BOARD DATE: 2 May 2013
DOCKET NUMBER: AR20130000621
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 a Health Professions Officer Incentive Pay (HPOIP) effective from 19 April to 30 September 2012.
2. The applicant states an error occurred due to an incorrect local interpretation of the governing directives. He is currently receiving an HPOIP for fiscal year 2013.
3. The applicant provides copies of:
* Memorandum, Madigan Healthcare System, dated 18 December 2012
* Washington State Department of Health Psychologist License for 19 April 2012 through 27 July 2013
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a captain, Medical Service Corps.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of the Surgeon General (OTSG), Falls Church, VA. The opinion stated:
a. The applicant requests payment of the 1-year HPOIP in the dollar amount of $5,000/year, retroactive to fiscal year 2012.
b. Current policy requires contracts to be prepared with a full valid unrestricted license via the Medical Operational Data System special pay module, 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. 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 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 record of any other HPOIP contracts.
e. The OTSG cannot make payments retroactive for the earlier timeframe due to Defense Finance and Accounting Service (DFAS) policy and procedure limitations.
f. Based on the extenuating circumstances as presented by the applicant, the HPOIP contract described in paragraph 2d above, can be effective retroactive to 19 April 2012. The applicant should be authorized a prorated payment for the period from 19 April 2012 to 30 September 2012 in the approximate amount of $2,236.00; the exact amount to be determined by DFAS.
3. On 12 March 2013, a copy of the advisory opinion was sent to the applicant. The applicant's response stated he chose not to submit additional comments.
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
19 April to 30 September 2012 due to an incorrect local interpretation of the governing guidance.
2. The available evidence indicates that the applicant was denied an HPOIP due to no fault of his own. He was clearly authorized to enter into an agreement for HPOIP for the period stated above. 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 for the period covering
19 April 2012 through 30 September 2012 in a timely manner; and
b. paying him retroactive HPOIP in accordance with his contract for the entire period in the approximate amount of $2,236.00; the exact amount to be determined by DFAS.
_______ _ 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.
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