BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120018467 


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 annual Health Professions Officer Incentive Pay (HPOIP) effective 6 January 2012 and payment of Health Professions Officer Board Certification Pay (HPOBCP) effective 26 January 2012.

2.  The applicant states, in effect, that his application for incentive pay was submitted late due to his delayed arrival to his first duty station and unclear guidance he received regarding submission.

3.  The applicant provides copies of his request for HPOIP and HPOBCP, service school academic report, Academy of Health Science Diploma, and certification documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer, Medical Specialist Corps, and executed an oath of office on 15 May 2009.

2.  He entered active duty on or about 6 December 2009.  He completed the Interservice Physician Assistant Program on 6 January 2012 and was certified as a Physician's Assistant on 26 January 2012.

3.  The applicant submitted an HPOIP agreement on 15 August 2012 for the period 26 January 2012 through 25 January 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 in a one-time lump sum, in the amount of $5,000.00/year.

4.  The applicant submitted an HPOBCP agreement on 10 August 2012 for the period 26 January 2012 through 31 December 2014.  Paragraph 2a on this agreement states that in consideration for him entering into the BCP agreement, "the Army agrees to pay BCP at a rate of $6,000.00/year; paid on a monthly basis upon execution of this agreement, and subject availability of funds, and applicable State and Federal taxes for the life of this agreement." 

5.  On 10 January 2013, an advisory opinion was obtained in the processing of this case.  An official at the Army Medical Department Special Pay Branch, OTSG, stated:

	a.  The applicant requests payment of the 1-year HPOIP in the dollar amount of $5,000/year.  Current policy allows contracts to be prepared and executed 90 days in advance or 30 days after effective date, otherwise effective date must be reestablished by signature.

	b.  A review of the applicant's records indicates he was paid an authorized indefinite HPOBCP contract at $6,000.00/year commencing 26 January 2012, and a pending HPOIP $5,000.00/year effective 26 January 2013 through 
25 January 2014.  There is no record of a processed or paid HPOIP contract at $5,000.00 for the period 26 January 2012 through 25 January 2013.

	c.  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 OTSG cannot make payments retroactive for the earlier timeframe due to the Defense Finance and Accounting Service policy and procedure limitations.

6.  The applicant was provided a copy of this advisory opinion but no response was received.

7.  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 HPOIP and HPOBCP.

2.  In his application he requested an effective date of 6 January 2012 for his HPOIP; however, the contract he executed and signed clearly shows an effective date of 26 January 2012, the date of his Physician Assistant certification.  Therefore, the effective date shown on the contract of 26 January 2012 will be considered to the correct effective date for award of the outstanding HPOIP agreement in arrears.  

3.  Based on time served the applicant was eligible for the 1-year HPOIP at $5,000/year for the period from 26 January 2012 through 25 January 2013.  The evidence shows he executed the agreement on 15 August 2012 and it appears that circumstances beyond his control, to include unclear contract processing guidelines, were the primary cause for his late submission.  It can be presumed that a rational person would not 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 on 26 January 2012; therefore, his record should be corrected to show that he did so in a timely manner.

4.  In regard to his request for payment of his HPOBCP, the OTSG advisory opinion indicates that the applicant has already been paid this benefit.  If this is not the case, the applicant may resubmit his request for relief along with pay records or other such documentation that would verify that he did not receive the BCP.

5.  In view of the above, he should be granted partial relief as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x __  ___x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 
26 January 2012 through 25 January 2013 in a timely manner; and 

	b.  paying him retroactive HPOIP in accordance with his contract for the entire period covering 26 January 2012 through 25 January 2013, in the total amount of $5,000.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him a HPOBCP effective 26 January 2012 at this time or HPOIP with an effective date of 
6 January 2012.




      _______ _  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)                                         AR20120018467





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ABCMR Record of Proceedings (cont)                                         AR20120018467



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