BOARD DATE:	  4 October 2012

		DOCKET NUMBER:  AR20120009775 


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, that he be granted Health Professions Officer Combined Incentive Pay (HPOIP) for Army physician assistants in the amount of $5,000.00 per year for the period of 1 October 2009-30 April 2012 as authorized by All Army Activities (ALARACT) message 195/2010, paragraph 7a(2) with an agreement effective date of 1 October 2009.

2.  He states he meets and had met all criteria for this incentive pay since the ALARACT message was published and therefore qualifies for this incentive pay.  The requested correction is required because his branch (Specialty Corps) career manager informed him that he did not qualify for any specialty pay.  Due in part to his two deployments in the past 3 years, he only recently became aware he was qualified for this incentive pay since 2010.

3.  He provides:

* Orders A-06-090634 and a memorandum amending Orders A-06-090634
* Officer Basic Course DA Form 1059 (Service School Academic Evaluation Report)
* Officer Basic Course Diploma
* Notification of Credentialing Action Memorandum
* DA Form 5440A (Approval of Clinical Privileges/Staff Appointment)
* Supervising Physician Memorandum
* DA Form 5440-18 (Delineation of Clinical Privileges - Physician Assistant) 
* ALARACT message 195/2010, subject:  Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s), and Veterinarians, dated 26 June 2010

CONSIDERATION OF EVIDENCE:

1.  Orders A-06-090634, dated 26 June 2008, published by the U.S. Army Human Resources Command, ordered him to active duty, effective 1 July 2008, as a Reserve commissioned officer for a period of 36 months to fulfill his obligated active Army requirement.  The orders further show his specialty as 65D.

2.  He completed the 65D Officer Basic Course on 6 October 2008.

3.  He submits documentation indicating approval of 2-year regular privileges for an active staff appointment with a reappointment date of 19 October 2013.

4.  His records maintained in the interactive Personnel Electronic Records Management System show he executed a 4-year HPOIP agreement at $5,000.00 per year and linked Health Professions Officer Retention Bonus (HPORB) at $20,000.00 per year both effective 1 May 2012-30 April 2016.

5.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of the Surgeon General (OTSG), dated 22 June 2012.

   a.  This official stated the applicant was requesting payment of an annual HPOIP agreement at $5,000.00 per year retroactive annually effective 
1 October 2009 (fiscal year 2010).

	b.  A review of the applicant's military pay and personnel files indicate no record of HPOIP agreements being received from the applicant, command, or paid during the requested period.  The applicant did execute and was paid for a 4-year HPOIP agreement at $5,000.00 per year and linked Health Professions Officer Retention Bonus (HPORB) at $20,000.00 per year both effective 
1 May 2012-30 April 2016.

	c.  The applicant must bear responsibility for his part of the agreement eligibility criteria, execution, and submission.  Without evidence the applicant executed and submitted annual agreements for payment, the outstanding HPOIP agreements for the period requested cannot be verified for eligibility or that they were disapproved.  If the applicant can provide a copy of said agreements or indicate the extenuating circumstances other than conversations denying agreement eligibility or submission, it can be reviewed for further advisory.

6.  On 25 June 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.
	
7.  Additional communications with the OTSG indicates that the applicant would have been eligible for the requested HPOIP if he had applied in a timely manner.

8.  ALARACT message 195/2010, subject:  Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s), and Veterinarians, release date of 26 June 2010, prescribed the Department of the Army (DA) policy governing health professions officer (HPO) consolidation of special pays (CSP) plan and rates for licensed clinical psychologist(s), licensed clinical social workers, physician assistant(s), and licensed veterinarians.  Annual incentive pay payments for agreements beginning on or after 1 October 2009 (under legacy special pays) would be in the amounts indicated in this message.  All submitted agreements with an effective date of 1 October 2009 through 30 June 2010 must have been received at the AMEDD Special Pay Branch, OTSG, within 60 days of this message release date in order to be accepted and processed with that effective date.  All other agreements thereafter must be executed within 30 days of the effective date; otherwise, the date of signature is the effective date.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant executed and submitted an HPOIP agreement at $5,000.00 per year for the period 1 October 2009-30 September 2012.

2.  It appears he only recently became aware he was qualified for this incentive pay due in part to deployments in the past 3 years.  He executed a 4-year HPOIP agreement at $5,000.00 per year and linked HPORB at $20,000.00 per year both effective 1 May 2012-30 April 2016.

3.  Notwithstanding the unfavorable recommendation from the OTSG which opines that the applicant should not retroactively receive the requested HPOIP because he had failed to execute or attempt to execute an HPOIP agreement covering the period in question, evidence indicates he would have been granted the now requested HPOIP had he known he was eligible and had executed the appropriate agreement.  As such, it appears it would be in the interest of justice to approve the applicant’s request to show he applied for and was granted HPOIP for Army physician assistants in the amount of $5,000.00 per year for the period of 1 October 2009-30 April 2012 as authorized by ALARACT message 195/2010, paragraph 7a(2) with an agreement effective date of 1 October 2009.

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 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.  showing he timely executed an HPOIP contract at $5,000.00/year for the period  1 October 2009-30 April 2012 and

	b.  paying him all back pay that may be due as a result of this correction.




      _______ _  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)                                         AR20120009775



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ABCMR Record of Proceedings (cont)                                         AR20120009775



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