IN THE CASE OF:  

		BOARD DATE:  16 July 2020

		DOCKET NUMBER:  AR20170014356


APPLICANT REQUESTS: Correction of her record to show:

*	she was paid a $30,000.00 special pay bonus when she was commissioned
*	a personal hearing before the Board 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Email correspondence with Inspector General (IG)
*	U.S. Army Recruiting Command (USAREC) Form 1252 (U.S. Army Reserve and 
	Army National Guard (ARNG) Incentives Declaration Statement), dated 
	1 April 2011
*	DA Form 5536 (Agreement Health Professionals Loan Repayment (HPLRP), 
	dated 13 June 2011
*	Lieutenant Colonel (LTC) email correspondence
*	Memorandum, Subject: Letter of Recommendation for the applicant, dated 
26 February 2017

FACTS:

1.  The applicant states she is requesting $30,000.00 ($10,000.00 per year for a three-
year contract) special pay that was presented and agreed upon at the time of her 
commissioning.  This incentive was available at the time she signed her contract, but is 
currently no longer available.  She has upheld her portion of her contract.  The incentive 
that she was offered is no longer offered at no fault of her own.  The documentation she 
signed supports her request even though no formal contract was created at the time of 
her commissioning.  She had agreed upon a HPLRP for three-years, which she 
received, followed by three-years special pay.  Upon intended initiation of her special 
pay, her contract could not be produced.  After extensive communication and searching 
with her unit C Company, 427th Brigade Support Battalion, and Chief Warrant Officer 3 
(CW3) U.S. Army Medical Department (AMEDD) Accessions, she was referred to the IG 
for assistance.  The IG was contacted for assistance for this matter and through their 
inquiry that office was not able to locate a valid copy of a contract for her special pay 
incentive.  She has confirmed a contract was never created at the time of her 
commissioning which is unacceptable.  The IG final response letter and the AMEDD 
Officer Incentive Policy have been attached as supporting documentation.  

CW3 .  A review of the applicant's official records shows the following:

	a.  On 13 June 2011, the applicant was appointed as a Reserve commissioned 
officer in the NYARNG and executed an oath of office.

	b.  The applicant's records are void of any accession documents pertaining to a 
bonus or HPLRP agreement.

	c.  She remains in the ARNG.

4.  The applicant provides 

	a.  Email correspondence with the NYARNG IG wherein the applicant requests an 
IG investigation into her special pay.  The IG official informed her the special pay 
incentive for physical therapists was no longer available.  The IG official was able to 
locate the applicant's HPLRP agreement and special pay choices, dated 1 April 2011.  
He could not locate another contract.  He advised her to file an appeal with the Board.  
The IG official pasted an email wherein an Officer Incentives Program Manager stated 
"on Board approval and NYARNG Adjutant General approval they can cut a new 
contract and backdate (and back pay) it to the time of completion of the HPLRP 
contract."

	b.  USAREC Form 1252 showing the applicant selected the 3-year special pay 
incentive in place at the time she signed her contract.  It is void of a specific dollar 
amount.  The form is endorsed by then chief warrant officer two 

	c.  DA Form 5536 showing the applicant qualified for the HPLRP as a physical 
therapist.  

	d.  LTC email correspondence wherein he states in pertinent part,:

(1)	 The explanation he got was when the applicant signed on the form that she 
gave him where she initialed for the bonus, it did not require a signed annex (which of 
course not having the annex is exactly why she has not gotten a bonus).  However, by 
the time she wanted to take advantage of her bonus, the Army was no longer giving a 
bonus to her area of concentration.  CW3 spoke with the National Guard Bureau (NGB) 
bonus people and at that time the team was embattled in the California Army National 
Guard bonus issue and it was not going well.  CW3 was not in favor of back-dating an 
annex since he thinks this would be dishonest.  Last he spoke with him, he said he was 
going to speak again to the NGB bonus people since there was a different team there 
now.  

