ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180006619 APPLICANT REQUESTS: correction of the date of her incentives special pay contract from 15 September 2017 to 3 February 2017 and payment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated 3 February 2017 * Emails from applicant to National Guard Bureau - Subject: Special Pay Retention Bonus Contract * DA Form 1559 (Inspector General Action Request), dated 29 September 2017 * Maryland Army National Guard Memo (MDARNG) – Subject: Request for Retention Incentives Contract start date correction, dated 28 March 2018 FACTS: 1. The applicant states she submitted a hard copy signed contract for special incentive pay on 3 February 2017 with the understanding the government would honor it. The contract was submitted in good faith to be forwarded to the Office of Strength Management (OSM) and processed. Due to multiple systems failures, both within the unit and at the OSM, the contract was not processed until seven months later (15 September 2017). The supporting documents show she attempted to follow up on multiple occasions only to find out the contract should have been initiated electronically and was not processed when submitted. 2. A review of the applicant’s service records reflect: a. 19 May 2006 - she was administered the Oath of Office in the Army National Guard as a Second Lieutenant (2LT)/O-1. b. 22 January 2014 – Appointment as a First Lieutenant as a Reserve Commissioned Officer under Title 10, with the specialty of 65D – Physician Assistant. c. The applicant’s records are void of any incentive pay requests for the period starting on 3 February 2017. 3. The applicant provides: a. 29 September 2016 - Email correspondence between the applicant and MDARNG from when she found about the retention bonus, availability, applying, verifying the pay and the amount of pay, and then trying to determine where the breakdown was in the submission of her retention bonus payment. b. 3 February 2017 – Selected Reserve Special Pay Retention Bonus (RB) Program Agreement showing her entitlement of $25,000 for the Special Pay RB Program and that she will incur a 2 year service obligation in the Army National Guard as a 65D, Physician Assistant. c. 29 September 2017 - DA Form 1559 (Inspector General Action Request), requesting assistance for the Selected Reserve Special Pay Retention Bonus Program, and how her contract was not properly processed causing a delay. She provides a chronology of events with the supporting emails which states: * September 2016 to January 2017- notification of eligibility for special pay but funds were temporarily on hold (due to California Guardsmen issues) * January 2017- notification that special pay contracts were available and the applicant initiated contract * February 2017- signed and faxed Special Pay Retention Bonus contract * March 2017- tried to verify receipt of contract * April 2017 – was told the contract submitted was on the wrong form and to resubmit with a new form, but to the applicant, both forms were identical; there was also discussion on the amount of the special pay for a 2 year contract $25,000 or $20,000 * May 2017- confirmed right amount and correct form received and to be forwarded to the state * June 2017 to August 2017- her signed contract was emailed to the State; she did not hear anything back indicating there were issues with her contract, but she also did not receive any bonus money; she left numerous messages regarding the status of her bonus * September 2017- notified there were no bonus paperwork for the applicant; no one had initiated her contract in the electronic GIMS system prior to the contract being signed (this is the first time the applicant heard of this), was told the contract could still be done and can be backdated d. Office of the State Surgeon and the Maryland Army National Guard Recruiting 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 (3 February 2017 for the applicant) be corrected to the start date identified by the good faith contracts listed. 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 her contract start date to 3 February 2017 2016 and paying her the Selected Reserve Special Pay Retention Bonus (RB) $25,000 specialty pay. 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 (Health Professions Officer (HPO) Special and Incentive Pay (IP)) states that the effective date of the IP agreement will be calculated from the date the member completes the qualifying training plus 3 months. To be eligible for IP, an HPO must be: * serving in an Active Component or Reserve Component of the Army and entitled to basic pay * serving on active duty or in an active Reserve status in a designated health professional specialty 2. Title 37 U.S.C. 335 (Special Bonus Incentive Pay) states that the the Secretary of the Army may pay a health professions bonus under this section to 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, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession; accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. 3. DODI Number 6000.13, dated 30 December 2015, Subject: Accession and Retention 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 are fully 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 Physician Assistants (65D) are entitled to retention bonus (RB) at $25,000.00 per year. //NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20180006619 5 1