BOARD DATE:	  18 September 2014

		DOCKET NUMBER:  AR20140010279 


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) for the period 20130610 to 20140620. 

2.  The applicant states he did not receive any special pay for this time period but continued to work as an active duty dentist at Fort Knox until his medical retirement on 20 June 2014.  He was underpaid by $20,000 compared to his peers for this time frame.  His previous Dental Additional Special Pay (DASP) contract expired on 10 June 2013.  It was not converted to an HPOIP contract in 2013 because his command initially thought he would be separated in less than six months by 10 December 2013.  However, that all changed on 8 October 2013 when he was involuntarily extended to complete a medical board for an injury he sustained in Afghanistan in 2012.  He continued to work at Jordan Dental Clinic and later at the Ireland Army Community Hospital Dental Clinic at Ft Knox as an active duty dentist until his medical retirement on 20 June 2014.  If he had known in June 2013 that he would still be working as an active duty dentist for an additional year then he would have undoubtedly converted to HPOIP then.  However, he did not know when the medical board would end until he received notification on 5 May 2014. 

3.  The applicant provides:

* Email correspondence
* DASB contract 20120611-20130610
* Printout of Dental Corps Special Pay Rates
* Medical extension background information
* Request for rating [Applicant]
* Separation orders
* Application for retention with endorsements
* Reassignment orders
* 2013 Form W-2 (wage and Tax Statement)
* May 2014 Leave and Earnings Statement

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Army Reserve, the applicant was appointed as a Regular Army Dental Corps officer and executed an oath of office on 11 June 2010. 

2.  He served in Afghanistan from 26 March 2012 to 13 July 2012. 

3.  On 23 September 2013, Headquarters, U.S. Army Garrison, Fort Knox, KY, published Orders 266-0178 ordering his separation effective 10 December 2013. 

4.  On 8 October 2013, medical authorities requested his retention on active duty past his separation date for the purpose of medical/disability processing.  His chain of command recommended approval. 

5.  On 6 May 2014, after having been processed through the Army Disability Evaluation System, Headquarters, U.S. Army Garrison, Fort Knox, KY, published Orders 126-0172 ordering his permanent retirement effective 20 June 2014 by reason of physical disability. 

6.  He retired on 20 June 2014 and he was placed on the Retired List in his retired grade of captain on 21 June 2014.  

7.  His records contain two DASP contracts for the periods 20110611-20120610 and 20120611-20130610. 

8.  An advisory opinion was received on 28 July 2014 from the Office of The Surgeon General (OTSG) in the processing of this case.  An OTSG advisory official stated: 

	a.  The applicant is requesting retroactive payment of the HPOIP contract at $20,000/year effective 20130610-20140620.  He indicates he remained on active duty after the expiration of his 1-year DASP contract on 20130610 and should have converted to the HPOIP contractual pay until such time as the medical board was completed, directing his disability retirement.
	b.  A review of special pay and finance records indicates he received the      1-year DASP contract at $10,000/year lump sum effective 20120611-20130610, and monthly Variable Special Pay (VSP) at $583.33/month through release from active duty on 20140620.  There is no record of a prepared, executed, approved, processed, or paid HPOIP contract at $20,000/year payable $1,666.66/month effective for any period after 20130610.

	c.  Since he was scheduled for release from active duty on 20131210, he was ineligible for the Fiscal Year 2013 (FY13) HPOIP contract which carried a minimum of a 1-year obligation.  Now, in FY14, and his release date being changed to 20140620, he became eligible for the FY14 HPOIP contract at $20,000/year; payable $1,666.66/month for the period 20131001-20140620.

	d.  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 FY, are returned without action.

	e.  The HPOIP contract is a discretionary special pay that requires completed action on the part of the officer and the command for proper processing and authorization of payment.  Failure to complete all actions would deny payment of the contracted period.  Based on above discussion, the applicant was eligible to receive HPOIP at $20,000/year; payable at $1,666.66/month for the total period 20131001-20140620, totaling approximately $14,444.44.

	f.  During this same period, the applicant received VSP at $583.33/month, which cannot be paid in conjunction with the HPOIP; therefore, for the period 20131001-20140620, officer would have a prorated recoupment of approximately $5,055.33.   Based on above actions, he would be due approximately $9,389.11 prior to any withholding, for the period 20131001-20140620.

9.  The applicant was provided with a copy of this advisory opinion on 29 July 2014 but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's special pay and finance records, conducted by OTSG, indicated the applicant received the 1-year DASP contract at $10,000/year lump sum effective 20120611-20130610, and monthly VSP at $583.33/month through date of retirement on 20140620.  There is no record of a prepared, executed, approved, processed, or paid HPOIP contract at $20,000/year payable $1,666.66/month effective for any period after 20130610.

2.  The applicant was initially scheduled for separation on 20131210.  This made him ineligible for the FY13 HPOIP contract which carried a minimum of a 1-year obligation.  However, because his release date was changed to 20140620, he became eligible for the FY14 HPOIP contract at $20,000/year, payable $1,666.66/month for the period 20131001-20140620.

3.  The HPOIP contract is a discretionary special pay that requires completed action on the part of the officer and the command for proper processing and authorization of payment.  Failure to complete all actions would deny payment of the contracted period.  Nevertheless, the applicant was eligible to receive HPOIP at $20,000/year, payable at $1,666.66/month for the total period 20131001-20140620, totaling approximately $14,444.44.  The only reason he did not receive the pay was the absence of a contract.

4.  During this same period, the applicant received VSP at $583.33/month, which cannot be paid in conjunction with the HPOIP.  Therefore, the applicant is entitled to correction of his records to show he executed an HPOIP contract and he should be entitled to the HPOIP minus the VSP he already received, less any withholdings, for the period 20131001-20140620. 

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 executed an HPOIP contract at $20,000/year commencing on 1 October and ending on 20 June 2014
* showing his contract was timely received and processed by the appropriate office
* terminating his monthly Variable Special Pay at $583.33/month effective 1 October 2013
* paying him any back pay, beginning on 1 October 2013 less his Variable Special Pay and ending 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)                                         AR20140010279





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ABCMR Record of Proceedings (cont)                                         AR20140010279



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