IN THE CASE OF:
BOARD DATE: 20 June 2013
DOCKET NUMBER: AR20120019068
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, payment of annual Health Professions Officer Incentive Pay (HPOIP) effective 27 July 2012.
2. The applicant states he submitted his HPOIP late because he did not realize the date of his previous contract ended in July of 2012.
3. The applicant provides copies of his request for HPOIP, dated 24 September 2012, and his State of Colorado Veterinarian License.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer, Veterinary Corps, and executed an oath of office on 7 June 2010.
2. The applicant submitted an HPOIP agreement on 24 September 2012 for the period 27 July 2012 through 26 July 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 on a monthly basis, subject to the availability of funds, at the amount of $2,500/year."
3. On 19 December 2012, an advisory opinion was obtained in the processing of this case. An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General, stated:
a. The applicant requests payment of the 1-year HPOIP in the dollar amount of $2,500/year effective 27 July 2012 through 26 July 2013. Current policy requires contracts to be prepared and executed by signature up to 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 records indicates payment of HPOIP at $2,500/year, payable at $208.33/month effective 27 July 2011 through 26 July 2012 and again for the period 8 October 2012 through 7 October 2013. Although the officer must bear responsibility for his part of the contract request and execution, it can be supported based on the failure to be properly informed at the local Human Resource level.
c. The officer was eligible for the 1-year HPOIP at $2,500.00/year effective
27 July 2012 through 26 July 2013. The officer should have the current contract effective 8 October 2012 changed to 27 July 2012, and paid the difference for the missed period from 27 July 2012 and 7 October 2012 (approximately 73 days = $507 prior to taxes). His HPOIP contract will be on a 27 July cycle.
4. The applicant was provided a copy of this advisory opinion but no response was received.
5. 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 his HPOIP.
2. The applicant was eligible for the 1-year HPOIP at $2,500/year from 27 July 2012 through 26 July 2013; however, he executed the agreement on
24 September 2012, this exceeded the 30-day time limitation for him to request HPOIP. 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. It appears that he was not aware of the ending date of his contract which led to the delay in submitting the agreement. It is reasonable to presume that a rational person would not intentionally fail to submit an application for HPOIP knowing that he would lose $2,500 per year. He was clearly authorized to enter into an agreement for HPOIP for the period 27 July 2012 through 26 July 2013; therefore, his record should be corrected to show that he did so in a timely manner.
3. In view of the above, his request should be granted.
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. amending his current contract effective 8 October 2012 to show he entered into an HPOIP contract for the period covering 27 July 2012 through
26 July 2013 in a timely manner; and
b. paying him retroactive HPOIP in accordance with his contract for the missed period covering 27 July 2012 through 7 October 2012 (exact amount to be determined by the Defense Finance and Accounting Service).
_______ _ _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) AR20120019068
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120019068
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120018467
The applicant submitted an HPOIP agreement on 15 August 2012 for the period 26 January 2012 through 25 January 2013. 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. 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...
ARMY | BCMR | CY2013 | 20130000627
The applicant requests payment of Health Professions Officer Incentive Pay (HPOIP) for the period 20 March to 30 September 2012. c. A review of the application indicates the applicant has a Washington State Psychologist License with an initial issuance date of 20 March 2012. d. A review of the available special pay and financial data indicates the applicant had executed a contract and received all payments for a 1-year HPOIP at $5,000.00 per year, payable at $416.66 per month, effective 1...
ARMY | BCMR | CY2013 | 20130000980
The applicant requests payment of an annual Health Professions Officer Incentive Pay (HPOIP) from 4 May 2012 through 30 September 2012. She submitted an HPOIP agreement on 10 October 2012 for the period 1 October 2012 through 30 September 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing she timely entered into an HPOIP contract for the period covering 4 May 2012 through 30 September 2012 in a timely...
ARMY | BCMR | CY2013 | 20130000621
The applicant requests payment of a Health Professions Officer Incentive Pay (HPOIP) effective from 19 April to 30 September 2012. c. A review of the applicant's records indicates he has a Washington State Psychologist License with an initial issuance of 19 April 2012. d. A review of the applicant's special pay and financial data indicates he had executed and received all payments for a 1-year HPOIP at $5,000.00 per year, payable at $466.66 per month effective 1 October 2012. There is no...
ARMY | BCMR | CY2012 | 20120020304
The applicant states he was unaware of the requirement to submit a contract yearly for the annual incentive pay. The applicant provides two HPOIP agreements. The applicant's special pay file indicates payment of an authorized indefinite HPO Board Certification Pay contract at $6,000/year commencing 29 March 2010 and a 1-year HPOIP contract at $5,000/year effective 29 March 2010 - 28 March 2011. c. The requested 1-year HPOIP contracts are effective 29 March 2011 and 29 March 2012 at...
ARMY | BCMR | CY2012 | 20120018459
The applicant requests payment of an annual Health Professions Officer Incentive Pay (HPOIP) for the period 1 October 2011 to 30 September 2012. 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. A review of the applicant's military pay files show no record of a processed or paid HPOIP agreement for the period 1 November...
ARMY | BCMR | CY2013 | 20130000042
He provides: a. an HPOBCP contract signed on 13 July 2010 showing he entered into an HPOBCP agreement effective 1 October 2009 for an indefinite term for which he would be paid at a rate of $6,000.00 per year; b. an HPOIP contract signed on 13 July 2010 showing he agreed to serve 1 year of continuous active duty effective 1 October 2009 to receive HPOIP in the amount of $5,000.00 per year paid in one lump sum; c. an HPOIP contract signed on 9 September 2011 showing he agreed to serve 1 year...
ARMY | BCMR | CY2013 | 20130003247
The applicant provides: * Orders Number RY-230-0426, Headquarters, 1st Infantry Division, Fort Riley, KS, dated 18 August 2010 * two HPOIP agreements * National Commission on Certification of Physician Assistants Identification Card * memorandum, U.S. Army Medical Department Medical Activity (AMEDD), Fort Riley, KS, dated 1 May 2012 * two AMEDD Special Pay Record Briefs CONSIDERATION OF EVIDENCE: 1. A review of the applicant's special pay and finance data indicates that a 1-year HPOIP...
ARMY | BCMR | CY2013 | 20130003632
IN THE CASE OF: BOARD DATE: 29 October 2013 DOCKET NUMBER: AR20130003632 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests payment of annual Health Professions Officer Incentive Pay (HPOIP). The applicant states: * he was a physician assistant from 2009 until January 2013 * he signed an incentive pay contract in June 2012 * Office of the Surgeon General (OTSG) personnel were slow in processing his contract and caused it to be submitted after the end of the 2012 fiscal year 3.
ARMY | BCMR | CY2013 | 20130004712
The applicant requests payment of Health Professions Officer (HPO) Incentive Pay (HPOIP) and HPO Board Certification Pay (HPOBCP) for the period 10 June 2011 to May 2013. He provides: * documentation pertaining to his credentialing and staff privileges * Orders A-03-008803, dated 22 March 2010 * printout of his record with the National Commission on Certification of Physician Assistants (NCCPA) * Master of PA Studies diploma, dated 8 May 2010 * All Army Activities (ALARACT) Message...