IN THE CASE OF:	  

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20130000627 


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 Incentive Pay (HPOIP) for the period 20 March to 30 September 2012.  

2.  He states an incorrect local interpretation of the phrase "qualifying training" led to the decision that he was ineligible for special professional pay under criteria announced in All Army Activities (ALARACT) Message 195-2010.  Due to the incorrect interpretation, he did not receive special professional pay in fiscal year (FY) 2012, even though he was eligible between 20 March and 30 September 2012.  Information from the U.S. Army Human Resources Command (HRC) and the Office of the Surgeon General (OTSG) resulted in him receiving the pay in FY 2013 beginning on 1 October 2012.  He was advised to apply to this Board to receive special professional pay for FY 2012.  

3.  He provides:

* memorandum, subject:  FY 2012 Professional Pay for Licensed Psychologists
* memorandum, subject:  Request for HPOIP
* his and three other individuals' Psychologist Licenses
* e-mail correspondence

CONSIDERATION OF EVIDENCE:

1.  On 21 June 2010, the applicant entered active duty as a captain in the Medical Service Corps.
2.  He provides his Washington State Department of Health Psychologist License, which shows an initial issuance date of 20 March 2012 and an expiration date of 11 November 2013.

3.  His record includes an approved HPOIP contract for the 1-year period beginning on 1 October 2012.

4.  During the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG, Falls Church, VA.  The opinion states:

	a.  The applicant requests a 1-year HPOIP contract at $5,000 per year effective retroactive to March 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 of 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 application indicates the applicant has a Washington State Psychologist License with an initial issuance date of 20 March 2012.

	d.  A review of the available special pay and financial data indicates the applicant had executed a contract and received all payments for a 1-year HPOIP at $5,000.00 per year, payable at $416.66 per month, effective 1 October 2012.  There is no record of any other HPOIP contracts.

	e.  Based on the extenuating circumstances presented by the applicant, an HPOIP contract can be effective retroactive to 20 March 2012.  The applicant would be authorized a prorated payment for the period from 20 March 2012 to 30 September 2012 in the approximate amount of $2,639.  The exact amount should be determined by the Defense Finance and Accounting Service (DFAS).

	f.  Only the Director, DFAS–Indianapolis (DFAS-IN), may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the Army Board for Correction of Military Records (ABCMR).  Therefore, any relief granted by the ABCMR should be addressed for action to the Corrections and Claims Section, DFAS-IN.

5.  On 12 March 2013, the applicant indicated he had seen the advisory opinion and requested the ABCMR consider adopting the advisory opinion in whole.
6.  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 IP, 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 evidence supports the applicant's request for payment of HPOIP for the period 20 March to 30 September 2012.

2.  The available evidence indicates the applicant was denied HPOIP through no fault of his own.  Upon receiving his license on 20 March 2012, he was 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 in a timely manner for the period covering 20 March 2012 through 30 September 2012; and

	b.  paying him retroactive HPOIP in accordance with his contract for the entire period in the approximate amount of $2,639, with 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.



ABCMR Record of Proceedings (cont)                                         AR20130000627





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ABCMR Record of Proceedings (cont)                                         AR20130000627



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