BOARD DATE:	  11 April 2013 

		DOCKET NUMBER:  AR20120020304 


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) at $5,000/year effective from 29 March 2011 - 28 March 2012 and from 29 March 2012 - 28 March 2013.

2.  The applicant states he was unaware of the requirement to submit a contract yearly for the annual incentive pay.

3.  The applicant provides two HPOIP agreements. 

CONSIDERATION OF EVIDENCE:

1.  On 29 March 2010, he was commissioned a captain in the Regular Army in the Army Medical Specialist Corps.  

2. He submitted two HPOIP agreements, signed 26 June 2012, at $5,000/year for the periods 29 March 2011 - 28 March 2012 and 29 March 2012 - 28 March 2013.

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.  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 $5,000/year and executed by signature date 12 September 2012, when the applicant was aware of the annual contract requirement.   Neither contract was processed or paid since they were received outside of the payable fiscal year and the signature date was beyond the executed window policy.

	d.  Although the applicant was eligible for the HPOIPs during the periods requested, it is not an entitlement, but a discretionary contractual incentive pay requiring officer action.

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

4.  On 10 February 2013, the applicant provided a response to the advisory opinion.  He stated:

* when he joined the Army he completed paperwork for special pays for physician assistants and finally received it 14 months later
* when the bonus in 2011 didn't show up, he wrongfully assumed it would also take awhile so he waited
* when he asked a colleague about the special pay he was told they had already received it
* when he applied for the retention bonus for the next 4-year commitment the Madigan Hospital Special Pay representative asked him why he didn't sign his contract to receive the yearly incentive pay
* he told her he was unaware of the requirement he had to sign a contract annually
* she sent the contracts over and he signed them, however they were declined

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.  He must bear responsibility for his part of the HPOIP request and execution.  However, 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 29 March 2011 - 28 March 2012 and from 29 March 2012 - 28 March 2013.

2.  It appears circumstances beyond his 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 he would lose $5,000 per year.  He was clearly authorized to enter into an agreement for HPOIP for the periods from 29 March 2011 - 28 March 2012 and from 29 March 2012 - 28 March 2013.  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 at $5,000/year for the period covering  29 March 2011 - 28 March 2012 in a timely manner;

	b.  showing he entered into an HPOIP contract at $5,000/year for the period covering  29 March 2012 - 28 March 2013 in a timely manner; and

	c.  paying him retroactive payment of HPOIP in accordance with his contracts for the entire period covering 29 March 2011 through 28 March 2013.  



      _______ _   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)                                         AR20120020304



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ABCMR Record of Proceedings (cont)                                         AR20120020304



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