Entitlement to Variable Incentive Pay

A commissioned officer of the Public Health Service claimed entitlement to Variable Incentive Pay retroactive to the date of his entry on active duty. The officer was unable to produce the original or either of the copies of a Variable Incentive Pay agreement executed within a time limit set by the Public Health Service regulations. The claimant had the burden of proving the validity of the claim, and, in the absence of some evidence that the agreement was executed, the claim for retroactive payment must be denied.