IN THE CASE OF:	  

		BOARD DATE:	  25 July 2013

		DOCKET NUMBER:  AR20120021547 


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) for the period 2011-2012 in the amount of $5,000.00.

2.  The applicant states that as a Physician Assistant in the U.S. Army, she is entitled to receive incentive pay in the amount of $5,000.00 per year. She received the pay for the period 2010-2011 but she did not receive it for her service during the period 2011-2012.  She contends that on the initial contract, she was told to put "indefinite" as the expiration date of her license as a Physician Assistant and she was led to believe that as long as she maintained her license she would be receiving the incentive pay.  As it turned out, she needed to re-apply for it annually.  She submitted the paperwork and it was approved by the deputy commander of the hospital at Fort Bliss, TX and then sent to the U.S. Army Human Resources Command for approval.  She started this process in January 2012 but she has not heard anything about the progress of receiving the incentive pay.

3.  The applicant provides HPOIP requests and agreement and a DD Form 214 (Certificate of Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer, Medical Specialist Corps, and entered active duty on 30 January 2010.  She was discharged on 19 May 2012.

2.  An advisory opinion was obtained from the Office of the Surgeon General, Army Medical Department Special Pay Branch.  An official from this office indicated:

	a.  The applicant requests payment of a 1-year HPOIP in the amount of $5,000.00/year effective 6 April 2011-5 April 2012.  Applicant indicates they were advised to indicate indefinite for the license end date and the contract would continued to be paid indefinitely.  

	b.  Current policy allows contracts to be prepared and executed by signature 90 days in advance or 30 days after effective date, otherwise effective date must be reestablished as date of signature.  As indicated on the applicant- supplied HPOIP contract, the requested 1-year HPOIP contract at $5,000.00/year effective 6 April 2011 was executed by signature date 31 January 2012, when the applicant was aware of the annual contract requirement.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year would be returned without action.

	c.  A review of the available applicant's special pay and finance data indicates no payment of the request HPOIP contract.

	d.  The applicant indicates they were advised incorrectly in executing the initial HPOIP and she executed the petitioned contract upon being made aware of the requirement.  Although the applicant was eligible for the HPOIP contract at $5,000.00/year effective 6 April 2011-5 April 2012, it is not an entitlement, but a discretionary contractual incentive pay requiring officer action.

3.  The advisory opinion was provided to the applicant to afford her the opportunity to reply to its contents.  No response was received.  

4.  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 applicant requests retroactive payment of an HPOIP effective from 
6 April 2011 to 5 April 2012 due to an incorrect local interpretation of the governing guidance.

2.  The available evidence indicates the applicant was denied an HPOIP due to no fault of her own.  She was clearly authorized to enter into an agreement for HPOIP for the period stated above.  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 
6 April 2011 to 5 April 2012 in a timely manner; and

	b.  paying her retroactive HPOIP in accordance with his contract for the entire period in the approximate amount of $5,000.00; the 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)                                         AR20120021547



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ABCMR Record of Proceedings (cont)                                         AR20120021547



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