(2)	 CW3 said after discussing with the NGB Bonus people, the applicant’s 
situation is not unique.  Before, the signed annex that is missing, was not done at the 
time of the contract because it could not be uploaded.   With the new Guard Incentive 
Management System (GIMS), it can be and stored there and processed.  So when the 
bonus went away for the applicant’s AOC, which seldom if ever happens, she was 
stuck. CW3 was not going to back date things since he is not comfortable with this since 
it could be construed as fraud.  It was recommended the applicant present
her case to ABCMR. The one good thing from this is the contact with the bonuses
in NGB said they are all being approved by service members in her same situation.  The 
downside is it takes about 1 year to get an answer.

	e.  Memorandum, Subject: Letter of Recommendation for the applicant wherein her 
immediate commander states in pertinent part:

		(1)  She recommends the applicant be awarded her initial bonus as promised to 
her upon her commissioning into the NYARNG as a physical therapist.  As a member of 
C Company, 427th Brigade Support Battalion for over 5 years, she has demonstrated 
her leadership, military and professional abilities.  She has a proven record of service 
and commitment to the NYARNG, which has been illustrated by these five years of 
service.

		(2)  The applicant has gone above and beyond her responsibilities as the brigade 
physical therapist.  During annual trainings and the Joint Readiness Training Center 
(JRTC) rotation, she has consistently proven herself as both a physical therapist and a 
leader.  She stepped up on numerous occasions during mass casualties and convoy 
operations to help the company accomplish their mission.  She treated over 200 real 
world physical therapy patients during the JRTC rotation, and getting them back into the 
fight and preventing many from being medically evacuated.
of theater.

5.  See applicable references below. 


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record of 
service, documents showing she elected the 3-year special pay incentive in place at the 
time she signed her contract, correspondence with a NYARNG IG, confirmation that she 
was eligible for the incentive, the absence of a signed incentive document, a letter from 
her commander and the correspondence from the NGB specific to issues with uploading 
documents to GIMS.  Based on a preponderance of evidence, the Board that the 
applicant was eligible for and not provided the incentive due to administrative error not 
her fault; the Board determined that a correction to her record was required.   

2.  The applicant's request for a personal appearance hearing was carefully considered. 
In this case, the evidence of record was sufficient to render a fair and equitable 
decision. As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.

3.  After reviewing the application and all supporting documents, the Board found that 
relief was / was not warranted.



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:  	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

 1.  The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by:

-	Showing the applicant completed a request for an HPLRP three-year 
incentive at the time of her contract, it was signed by appropriate officials 
and submitted with the contract;
-	Showing her contract with incentive request was submitted to and 
accepted by the appropriate officials for processing, and;
-	Showing the applicant is entitled to be paid the HPLRP incentive in 
accordance with the program criteria and amount of incentive at the time 
of her contract, as determined by the program proponent office. 

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to a personal appearance.



		  
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.  Title 10, USC, section (a)(1) states the Secretary of a military department may 
correct any military record of the Secretary’s department when the Secretary considers 
it necessary to correct an error or remove an injustice.

2.  Title 37, USC:

	a.  Section 332 states the Secretary concerned may pay a bonus under this section 
to an officer of the uniformed services, who accepts a commission or appointment as an 
officer in a uniformed service.  A bonus may be paid to an officer agrees to serve for a 
specified period in a designated career field, skill, unit, or grade.  A bonus may not 
exceed $60,000.00 for a minimum three-year period of obligated service. 

	b.  Section 335 states the Secretary concerned may pay a health professions bonus 
under this section to a person, including an officer in the uniformed services, who is a 
graduate of an accredited school in a health profession and who accepts a commission 
or appointment as an officer in a Regular or Reserve component of a uniformed service 
and agrees to serve in an active status in a Reserve Component in a health profession.  
The Secretary concerned may pay incentive pay under this section to an officer of a 
Reserve Component who is entitled to basic pay and is serving in an active status in a 
designated health profession specialty or skill.  The maximum bonus paid may not 
exceed $30,000.00 for each 12-month period of obligated service agreed to.  To receive 
a bonus an officer determined to be eligible for the bonus shall enter into a written 
agreement that specifies the amount of the bonus, the method of payment, the period of 
obligated service, and whether the service will be performed on active duty or in an 
active status.

3.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) 
prescribes the policies and procedures for correction of military records by the Secretary 
of the Army, acting through the ABCMR.  The ABCMR may, in its discretion, hold a 
hearing or request additional evidence or opinions.  Additionally, it states in paragraph 
2-11 that applicants do not have a right to a hearing before the ABCMR.  The Director 
or the ABCMR may grant a formal hearing whenever justice requires.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20170014356


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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