IN THE CASE OF:	  

		BOARD DATE:	    31 July 2012

		DOCKET NUMBER:  AR20110021676 


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 correction of his records to show a Physician Assistant (PA) Officers Critical Skills Retention Bonus (CSRB) agreement for the period 1 October 2009 through 30 September 2013 was approved in a timely manner.

2.  He states he applied for the PA Officers CSRB from 2006 to 2009.  His last application to the Army Medical Department (AMEDD) Center and School was 2009.  He called the U.S. Army Human Resources Command (HRC) in 2010 to ensure all his CSRB paperwork had been filed and learned his 2009 application was missing.  His contract was found in his file at the 32d Medical Brigade.  He forwarded the contract to HRC for resolution and processing.  Captain G____ at HRC stated he must apply to the Army Board for Correction of Military Records for reinstatement.

3.  He provides a copy of his memorandum for the Chief, AMEDD, Special Pay Branch, Office of the Surgeon General (OTSG), dated 1 October 2009, subject:  Request for CSRB for Army PA Officers in the Active Component (AC) and a National Commission on Certification of Physician Assistants (NCCPA) certification status letter, dated 15 December 2010.

CONSIDERATION OF EVIDENCE:

1.  He was appointed as a Reserve Commissioned Officer in the rank of second lieutenant with a primary specialty skill identifier of 65D in 2002.  His record shows he was serving on active duty as a PA in the rank of captain as of the date of his application to the Board.

2.  He submits his memorandum for the Chief, AMEDD Special Pay Branch, OTSG, dated 1 October 2009, subject:  Request for CSRB for Army PA Officers in the AC.  It is approved by the 32d Medical Brigade approval authority.  This memorandum further:

	a.  certifies he was an officer of the Medical Specialist Corps of the Army who was on active duty for a period of not less than 1 year,

	b.  states he would perform the duties as a fully-qualified PA for a sufficient time during the agreement period to fully maintain his professional skills in that specialty,

	c.  states he was credentialed and privileged in accordance with Army Regulation 40-68 (Clinical Quality Management),

	d.  states he would remain board certified by the NCCPA and privileged as a PA for the duration of the CSRB agreement,

	e.  states he had or would complete an active duty obligation incurred for accession or sponsored education and/or training on 13 September 2006, and

	f.  shows the effective date of the agreement for payment is 1 October 2009.  The 4 years of continuous service obligation he agreed to serve would begin on 1 October 2009 (effective date of agreement for payment).

	g.  The memorandum further provides that in consideration of his entering into the agreement, the U.S. Army agrees to pay him a CSRB, subject to availability of funds, in the amount of $25,000.00 in a lump sum each year of the agreement.

3.  He provides an NCCPA certification status letter, dated 15 December 2010, stating his NCCPA certification number would remain valid until 31 December 2011.

4.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, OTSG, dated 23 December 2011.  This official stated the applicant was requesting renegotiation of his current 4-year PA CSRB agreement at $25,000.00 per year for the period 1 October 2008 through 30 September 2012 to a new PA CSRB agreement at $25,000.00 per year for the period 1 October 2009 through 30 September 2013.  The applicant indicated he was forward deployed and was not available to adequately follow up with his local supporting military human resources office to ensure processing of the renegotiation.

	a.  A review of the applicant's pay file indicates no record of the PA CSRB agreement submission for the period requested.  The applicant met all requirements, to include possession of a current NCCPA certification during the period requested.  Additionally, an inquiry at the Specialist Corps Branch, Health Services Division, HRC, Fort Knox, supports the issue that this renegotiated PA CSRB agreement was lost in processing.

	b.  Based on extenuating circumstances, he was eligible to renegotiate the currently serving obligatory PA CSRB agreement for $25,000.00 per year for the period effective 1 October 2009 through 30 September 2013.  There are currently no other health professions officer special pays affected by this action.

	c.  OTSG cannot process a retroactive renegotiated PA CSRB due to Defense Finance and Accounting Service (DFAS) policy and procedure limitations.  DFAS would need to adjust the current PA CSRB agreement at $25,000.00 per year for the period 1 October 2008 through 30 September 2012 and extend it through 30 September 2013 with future anniversary payment releases scheduled.

5.  On 12 January 2012, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond.  To date, he has not replied.

6.  Headquarters, Department of the Army (DA) message, subject: CSRB for Army PA Officers in the AC; dated 8 September 2006, prescribed the DA policy governing the CSRB for Army Medical Specialist Corps PA Officers in the AC.

	a.  The message stated the PA officers must be fully qualified in area of concentration 65D, board certified by the NCCPA, a graduate of the AMEDD Officer Basic Course, and privileged to practice.

	b.  The CSRB rate for a 4-year agreement was $25,000.00 per year for execution of a 4-year agreement.

	c.  All original agreements, upon approval by the appropriate authority, would be transmitted to the Chief, AMEDD Special Branch, OTSG, to coordinate verification of authorized rates and verification of eligibility.  Upon verification of agreement data, the Chief, AMEDD Special Pay Branch, authorizes the bonus payment by transmitting pay data to DFAS.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he submitted a memorandum for the Chief, AMEDD Special Pay Branch, OTSG, requesting an effective date of agreement of 1 October 2009 for the CSRB for Army PA Officers in the AC for payment for a period of 4 continuous years (1 October 2009 through 30 September 2013).  The request was approved by the 32d Medical Brigade approval authority.

2.  Though it is unknown why the above-referenced memorandum (CSRB agreement) requesting the CSRB for an additional period of time was not fully processed to arrive at OTSG within the prescribed time frame, it appears it was through no fault of the applicant.  Therefore, he should not be penalized for an administrative error committed in the processing of his request.

3.  In view of the facts of this case and based on the recommendations of OTSG, it would serve the interest of justice to correct his record to show the PA CSRB agreement at $25,000.00 per year for the period effective 1 October 2009 through 30 September 2013 was processed in a timely manner entitling him to payment of this CSRB in accordance with the CSRB policy.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 showing the CSRB agreement signed and approved on 1 October 2009 was processed in a timely manner and paying him in accordance with the CSRB policy.



      ______________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)                                         AR20110021676



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ABCMR Record of Proceedings (cont)                                         AR20110021676



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