IN THE CASE OF: BOARD DATE: 20 June 2013 DOCKET NUMBER: AR20120019068 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, payment of annual Health Professions Officer Incentive Pay (HPOIP) effective 27 July 2012. 2. The applicant states he submitted his HPOIP late because he did not realize the date of his previous contract ended in July of 2012. 3. The applicant provides copies of his request for HPOIP, dated 24 September 2012, and his State of Colorado Veterinarian License. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer, Veterinary Corps, and executed an oath of office on 7 June 2010. 2. The applicant submitted an HPOIP agreement on 24 September 2012 for the period 27 July 2012 through 26 July 2013. Paragraph 3b on this agreement states, "In consideration of my entering into the IP (incentive pay) agreement, the U.S. Army agrees to pay IP to me on a monthly basis, subject to the availability of funds, at the amount of $2,500/year." 3. On 19 December 2012, an advisory opinion was obtained in the processing of this case. An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General, stated: a. The applicant requests payment of the 1-year HPOIP in the dollar amount of $2,500/year effective 27 July 2012 through 26 July 2013. Current policy requires contracts to be prepared and executed by signature up to 90 days in advance or 30 days after the effective date. Otherwise, the effective date must be reestablished as the date of signature. b. A review of the applicant's records indicates payment of HPOIP at $2,500/year, payable at $208.33/month effective 27 July 2011 through 26 July 2012 and again for the period 8 October 2012 through 7 October 2013. Although the officer must bear responsibility for his part of the contract request and execution, it can be supported based on the failure to be properly informed at the local Human Resource level. c. The officer was eligible for the 1-year HPOIP at $2,500.00/year effective 27 July 2012 through 26 July 2013. The officer should have the current contract effective 8 October 2012 changed to 27 July 2012, and paid the difference for the missed period from 27 July 2012 and 7 October 2012 (approximately 73 days = $507 prior to taxes). His HPOIP contract will be on a 27 July cycle. 4. The applicant was provided a copy of this advisory opinion but no response was received. 5. DOD Financial Management Regulation, Volume 7A, chapter 5, provides for various incentive pays, one of which is HPOIP. a. To be eligible for Incentive Pay, an HPO must be a licensed clinical psychologist, licensed clinical social worker, or physician assistant; have completed specialty qualification before 1 October 2008; sign a written agreement to remain on active duty or in an active status in the Selected Reserve of the Ready Reserve in a designated health profession specialty for a period of not less than 1 year beginning on the date the contract is signed; and be a Health Care Provider (HCP), possess an unrestricted license (or approved waiver), and be qualified in his or her specialty. Social workers, clinical psychologists and physician assistants have been designated as HCPs. b. Subject to acceptance by the Secretary concerned, an HCP must be currently credentialed and privileged at a military treatment facility in the specialty for which the incentive pay is to be paid. The Secretary concerned may also approve recommendations for incentive pay payments to fully qualified HCPs assigned to positions requiring a substantial portion of time performing military-unique duties under adverse conditions or in remote locations outside the United States, or that preclude the ability to spend appropriate time in a clinical setting. The monthly incentive pay is shown in Table 5-9. The HPO incentive pay must be paid in monthly installments. DISCUSSION AND CONCLUSIONS: 1. The applicant requests payment of his HPOIP. 2. The applicant was eligible for the 1-year HPOIP at $2,500/year from 27 July 2012 through 26 July 2013; however, he executed the agreement on 24 September 2012, this exceeded the 30-day time limitation for him to request HPOIP. Although he must bear responsibility for his part of the agreement request and execution, award of the outstanding HPOIP agreement in arrears would be based on time served. It appears that he was not aware of the ending date of his contract which led to the delay in submitting the agreement. It is reasonable to presume that a rational person would not intentionally fail to submit an application for HPOIP knowing that he would lose $2,500 per year. He was clearly authorized to enter into an agreement for HPOIP for the period 27 July 2012 through 26 July 2013; therefore, his record should be corrected to show that he did so in a timely manner. 3. In view of the above, his request should be granted. BOARD VOTE: ____X____ ___X_____ ___X_____ 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: a. amending his current contract effective 8 October 2012 to show he entered into an HPOIP contract for the period covering 27 July 2012 through 26 July 2013 in a timely manner; and b. paying him retroactive HPOIP in accordance with his contract for the missed period covering 27 July 2012 through 7 October 2012 (exact amount to be determined by the Defense Finance and Accounting Service). _______ _ _X______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20120019068 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120019068 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1