IN THE CASE OF: BOARD DATE: 24 February 2021 DOCKET NUMBER: AR20200000651 APPLICANT REQUESTS: entitlement to Veterinarian Specialty Pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record). FACTS: 1. The applicant states that her entitlement to Specialty Pay in the amount of $5,000.00 as a Field Veterinarian Service Officer (64A) is currently not reflected on her Leave and Earnings Statement (LES). 2. A review of the applicant’s available service records reflects the following: a. On 19 December 2017 she was commissioned at the rank of Captain (CPT) / O-3 within the United States Army Reserve (USAR) Veterinary Corps with entitlement to the Health Professions Loan Repayment Program (HPLRP) in exchange for an 8-year Mandatory Service Obligation (MSO); 3-year active duty service followed by a 5-year Individual Ready Reserve (IRR) commitment. b. On 1 January 2018 she was licensed by the State of as a Veterinarian. c. On 23 May 2018 (Order# A-05-800708) she was ordered to active duty effective 19 October 2018. On 20 September 2018 this order was amended (Order# A-05-800708A01) to reflect a report date of 29 October 2018. The initial order further provides that she would perform Temporary Duty (TDY) enroute to her duty station with a reporting date of 10 June 2018. d. On 10 June 2018 she was commissioned in the Regular Army. e. On 7 November 2018 she completed her OTSG Form 1093 (Armed Forces Service Agreement Department of the Army Armed Forces Active Duty Health Professions Loan Repayment Program). This document serves as her contractual active duty obligation to serve for a period of 3 years in exchange for 3 years of annual loan repayment entitlements under the HPLRP. 3. The applicant did not provide supporting documentation. On 10 August 2020 a call was placed to the applicant requesting additional documentation. The applicant has not responded. Her available records are void of residency, privilege and or credentialing information applicable to a military treatment facility. Further, documentation of a Specialty Pay agreement is not reflected within her records. 4. On 13 August 2020 the Department of the Army Office of the Surgeon General, Chief AMEDD Special Pay Branch provided an advisory opinion wherein he states that being presumptive with the limited details in the applicant’s petition, officer may be requesting the Health Professions Officer (HPO) Incentive Pay (IP) retroactive to first eligibility. In turn, the first HPO IP effective date of 1 October 2019 could be adjusted retroactive to the Entry of Active Duty (EAD) date of 10 June 2018. Assuming that request, the applicant’s authorization for the HPO IP would cover the retroactive period 10 June 2018 – 30 September 2019 of 471-days and approximately $6,541 prior to any adjustments or withholdings. The exact payment is determined by the Defense Finance and Accounting Service (DFAS) Indianapolis. 5. On 13 August 2020 the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments in response. On 10 September 2020, the applicant provided a response refuting the information in the advisory opinion. She contests that her EAD date is 10 June 2018 with an active veterinary license and 2-years of clinical practice experience. Per the established guidance in the Active Component HPO IP plan, veterinarians are eligible for $6000/ year of incentive pay beginning on the date of active duty. 6. In support of her contention the applicant further provided her Leave and Earnings Statements from June 2018 – July 2020. From June 2018 – November 2019 the documents are void of an entitlement to specialty pay (SAVE). Beginning in December 2019 the applicant began receiving SAVE pay. Her initial payment of $1249.98 was received on 31 December 2019. This initial payment was cumulative based upon entitlements established on 1 October 2019. Beginning in January 2020 she began receiving $416.66 per month. 7. The applicant also provided Order A-05-800708 issued by the United States Army Human Resources Command (HRC) dated 23 May 2018 reflective of her initial order to active duty with a reporting date of 19 October 2018. 8. The applicant also provided her certificate of completion of the AMEDD Basic Officer Leader Course (BOLC) Common Core on 31 August 2018. The specific course dates are 11 July – 31 August 2018. Following completion of this course she attended and completed Phase 2 on 5 October 2018. 9. The applicant also provides a copy of her Officer Record Brief (ORB) reflective of an EAD date of 10 June 2018. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The Board carefully considered applicant’s request, the military records, an advisory opinion, and regulatory guidance. The Board considered the applicant’s statement, documents provided by the applicant and the review and conclusion of the advisory findings. Per the established guidance in the Active Component HPO IP plan, veterinarians are eligible for $6000/ year of incentive pay beginning on the date of active duty. Based upon the Department of the Army Office of the Surgeon General, Chief AMEDD Special Pay Branch advisory and evidence in the record, the Board agreed the applicant met the requirements and was eligible to receive HPO IP at $6000/year. The Board determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XXX XXX XXX 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 is authorized payment of Veterinarian Specialty Pay for $6000/year of incentive pay beginning on the date of active duty. Recommend DFAS–IN determined exact arrears payment. 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. REFERENCES: 1. DOD 7000.14-R, Volume 7A, Financial Management Regulation Chapter 5 provides that Health Professions Officers (HPO) who entered into a written agreement for receipt of a special pay (Multiyear Special Pay; Incentive Special Pay; Additional Special Pay) on or before January 27, 2018 will, if otherwise qualified, continue to receive payments until completion of the written agreement. Effective January 28, 2018, all new agreements for special pays will be administered in accordance with the new guidance. The criteria for legacy pays can be found in the archived Chapter 7. Chapter 7 (Special Pay for Pharmacy Officers, Optometrists and Veterinarians) of this regulation provides that each eligible officer within the Veterinary Corp is entitled to special pay at the rate of $100 a month for each month of active duty. Officers cannot receive Special Pay, Accessions Bonus and Incentive Pay. The Secretary of the Army may pay Health Profession Officers Accession Bonus – Veterinarians to an eligible individual who signs a written agreement on or after November 1, 2008, to serve on active duty or in an active status in exchange for receiving an accession bonus. An individual who currently holds an appointment as a veterinarian in either the Active or Reserve Component is not eligible for an accession bonus. Eligible Officers may not receive an accessions bonus and special pay. 2. Title 37, United States Code (U.S.C.) Section 303(a) (Veterinary Corps Officer Special Pay) provides that Special Pay is an incentive for qualified veterinarians to enter and remain on active duty to meet the health care and readiness requirements of the armed forces. Payment is flat $100 per month for each month of active duty. 3. Army Regulation (AR) 621-202 (Army Educational Incentives and Entitlements) provides that an officer who voluntarily enters on active duty (AD), is assigned to the Regular Army, and is placed on the AD list terminates his or her eligibility for the HPLRP. The officer may be eligible for a partial year repayment based on the number of whole months satisfactorily served in the SELRES prior to entering the Regular Army. 4. Under the 2018 Health Professions Officer Special and Incentive Pay Plan it provides that Officers must sign and submit a Health Professions Specialty Pay (HPSP) agreement for each of the HPSP authorities for which the officer is applying. The agreement is a formal statement that specifies the period of obligated service, the specialty under which the officer is applying for payment, and the officer’s certification of understanding and compliance with the conditions of HPSP. The agreement is binding and will continue in force until its terms and conditions are fulfilled. The current HPSP Incentive Pay for a fully qualified Veterinary Officer is $5,000. Active Component Health Professions Officers must be credentialed, privileged and practicing at a facility designated by the military service. 5. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000651 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1