IN THE CASE OF: BOARD DATE: 11 February 2016 DOCKET NUMBER: AR20150005154 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, correction of his records to show that his Health Professional Loan Repayment Program (HPLRP) (incentive) ended in February of 2013, his Special Pay began in February of 2013, and distribution of the Special Pay that he is owed. 2. The applicant states, in effect, he was commissioned into the Oklahoma Army National Guard (OKARNG) in February 2011 for a 2-year HPLRP (incentive) and a 3-year Special Pay Bonus. His first HPLRP payment was not paid until July 2013, a full 15 months after being eligible to receive it (February 2012). The second payment was due in February 2013 and was not paid until November 2013. These payments were delayed for 11 months and he was prevented from signing the new U.S. Army Recruiting Command (USAREC) Form 1166 for 11 months. Therefore, he was unable to receive Special Pay for a full year of performance due to these delays. He would appreciate correction of this error and distribution of his Special Pay. 3. The applicant provides copies of – * his 24 February 2011 Oath of Office * DA Form 5536-R (Agreement HPLR) * USAREC Form 1103 (Incentive Enrollment Data Sheet) * Selected Reserve Special Pay Program Contact * a 6-page Memorandum for Record * 26 pages of related email CONSIDERATION OF EVIDENCE: 1. The available integrated Personnel Electronic Record Management System (iPERMS) records do not include copies of a majority of the documents related to his commissioning and bonus agreement. The information shown below is taken in significant part from the information provided by the applicant. The iPERMS record also does not show his correct current rank. 2. The applicant was commissioned an OKARNG captain in the Medical Service Corps and extended temporary Federal Recognition effective 24 March 2010. 3. He signed an Oath of Office on 24 February 2011 and was ordered to active duty for training for the period 27 September through 23 October 2012. 4. The DA Form 5536-R shows the applicant contracted for a loan repayment incentive on or about 24 February 2011. 5. The applicant completed a USAREC Form 1103 that shows he contracted for Special Pay with a start date of 16 January 2014 and an end date of 16 January 2016. 6. The applicant was promoted to major and was granted Federal Recognition, as a major, effective 16 July 2015. 7. In the development of this case an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau. The Deputy Chief provides the following summary of events: a. (The applicant) contracted for 2 years into the OKARNG for a HPLRP incentive and 3 years of Special Pay on 24 February 2011. b. (The applicant) was entitled to an (HPLRP) payment on 24 February 2012. (The applicant) submitted a DD Form 2475 to process the payment on 26 November 2012; however, the Guard Incentives Management System (GIMS) did not have a control number assigned to his case. c. On 18 January 2013, a contract and control number were created and issued. d. On 16 July 2013, an HPLRP payment was paid to his lender. e. The OKARNG Education Services Office received his second DD Form 2475 on 13 August 2013. f. On 15 August 2013, a DD Form 2475 was sent to the National Guard Bureau-Professional Education Center (NGB-PEC) from the State level for review. g. On 10 September 2013, the DD Form 2475 was returned to update the loan information and payment schedule. h. On 26 October 2013, the DD Form 2475 was sent back to the NGB-PEC for processing and (the loan was) finally paid on 15 November 2013. 8. The Deputy Chief recommends the HPLRP contract be effectively changed in GIMS to read end date effective 24 February 2013 and Special Pay to read start date effective 25 February 2013 with a 1 year obligation through 24 February 2016. The initial HPLRP (2-year) contract is already completed, so no additional funds need to be disbursed. The effective amending of the Special Pay contract will change his Special Pay contract so he has an additional payment owed to him for another year. NGB Army Medical Department (AMEDD) Incentives Branch cannot effectively have a Soldier sign an amended contract while currently serving on a contract. 9. The Deputy Chief also noted: a. The Office of the Under Secretary of Defense published a memo, dated 21 May 2008, SUBJECT: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends. This memo states, "A member who enters into a written agreement with specified conditions for receipt of a pay or benefit, is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. The Deputy Secretary of Defense Policy memorandum recognized that, at the time, members were subject to statutory repayment for any unearned portion of a pay or benefit, as appropriate. However, it was also understood there may be circumstances that support the need to refrain from taking such action." The administrative delay of over ten (10) months in receiving the first bonus is no fault of the Soldier. Soldier's eligibility requirements have been maintained and should be granted consecutive bonuses. b. The National Guard Bureau AMEDD Incentives Branch and the OKARNG concur with this recommendation. c. Attached to the opinion are 4 pages of military pay vouchers. 10. A copy of the advisory opinion was forwarded to the applicant; the applicant provided no addition comments. DISCUSSION AND CONCLUSIONS: 1. On 24 February 2011, the applicant contracted for 2 years of service in the OKARNG for an HPLRP incentive and a 3-year Special Pay bonus. 2. His first year of the HPLRP entitlement ended on 24 February 2012, his second year on 24 February 2013, and his Special Pay bonus period commenced on 25 February 2013. 3. The applicant's request is supported by the information he provided and by the advisory opinion. In order to rectify this error his records should be corrected in the GIMS by: a. amending HPLRP contract to show he qualified for 2 years of HPLRP with an end date of 24 February 2013. b. amending his Special Pay contract to show his start date effective 25 February 2013 with a one year obligation through 24 February 2016 (end date) and he is owed an additional payment. ___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: a. amending the GIMS HPLRP contract to show his end date as 24 February 2013; b. amending his Special Pay contract to show a start date of 25 February 2013 and an end dated of 24 February 2016; and c. paying him the appropriate Special Pay based on the above corrections. _______ _ _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) AR20150005154 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005154 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1