IN THE CASE OF:  	  

		BOARD DATE:  7 January 2016	  

		DOCKET NUMBER:  AR20150011913 


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 special pay for being accessed in a war-time critical area of concentration (AOC) as a member of the Vermont Army National Guard (VTARNG).

2.  The applicant states, in effect:

* he was approved for special pay and the Health Professions Loan Repayment (HPLR) program based upon a U.S. Army Recruiting Command (USAREC) memorandum (referring to a document announcing the results of the 30 October to 2 November 2012 NG ALL Selection Board for the U.S. ARNG)
* he signed USAREC Form 1252 (U.S. Army Reserve (USAR) and ARNG Incentives Declaration Statement) when he was commissioned on 20 December 2012
* the Army Medical Department (AMEDD) recruiter did not initially send the packets required for him to receive these incentives
* he contends he should be paid special pay; the National Guard Bureau (NGB) AMEDD Incentive department, however, stated his packet would not be accepted

3.  The applicant provides a copies of:

* USAREC Form 1252, dated 20 December 2012
* memorandum, dated 2 November 2012, subject:  Results of the 30 October to 2 November 2012 NG ALL Selection Board for the U.S. ARNG

CONSIDERATION OF EVIDENCE:

1.  On 15 November 2012, the applicant applied for Federal recognition and a USAR appointment in the ARNG as a first lieutenant in the Medical Specialist Corps, AOC 65B (Physical Therapy).  He was found to be qualified by a Federal Recognition Board on 20 December 2012 and executed his oath of office that same date.  

2.  He is currently serving in the Active Guard Reserve in the rank of captain.

3.  An advisory opinion from NGB, dated 31 August 2015, recommends approval of the applicant's request.  The advisory essentially stated:

	a.  On 2 November 2012, the applicant was selected for the HPLRP and for special pay for his AOC.

	b.  On 20 December 2012, he signed a USAREC Form 1252.  He was not aware the recruiter did not complete the required USAREC Form 1166 (Selected Reserve Special Pay Program Contract) and the addendum needed to initiate special pay.

	c.  In 2012, he was eligible to receive $10,000 per year for three years, to be paid consecutively after December 2015, after HPLR had been completely paid out.  Given that he signed the USAREC Form 1252 in good faith and the State failed to correctly guide him through the process, it would be against equity and good conscience to deny him this incentive.

	d.  Both the VTARNG and the NGB's AMEDD Incentives Branch concur with this recommendation.

4.  The applicant was provided a copy of this advisory opinion but did not respond.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was eligible for special pay based upon entering the VTARNG in a war-time critical AOC.  It is also evident that, due to no fault on his part, he was not paid special pay.  As a matter of equity, it would be appropriate to authorize payment.  Both the NGB and the VTARNG recommend approval of the applicant's request.

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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by showing a USAREC Form 1166 was properly executed on 20 December 2012, and that this form was approved accordingly in sufficient time to permit the applicant to be paid special pay for AOC 65B.



      ___________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)                                         AR20150011913





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ABCMR Record of Proceedings (cont)                                         AR20150011913



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