 1-year HPOIP contract at $2,500.00 a year from 13 October 2011 to 12 October 2012. A review of the applicant's special pay and finance records indicates she received payments for HPOIP from 1 October 2012 to date. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing she timely entered into an HPOIP contract for the period covering 13 October 2011 through 12 October 2012, in a...
ARMY | BCMR | CY2013 | 20130017471
IN THE CASE OF: BOARD DATE: 14 January 2014 DOCKET NUMBER: AR20130017471 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) Special Pay Branch which states the applicant received HPOIP for the period 31 August 2010 through 30 August 2011. Although the applicant has not provided copies of her applications for HPOIP for the period 31 August 2011 through 30 September 2013, she...