BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130000042 


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 Health Professions Officer (HPO) Incentive Pay (HPOIP) for fiscal years 2010, 2011, and 2012.

2.  He states he is a physician assistant (PA) serving on active duty.  During his active duty service obligation following PA school, he is entitled to $5,000.00 of incentive pay per year.  He submitted contracts in a timely manner, and multiple times they were either lost or misplaced at the Office of the Surgeon General (OTSG) or the Defense Finance and Accounting Service (DFAS).  He has not received payment for 2010, 2011, or 2012.  He is not sure if he received payment for 2009.  He is owed incentive pay for 3 years at a minimum.  Starting in 2013, he will be authorized $20,000.00 per year for a 4-year commitment.  He would like to have all incentive pay owed to him cleared up before he initiates a new contract.  

3.  He provides requests for HPO Board Certification Pay (HPOBCP) and HPOIP for periods beginning 1 October 2009, 1 October 2011, and 1 October 2012.

CONSIDERATION OF EVIDENCE:

1.  Following a period of enlisted service, on 8 May 2009, the applicant took the oath of office as a Regular Army (RA) first lieutenant/O-2 in the Medical Specialist Corps in area of concentration (AOC) 65D (PA).  He is currently serving as an RA captain/O-3 in AOC 65D,

2.  His Army Military Human Resource Record does not contain any HPOIP or HPOBCP contracts.  

3.  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 of continuous active duty effective 1 October 2011 to receive HPOIP in the amount of $5,000.00 per year paid in one lump sum; and

	d.  an HPOIP contract signed on 5 October 2012 showing he agreed to serve 1 year of continuous active duty effective 1 October 2012 to receive HPOIP in the amount of $5,000.00 per year paid on a monthly basis.

4.  On 9 July 2013, the Chief, Army Medical Department Special Pay Branch, provided an advisory opinion.  

	a.  The advisory official reviewed the applicant's record in the Medical Operational Data System (MODS) special pay module, which showed the following contracts had been processed for the applicant:

* indefinite HPOBCP at $6,000.00 per year effective 1 October 2009 disbursed as "SAVE PAY" at a rate of $500.00 per month as consistently shown on the applicant's Leave and Earnings Statements
* annual HPOIP contracts at $5,000.00 per year effective 1 October 2009, 1 October 2010, 1 October 2011, and 1 October 2012 disbursed as "SAVE PAY" at a rate of $416.66 per month 
* a 4-year HPO Retention Bonus (HPORB) contract at $20,000 per year paid in a lump sum effective 9 May 2013 to 8 May 2017

	b.  The advisory official stated that, based on the MODS authorizations and a review of the applicant's Leave and Earnings Statements, the applicant has been paid all periods of HPOBCP and HPORB.  He was not paid HPOIP for the 
3-month period 1 October to 31 December 2012.  The advisory official stated he was authorized HPOIP for this period and should be paid.

5.  The applicant was provided a copy of the advisory opinion for his review and comment.  He did not object to the advisory official's findings.

6.  Department of Defense Financial Management Regulation, volume 7A, chapter 5, provides for various incentive pays, two of which are HPOIP and HPOBCP.

	a.  To be eligible for an incentive pay, an HPO must be a licensed clinical psychologist, licensed clinical social worker, or PA; have completed specialty qualification before 1 October of the fiscal year in which the officer enters into an agreement; signed 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 PA's have been designated as HCP's.

	b.  Subject to acceptance by the Secretary concerned, an HCP must be currently credentialed and privileged at an MTF in the specialty for which the incentive pay is to be paid.  The Secretary concerned may also approve recommendations for incentive payments to fully-qualified HCP's 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 HPOIP must be paid in monthly installments.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates that an oversight on the part of the applicant led him to believe he had not been paid HPOIP for fiscal years 2010, 2011, and 2012.  The advisory official notes that, with the exception of the 3-month period from 1 October to 31 December 2012, the applicant received all HPO incentive pays he was authorized as verified by his Leave and Earnings Statements. 

2.  The advisory official found the applicant was eligible for but did not receive HPOIP for the period 1 October to 31 December 2012.  It appears the gap in HPOIP payments may have been caused by a delay in submitting and/or processing his HPOIP contract for the 1-year period beginning 1 October 2012.  It would be appropriate to correct his record to show his HPOIP contract for the 1-year period beginning 1 October 2012 was submitted and processed in a timely manner and pay him any HPOIP he is due as a result of this correction.  


BOARD VOTE:

___x_____  ___x_____  __x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 showing his HPOIP contract for the 1-year period beginning 1 October 2012 was submitted and processed in a timely manner and paying him any HPOIP he is 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)                                         AR20130000042





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ABCMR Record of Proceedings (cont)                                         AR20130000042



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