IN THE CASE OF:	  

		BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120022899 


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 her Physician Assistant Special Pay.

2.  The applicant states her initial orders for the Active Guard Reserve (AGR) position with the 31st Civil Support Team started in March 2011.  The eligibility for the special pay (Retention Bonus/Incentive Pay) was questionable at the time. The Office of the Surgeon General (OTSG) was unable to process the March 2012 contract since it was in early 2013 when it was submitted. 

3.  The applicant provides:

* Physician Assistant Professional License
* Orders 088-501 (transfer to the 31st Civil Support Team)
* Orders 083-010 (orders to AGR)
* Memorandum of branch designation
* State appointment orders
* National Guard Bureau (NGB) Special Orders (SO) Number 137 AR
* Email exchange
* All Army Activities (ALARACT) Message 195/2010, dated 26 June 2010, Subject: ALARACT Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s) and Veterinarians
* Request for Health Professions Officer Combined Incentive Pay and Retention Bonus



CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a second lieutenant in the Delaware Army National Guard (DEARNG) and she executed an oath of office on 20 January 2006. 

2.  She attended and successfully completed the Army Medical Department Officer Basic Course from 22 January to 3 February 2007.  She was promoted to captain in the DEARNG on 23 November 2010.

3.  She was ordered to active duty on 27 October 2010 and subsequently served in Kuwait/Iraq from 6 November 2010 to 13 March 2011.  She was honorably released from active duty on 24 March 2011.

4.  She was ordered to active duty in the AGR program on 25 March 2011 for a period of 3 years to serve as a Physician Assistant.  She was assigned to the 31st Civil Support Team, Smyrna, DE.  

5.  On 19 November 2012, she executed/submitted a request for Health Professions Officer Combined Incentive Pay and Retention Bonus.  She indicated her Health Professions Pay Entry Date (HPPED) is 20 January 2006 and she is a licensed Health Professional.  She also indicated she agreed to a 
2-year active duty obligation beginning on 19 November 2012.  In considering her entry into this agreement, the Army agrees to pay her the Incentive Pay and Retention Bonus in an equal amount of $15,000 for each year of the agreement.  Payment would be made upon the agreement effective date.

6.  An advisory opinion was obtained from OTSG on 6 May 2013 in the processing of this case.  An OTSG official recommended approval of her request. The official stated:

	a.  The applicant requests a 4-year Health Professions Officer Retention Bonus (HPORB) contract at $20,000/year linked with a 4-year Health Professions Officer Incentive Pay (HPOIP) contract at $5000/year, both effective retroactive to 20120325.  As an AGR officer, she indicates there was confusion regarding their eligibility for the special pay.

	b.  Current policy requires contracts to be prepared and executed by signature, up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action.

	c.  A review of available officer personnel and finance data indicates that officer has orders for an active duty tour 20110325-20140324; as well as an executed 2-year HPORB at $10,000/year and 2-year HPOIP at $5,000/year effective 20121119-20141118.  There is no record of any other contracts.

	d.  An HPO special pay contract can only be authorized for the period that the officer is known to be on active duty and cannot extend them past that end date. Since the applicant's current orders are for the period 20110325-20140324, she would only be eligible for a contract within that period.

	e.  She currently has a 2-year HPORB at $10,000/year and a 2-year HPOIP at $5,000/year effective 20121119-20141118.  These dates are outside her orders and will be adjusted to expire no later than 20140324.

	f.  She would have been eligible for a 3-year HPORB contract at $15,000/year linked with a 3-year HPOIP contract at $5,000/year, both effective retroactive to 20110325-20140324.  If authorized, the difference due the officer from existing contracts would need to be determined by the Defense Finance and Accounting Service - Indianapolis (DFAS- IN).

7.  The applicant was provided with a copy of this advisory opinion but she did not respond within the allotted time. 

8.  ALARACT Message 195/2010, dated 26 June 2010, Subject: ALARACT Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s) and Veterinarians states: 

	a.  Incentive Pay (IP) is authorized for a Physician Assistant at the rate of $5,000/year.  Eligibility date begins not earlier than upon completion of qualifying training plus three months, and date of privileging or licensure as an HPO, whichever comes last, or not earlier than 1 October of the Fiscal Year for which the IP is approved if not under a Retention Bonus Agreement.  The HPO must execute a binding written IP agreement to remain on active duty not less than 1 year beginning on the agreement effective date, or if not under a Retention Bonus agreement, may enter into a new 1-year Incentive Pay agreement at the rate listed.    

	b.  A Retention Bonus (RB) is authorized for a Physician Assistant at the rate of $20,000 for a 4-year obligation, $15,000 each year for a 3-year obligation, and $10,000 for a 2-year obligation.  The HPO must sign a written agreement to remain on active duty as a health professions officer for 2, 3, or 4 years, and the agreement must be approved by the commander.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant was ordered to active duty for a period of 3 years beginning on 25 March 2011 and ending on 24 March 2014.  She executed a 2-year HPORB at the rate of $10,000 per year and the HPOIP at the rate of $5,000 per year, effective 19 November 2011 and through 18 November 2014.  

2.  Special pay contracts can only be authorized for the period the officer is on active duty and cannot extend beyond the end date of active duty.  In other words, since her active duty orders terminate on 24 March 2014, the Special Pay contract she executed and ends on 19 November 2014 is outside her active duty orders.  

3.  Since she had a 3-year active duty commitment, she would have been eligible for a 3-year HPORB contract at $15,000/year linked with a 3-year HPOIP contract at $5,000/year, both effective retroactive to 25 March 2011 and terminating on 24 March 2014.  

4.  The applicant should be entitled to correction of her records to show she is authorized to receive $15,000/year for her HPORB and $5,000/year for HPOIP, both effective/retroactive to 25 March 2011 and terminating on 24 March 2014.  

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 executed/submitted a request for Health Professions Officer Combined Incentive Pay and Retention Bonus, on 25 March 2011, for a 3-year active duty commitment, with eligibility for a 3-year HPORB contract at $15,000/year linked with a 3-year HPOIP contract at $5,000/year;

	b.  her executed contract was timely received, approved by her commander, and processed by the appropriate pay office; and

	c.  paying her any monies due as a result of this correction. 



      _______ _   _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)                                         AR20120022899



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ABCMR Record of Proceedings (cont)                                         AR20120022899



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