IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20150001945
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 correction of her records to show she is entitled to retroactive payment for a 2-year Optometry Retention Bonus (ORB) at $6,000.00 per year effective July 2013 through July 2015.
2. The applicant states:
a. She received an ORB from July 2011 to July 2013 for $6,000.00 each year, but it was not noted on her records.
b. She was in a residency program from 2013 to 2014. Prior to that, she had just transferred from Korea to the United States and she did not remember to reapply for the ORB. This residency program was extremely fast paced and very time consuming. For some reason, she thought the ORB was for 3 years, not 2 years.
c. She is trying to apply for the ORB for the period July 2013 to July 2015. She just simply forgot and became confused.
d. She also adds the following reasons for not filing for the 2013-2015 ORB in a timely manner:
* she was involved in the Expert Field Medical Badge Spring 2013 training
* she was getting ready for her change of command and permanent change of station (PCS) move to the United States as a single parent with three dependent children, and to enter the residency program on 1 July 2013
3. The applicant provides:
* request for ORB, dated 16 July 2011
* two leave and earnings statements (LESs)
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a major in the Regular Army as an optometrist.
2. She provided documentation showing she submitted a request for and received an ORB for the period 16 July 2011 to 15 July 2013 in the amount of $6,000.00 per year.
3. The available records do not contain a 2-year ORB contract for the period July 2013 to July 2015.
4. An advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Department of the Army Office of the Surgeon General, dated 11 March 2015, in the processing of this case. The advisory official states:
a. Current policy requires contracts to be prepared via the Medical Operational Data System (MODS) special pay module. Contracts must be executed 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. A review of the applicant's MODS and finance data confirms she executed a 2-year ORB at $6,000.00 per year effective 16 July 2011 to 15 July 2013.
c. There is no record of a contract effective 16 July 2013 or thereafter.
d. Based on the extenuating circumstances of the applicant's inability to execute her contract (PCS move from Korea to the United States and immediate residency training program), the Office of the Surgeon General recommends granting her an exception to receive full payment of the 2-year ORB at $6,000.00 per year effective 16 July 2013 to 15 July 2015.
e. The applicant should seek assistance from her supporting military human resources/personnel S-1 office 90 days in advance of her next contract period commencing on 16 July 2015.
5. The advisory opinion was furnished to the applicant for comment. On 23 March 2015, she responded and further elaborated on the extenuating circumstances as to why she was not able to submit a request for the 2-year ORB for 2013-2015. She states the following events were taking place from April to June 2013:
* her humanitarian mission to the Philippines for 3 weeks from March to April 2013
* Expert Field Medical Badge training for 2 weeks in April 2013
* her change of command was scheduled for May 2013
* her PCS move and out-processing from Korea from April to May 2013 in order to depart by 5 June
* due to out-processing activities in Korea, it was difficult to start/stop a finance action while simultaneously trying to out-process
* she was a single mother of three dependent children and her residency program began on 1 July 2013
DISCUSSION AND CONCLUSIONS:
1. The evidence confirms the applicant executed a 2-year ORB in the amount of $6,000.00 per year effective 16 July 2011 to 15 July 2013.
2. The applicant contends she simply forgot to execute her 2-year ORB for the period July 2013 to July 2015 due to her PCS move from Korea with three dependent children and immediate residency program.
3. The AMEDD advisory opinion points out:
* there is no record of an ORB contract effective 16 July 2013 or thereafter
* based on extenuating circumstances of the applicant's inability to execute her 2-year ORB contract for the period July 2013 to July 2015, she should be granted an exception to receive full payment of the 2-year ORB at $6,000.00 per year effective 16 July 2013 to 15 July 2015
4. Based on the advisory opinion recommendation supporting granting relief, her records should be corrected to show she was approved for a 2-year ORB in the amount of $6,000.00 per year and paying her the ORB for the period 16 July 2013 through 15 July 2015.
BOARD VOTE:
____X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 a 2-year ORB in the amount of $6,000.00 per year and paying her the ORB for the period 16 July 2013 through 15 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) AR20150001945
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