BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120018459 


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) for the period 1 October 2011 to 30 September 2012.

2.  The applicant states, in effect, that his application for incentive pay was submitted late due to his deployment and the unclear guidance he received regarding submission for Fiscal Year (FY) 2010/FY2011.

3.  The applicant provides his HPOIP requests, payment history, email correspondence, and three letters of lateness.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a major (MAJ/O-5) currently serving on active duty at Fort Riley, KS as a physician's assistant.

2.  On 28 June 2012, the applicant requested HPOIP for the period 1 October 2011 through 30 September 2012.  The applicant provided three letters of lateness which show:

	a.  On 6 February 2012, he submitted his 2010, 2011 incentive pay contract and cited the reason for the lateness as a lack of automation support complicated by a recent deployment and redeployment to Operation New Dawn;

	b.  On 1 June 2012, he submitted a second letter of lateness and contended his 2011 HPOIP contract was late for the same reasons noted above and that he delayed requesting his 2011 HPOIP until after his 2010 HPOIP was paid.  He received payment at the end of May 2012; and

	c.  On 19 September 2012, he submitted his third letter of lateness which states the same reasons noted in the second letter of lateness.

3.  An advisory opinion was obtained on 9 January 2013 in the processing of this case.  An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG) stated:

	a.  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.  A review of the applicant's military pay files show no record of a processed or paid HPOIP agreement for the period 1 November 2011 to 30 September 2012.  The applicant did execute and was paid for a:

		(1)  Health Professional Officer Board Certification Pay (HPOBCP) - indefinite contract at $6,000/year effective 1 October 2009.

		(2)  1-year HPOIP contracts in the amount of $5,000/year effective 
1 October 2009 and 1 October 2010.

		(3)  3-year HPO retention Bonus (HPORB) in the amount of a $20,000 lump sum with a linked 3-year HPOIP $5000.00/year effective 1 October 2012 to 30 September 2015.

	c.  The requested 1-year HPOIP contract at $5000.00 per year was effective
1 November 2011 and was executed by the date of his signature effective 
28 June 2012 just as officer was advised upon returning from deployment.  The contract was not processed or paid because it was received outside of the executed window policy for the signature date.

	d.  Although the applicant was eligible for the HPOIP during the period requested, it is not an entitlement but a discretionary contractual incentive pay requiring officer action.  The applicant's delay in submitting, as locally advised, prevents the OTSG from processing the contract.

	e.  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 11 January 2013, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal.  In his rebuttal, the applicant indicated the following extenuating circumstances caused his late submission:

* his unit deployed in support of Operation New Dawn which affected his application for two periods of the HPOIP
* he changed units three times between November 2010 and March 2013
* the application protocol for HPOIP changed sometime around January 2012
* he was informed that he had to wait for one HPOIP contract to process before he could submit the next

5.  He submitted email correspondence between himself and a Human Resources (HR) Assistant, Special Pay Office, dated 26 April 2012.  The HR assistant stated, in part, "it might not let you process another contract until they process the previous one first.  Not saying that we can't process the second one.  But, a letter of lateness might have to accompany the second one as well."

6.  Department of Defense 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 available evidence supports the applicant’s contention.  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.  The applicant was eligible for the 1-year HPOIP at $5,000/year from 1 October 2011 to 30 September 2012. 

2.  It appears circumstances beyond his control led to the delay in submitting the agreement.  Furthermore, it is unlikely that any reasonable person would intentionally fail to submit an application for HPOIP knowing that he would lose $5,000 per year.  He was clearly authorized to enter into an agreement for HPOIP for the period from 1 October 2011 through 30 September 2012.  Therefore, his record should be corrected to show that he 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 he entered into an HPOIP contract for the period covering          
1 October 2011 through 30 September 2012 in a timely manner; and


	b.  paying him retroactive payment of the HPOIP in accordance with his 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.



ABCMR Record of Proceedings (cont)                                         AR20120018459





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ABCMR Record of Proceedings (cont)                                         AR20120018459



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