IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180002825 APPLICANT REQUESTS: Correction of his record to show his pay date for his special pay as 14 October 2015, in lieu of, 4 February 2016, with associated back pay. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Fiscal Year (FY) 2016-2017 Reserve Component Wartime Health Care Specialties with Critical Shortages, dated 11 September 2015 * Wartime health care specialties with critical shortages list * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 14 October 2015 * Memorandum, Subject: Army Reserve Medical Department (AMEDD) Officer Selected Reserve Incentives Program (SRIP) for FY 2016-2017, dated 2 November 2015 * U.S. Army Recruiting Command (USAREC) Form 601-37.33 (Selected Reserve Special Pay Program Contract), dated 4 February 2016 * Addendum to USAREC Form 1166, for retention special pay, dated 4 February 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he transitioned from active duty to the U.S. Army Reserves (USAR) on 14 October 2015. Upon transfer to the USAR, he was immediately entitled to an annual special pay of $25,000.00 given he is in a critically short medical specialty (60J (Obstetrics/Gynecology)). The paperwork required to execute this contract took four months. Upon in-processing to his unit during his first drill on 17 October 2015, he attempted to get this contract executed. Despite his due diligence, it still took four months to obtain final signatures and execute. The contract signed was for a term of 3 years with an annual pay of $25,000.00. He anticipated back pay to his entry date into the USAR. He realized this did not occur when he received his second annual installment in February 2017 and not October 2016. Since this pay is an entitlement requiring a contract, contract delays that are out of his control should not penalize him financially. His DD Form 214 shows his expiration term of service date with direct entry into the USAR on 14 October 2015. Special pay should have started at that time. 3. A review of the applicant’s official records show the following on: a. On 24 April 1995, the applicant was appointed as a commissioned officer and executed an oath of office. b. On 23 May 1999, the Doctor of Medicine degree was conferred upon the applicant. c. On 20 November 2004, the American Board of Obstetrics and Gynecology issued the applicant a board certification. He continued maintenance of his board certification throughout his career. d. On 11 June 2015, Orders Number 162-0022, issued by Headquarters, U.S. Army Garrison, Fort Carson, CO, reassigned the applicant to the transition point for transition processing. e. On 26 August 2015, Orders Number 238-0047, issued by Headquarters, U.S. Army Garrison, Fort Carson, amended Orders Number 162-0022 insomuch as changing his unit of assignment to the 5502nd U.S. Army Hospital (USAH), Aurora, CO. f. On 14 October 2015, the applicant was honorably released from active duty and transferred to the 5502nd USAH. g. On 15 October 2015, by memorandum, the applicant was appointed as a Reserve commissioned officer for an indefinite term in the USAR in specialty 60J. h. On 4 February 2016, USAREC Form 601.37.33 was completed showing the applicant applied for participation in the Selected Reserve special pay program. He acknowledged in section 2 (Entitlement and Recoupment) he was entitled to an annual special pay of $25,000.00 to be paid on the anniversary date of the contract. The addendum to USAREC Form 1166 and USAREC Form 601.37.32 (Incentive Enrollment Data Sheet) are dated 4 February 2016. 4. The applicant provides: a. Memorandum, Subject: FY 2016-2017 Reserve Component Wartime Health Care Specialties with Critical Shortages providing the authorization for incentives. b. Wartime healthcare critical shortage list showing 60J as a critical Area of Concentration (AOC). c. Memorandum, Subject: AMEDD Officer SRIP for FY 2016-2017 providing guidance for the Selected Reserve incentive programs which authorized the Services to offer incentives to critical shortage health professions. 5. Memorandum Subject: AMEDD Officer SRIP for FY 2016-2017, dated 2 November 2015, states incentives available to USAR healthcare professionals include special pay. Personnel are eligible when their primary AOC matches a specialty on the approved USAR critical wartime shortage list for the year in which they contracted. The 2016- 2017 AMEDD SRIP critical wartime shortage lists authorizes 60J special pay in the amount of $25,000.00. 6. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 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, his record of service, his transition from active duty, his eligibility for special pay and the date of the signature on his written agreement. The Board further considered the date of the FY 2016-2017 SRIP guidance. The Board found insufficient evidence to support the applicant’s statement of processing delays for this FY2016-2017 SRIP incentive. Based on a preponderance of evidence, the Board determined that the date of the applicant’s incentive agreement was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :GX :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Memorandum Subject: AMEDD Officer SRIP for FY 2016-2017, dated 2 November 2015, states incentives available to USAR healthcare professionals include special pay. Personnel are eligible when their primary AOC matches a specialty on the approved USAR critical wartime shortage list for the year in which they contracted. The 2016- 2017 AMEDD SRIP critical wartime shortage lists authorizes 60J special pay in the amount of $25,000.00. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002825 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1