ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 September 2019 DOCKET NUMBER: AR20170015923 APPLICANT REQUESTS: dental special pay incentive of $25,000 effective October 2014 to March 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Hawaii Army National Guard (HIARNG) Orders Number 274-100 * USAREC Form 166 (Selected Reserve Special Pay Program Contract (SELRES) Pay for Health Care Professional in Critically-Short-Wartime Specialties) * Addendum to US Recruiting (USAREC) Form 1166, Retention Special Pay (2) * Selected Reserve Special Pay Retention Bonus (RB) Program Agreement * Army National Guard Current Annual Statement * Defense Finance and Accounting Service Military Leave and Earnings Statement (5) * Email Correspondence (6) * Memorandum, subject: FY 2012-2013 Reserve Component Wartime Health Care Specialties with Critical Shortages * ARNG Army Medical Department (AMEDD) Officer Selected Reserve Incentive Program (SRIP) for Fiscal Year (FY) 2015-2016 FACTS: 1. The applicant states he has not received dental special pay from October 2014 to February 2016. In October 2014, he rejoined the HIARNG in the military occupational specialty (MOS) of general dentistry (63A) and requested to apply for the dental special pay at $25,000 per year. However, he wasn’t able to apply through his unit until May 2015. After the local AMEDD recruiter transferred out of the unit, he was notified the forms were processed incorrectly. In 2016, he was able to receive the dental pay bonus of $15,000, however, he never received the annual $25,000 special incentive pay. In 2017, the new AMEDD recruiter submitted the correct documentation and he received special pay for 2017. According to the applicant, the unit’s lack of experience and frequent vacancies in the local AMEDD recruiting officer caused significant delays and resulted in him not receiving the entitled special pay. 2. The applicant provides the above referenced documents which included: a. Orders Number 274-100, dated 1 October 2014, which shows he was appointed in HIARNG in the grade and rank of Major (MAJ), Dental Corps, as a General Dental Officer. b. Addendum to USAREC FM 1666, For Retention Special Pay, dated 15 July 2015, which shows that he completed the SELRES (Selected Reserve) pay eligibility form with the AMEDD Recruiter, however, the document was not signed. c. He signed USAREC Form 1166 on 17 March 2016, which shows he was entitled to annual Special Pay, for 3 years as a General Dentist (63A) in the amount of $25,000. d. He signed Addendum to USAREC Form 1166 on 17 March 2016, which states he held a specialty on the U.S. Army Reserve Critical Wartime Shortage List at the time contract was signed. e. He signed the Selected Reserve Special Pay RB Program Agreement on 21 March 2017, which shows he was entitled for 2 years to annual Special Pay as a General Dentist (63A) in the amount of $25,000. f. Defense Finance and Accounting Service Military Leave and Earnings Statements which shows he received a health profession accession bonus in the amounts of $15,000 in 2016 and $25,000 in 2017. g. Email correspondence between 2015 and 2017 to the unit AMEDD recruiters in regards to applying and receiving the special incentive pay. h. Memorandum, subject: FY 2012-2013 Reserve Component Wartime Health Care Specialties with Critical Shortages, dated 12 July 2011, which provided the Critical Skills Shortage List of health care specialties from which the Services and the Reserve components can choose to offer incentives for FY12-FY13. The applicant’s MOS, Dental Officer, Clinical/General (63A) for ARNG was on the list. 3. A review of the applicant’s service records shows: a. He was appointed as a Reserve commissioned officer on 14 May 2001 in the grade of captain in the MOS of general dentist (63A). b. He entered active duty on 1 July 2001 and was promoted to MAJ on 1 July 2007. He was honorably discharged from active duty on 1 August 2009. c. He signed USAREC Form 1166 on 2 August 2009, which shows he was entitled for 3 years to annual Special Pay as a Pediatric Dentist (63K) in the amount of $25,000. d. He was appointed to the ARNG on 5 August 2009, in the grade of MAJ, in the Dental Corps. On 31 July 2011, he was honorably discharged from the ARNG and transferred to the USAR. c. He was appointed a Reserve commissioned officer and executed an oath of office in the HIARNG on 1 October 2014 in the grade of MAJ, in the Dental Corps. He was promoted to lieutenant colonel (LTC) and is currently serving with the HIARNG, 4. On 22 May 2019, the National Guard Bureau reviewed the applicant's records and rendered an advisory opinion on his case. After a thorough review, the Chief, Special Pay Branch opined that the Soldier be granted eligibility for Special Pay incentive, effective 1 October 2014. The NGB official states: a. In October 2014, the applicant was appointed in the HIARNG and in conjunction with his appointment, the Soldier made attempts to initiate a new contract for the special pay incentive. A USAREC Form 1166 was signed by both the Soldier and the AMEDD Officer Recruiter on 7 July 2015. The system showed the incentive entry as “invalid” stating the “Soldier cannot contract for a repeat bonus with an exception to policy approval.” Because the Soldier had not completed the service obligation from his previous special pay contract, the contract was never completed. b. ARNG AMEDD Officer Incentive Programs Policy FY09, paragraph 7d(2) states “special pay may not be offered again until the receiving individual has fulfilled any remaining service obligation from other incentives previously executed.” Upon entry back into the HIARNG on 1 October 2014, the Soldier’s clock was essentially restarted for the continuous one commitment not yet completed for the special pay payment connected to his 2 August 2010 anniversary. c. The lack of administrative oversight caused the Soldier to be transferred one day shy of his commitment. Had the Soldier been transferred one day later, his contract would have been completed and he would have been eligible to initiate a new contract upon returning to the HIARNG on 1 Oct 2014. d. The delays in processing due to frequent turnover, the system error that prevented him from signing and the failure to identify the cause of the error contributed to the Soldier’s inability to sign for the incentive until 30 March 2016. Because the Soldier did sign for the special pay in 2017 and special pay contracts cannot overlay, the Solider should only receive a portion of the payment for the final year of the 2014 contract (from 1 October 2016 to 29 March 2017). 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. His response dated, 15 May 2019, states he agreed with the recommendation made by the NGB. However, he pointed out that there was a typo in the memorandum which states “for the final year of the 2014 contract (from 1 October 2016 to 29 March 2016). The correct period is from 1 October 2014 to 29 March 2016. 6. By guidance, ARNG AMEDD Officer SRIP for FY 2015-2016, dated 15 March 2015, paragraph 3(g) (3), individuals contracting for special pay approved ARNG specialties, such as Medical Corps, Dental Corps and Clinical Psychologists will receive $25,000 per year for a 3-year contract, $20,000 per year for a 2-year contract, and $15,000 per year for 1-year contract. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. Board members accepted the applicant’s argument that the unit’s lack of experience and frequent vacancies in the local AMEDD recruiting officer caused significant delays and resulted in him not receiving the entitled special pay. Board members agreed with the NGB opinion, and thus recommended full relief be granted to the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 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 and Army National Guard records of the individual concerned be corrected by showing he timely submitted an exception to policy request to the National Guard Bureau for payment of his dental special pay incentive of $25,000, and the National Guard Bureau approved his exception. CHAIRPERSON Signed by: 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: By guidance, ARNG AMEDD Officer SRIP for FY 2015-2016, dated 15 March 2015, paragraph 3(g) (3), individuals contracting for special pay approved ARNG specialties, such as Medical Corps, Dental Corps and Clinical Psychologists will receive $25,000 per year for a 3-year contract, $20,000 per year for a 2-year contract, and $15,000 per year for 1-year contract. //NOTHING FOLLOWS//