BOARD DATE: 29 November 2012
DOCKET NUMBER: AR20120014125
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 payment of an annual Health Professions Officer Incentive Pay (HPOIP) from 1 October 2011 to 30 September 2012.
2. The applicant states she was unable to complete the proper forms until now.
3. The applicant provides an HPOIP agreement.
CONSIDERATION OF EVIDENCE:
1. Having had prior enlisted service, the applicant was appointed as a Regular Army commissioned officer, Army Medical Specialist Corps, and executed an oath of office on 5 August 2007. She was promoted to captain on 1 July 2008.
2. She submitted an HPOIP agreement on 26 June 2012 for the period 1 October 2011 through 30 September 2012.
3. An advisory opinion was obtained on 9 October 2012 in the processing of this case. An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), recommended approval. The official stated:
a. The agreement provided by the applicant is not system-produced; it lacks the correct format and the required dollar amount of $5,000/year. Current policy allows agreements to be prepared and executed 90 days in advance or 30 days after the effective date. Otherwise, the effective date must be reestablished as the date of signature.
b. Although the officer must bear responsibility for her part of the agreement request and execution, award of the outstanding HPOIP agreement in arrears would be based on time served. The applicant was eligible for the 1-year HPOIP at $5,000/year effective 1 October 2011 through 30 September 2012.
c. The OTSG cannot make payments retroactive for the earlier timeframe due to the Defense Finance and Accounting Service policy and procedure limitations. The OTSG official further recommended the applicant's HPOIP agreement for $5,000/year for the period 1 October 2011 through 30 September 2012 be authorized for payment.
4. On 18 October 2012, the applicant responded to the advisory opinion. She stated:
* She received the first installment of this annual incentive pay through 30 September 2011
* When this contract expired, she was the sole provider for a 740-Soldier rear detachment and she was 9-months pregnant
* Her patients were her priority; she works long hours and eats at her desk
* She forgot to establish a new contract before giving birth on 6 November 2011 and being placed on convalescent leave until the beginning of 2012
* The delay in initiating the contract is due to an oversight
5. DOD Financial Management Regulation, Volume 7A, chapter 5, provides for various incentive pays, one of which is HPOIP.
a. To 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 available evidence supports the applicants contention. Although she must bear responsibility for her part of the agreement request and execution, award of the outstanding HPOIP agreement in arrears would be based on time served. The applicant was eligible for the 1-year HPOIP at $5,000/year from 1 October 2011 through 30 September 2012.
2. It appears circumstances beyond her control led to the delay in submitting the agreement. Furthermore, it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that she would lose $5,000 per year. She was clearly authorized to enter into an agreement for HPOIP for the period from 1 October 20011 through 30 September 2012. Therefore, her record should be corrected to show that she did so in a timely manner.
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. showing she entered into an HPOIP contract for the period covering 1 October 2011 through 30 September 2012 in a timely manner; and
b. paying her retroactive payment of HPOIP in accordance with her contract for the entire period covering 1 October 2011 through 30 September 2012, in the total amount of $5,000.
_______ _ 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.
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