ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  13 February 2020 DOCKET NUMBER:  AR20180006616 


APPLICANT REQUESTS:  correction of his incentives contract dated 
30 November 2017 through 30 November 2019 and payment. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.Maryland Army National Guard Memo (MDARNG), Subject:  Request for RetentionIncentives Contract start date correction, dated 28 March 2018

.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated2 October 2016



FACTS: 

1.The applicant states he signed the incentive contract in good faith with theunderstanding that the government would honor his service contract.  The contract hesigned in November of 2016 was never submitted to the proper agency and thus notexecuted as anticipated nor paid.  The anticipated bonus was never paid as expected.

2.A review of the applicant’s available service records reflects the following:

a.7 April 1999 – he received a Reserve commission as a Second Lieutenant(2LT)/O-1. 

b.4 February 2008 –he was discharged from active duty with net service of 4 years6 months and 6 days and a primary specialty of 67A – Health Services. 

c.13 July 2016 –he was awarded the specialty skill identifier of 63A (GeneralDentist) as a primary specialty. 

d.30 June 2017 – The Maryland State Board Certification for Dentistry shows hewas certified and remains current. 

e.The applicant’s records are void of any incentive pay requests for the period30 November 2017 through 30 November 2019. 

3.The applicant provides the following:

a.c.  Office of the State Surgeon and the Maryland Army National GuardRecruiting and Retention Battalion Memos– Subject:  Request for Retention Incentives Contract start date correction, stating “Through no fault of their, own the Soldiers identified signed incentive contracts in good faith on the correct contract start date listed.  The contract were then not properly loaded into the GIMS system by the Specially Branch Recruiter at the time.  The inaction by the Specially Branch Recruiter resulted in no Retention incentives being processed for over a year (January 2016-April 2017).  ….  We ask the contract start date for current and valid contracts of identified Soldiers (2 October 2016 for the applicant) be corrected to the start date identified by the good faith contracts listed. 

b.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated2 October 2016, reflecting Special Pay entitlement of $25,000 and an obligation of    2 years for service in specialty 63A (Dental Officer) for the MDARNG. 

4.See applicable guidance under References below.

BOARD DISCUSSION: 

After reviewing the application and all supporting documents, applicable regulations, and the facts above, the Board found the relief is warranted consistent with the recommendation of the Maryland ARNG. 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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 correct his contract startdate to 2 October 2016 and paying him the Selected Reserve Special Pay RetentionBonus (RB) $25,000 specialty pay. 
X

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.Department of Defense (DOD) Finance Management Volume 7 Chapter 5 (HealthProfessions Officer (HPO) Special and Incentive Pay (IP)) states that the effective dateof the IP agreement will be calculated from the date the member completes thequalifying training plus 3 months.  To be eligible for IP, an HPO must be:

.serving in an Active Component or Reserve Component of the Army andentitled to basic pay

.serving on active duty or in an active Reserve status in a designated healthprofessional specialty



2.Title 37 U.S.C. 335 (Special Bonus Incentive Pay) states that the the Secretary ofthe Army may pay a health professions bonus under this section to an officer in theuniformed services, who is a graduate of an accredited school in a health professionand who accepts a commission or appointment as an officer in a regular or reservecomponent of a uniformed service, or affiliates with a reserve component of a uniformedservice, and agrees to serve on active duty in a regular component or in an active statusin a reserve component in a health profession; accepts a commission or appointment asan officer and whose health profession specialty is designated by the Secretary ofDefense as a critically short wartime specialty; or agrees to remain on active duty orcontinue serving in an active status in a reserve component in a health profession.

3.DODI Number 6000.13, dated 30 December 2015, Subject:  Accession andRetention Policies, Programs, and Incentives for Military Health Professions Officers(HPOs) states

a.An HPO may be paid special pay at the rate for any specialty for which they arefully qualified. The specialty or subspecialty must be the same for all pays received. 

b.Amounts of each bonus or pay, by specialty, will be listed in the HPS&I pay plan.

4.Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO IP,dated 29 September 2017 provides that board certified Dental Officer/Clinical General(63A) are entitled to retention bonus (RB) at $25,000.00 per year.
 

 
//NOTHING FOLLOWS//