IN THE CASE OF:	  

		BOARD DATE:	  30 April 2013

		DOCKET NUMBER:  AR20130000980 


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 an annual Health Professions Officer Incentive Pay (HPOIP) from 4 May 2012 through 30 September 2012.

2.  The applicant states she was entitled to this pay for her duties as an active duty clinical psychologist but due to incorrect guidance, the pay was not dispensed.  The interpretation of the phrase "qualifying training" by Madigan Army Hospital, Graduate Medical Education, led to the incorrect outcome.

3.  The applicant provides an HPOIP agreement, email exchange, and psychologist license.

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer, Army Medical Specialist Corps, and executed an oath of office on 13 February 2008.

2.  She entered active duty on 21 June 2010 and she completed her clinical psychology internship at Madigan Healthcare System, Tacoma, WA, from
4 October 2010 to 3 October 2011.

3.  She received a psychologist license, issued on 4 May 2012, valid from 27 July 2012 through 30 September 2013.

4.  She submitted an HPOIP agreement on 10 October 2012 for the period 1 October 2012 through 30 September 2013.

5.  During the processing of this case, on 5 March 2013, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG) with a recommendation for approval.  The advisory official stated:

	a.  The applicant requests payment of the 1-year HPOIP in the dollar amount of $5,000.00/year.  Current policy requires contracts to be prepared with a full valid unrestricted license via the Medical Operational Data System (MODS) 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.

	b.  A review of the applicant's record indicates she has a Washington State psychologist license issued on 4 May 2012.  The review also reveals she executed the HPOIP at $5,000.00/year, payable at $416.66/month effective 1 October 2012.  There is no record of any other HOPIP contracts.  Based on extenuating circumstances presented by the applicant in her application, the HPOIP contract can be effective retroactive to 4 May 2012.  As such, she would be authorized a prorated payment for the period 4 May 2012 through
30 September 2012 of approximately $2,032 (the exact amount may be determined by Defense Finance and Accounting Service (DFAS) officials).

	c.  The OTSG cannot make payments retroactive for the earlier timeframe due to the DFAS policy and procedure limitations.

6.  On 5 March 2013, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

7.  DOD Financial Management Regulation (DODFMR), Volume 7A, chapter 5, provides for various incentive pays, one of which is HPOIP.

	a.  To 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 available evidence supports the applicant’s contention.  Award of the outstanding HPOIP agreement in arrears should be based on time served.  The applicant was eligible for the 1-year HPOIP at $5,000.00/year from 4 May 2012 (the date she received her license) through 30 September 2012. 

2.  It appears circumstances beyond her control led to the delay in submitting the agreement.  She did not execute the agreement until 10 October 2012.  It appears she was not properly counseled as it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that he or she would lose $5,000.00 per year.  The applicant was clearly authorized to enter into an agreement for HPOIP for the period from 4 May 2012 through 30 September 2012.

3.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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:

* showing she timely entered into an HPOIP contract for the period covering 4 May 2012 through 30 September 2012 in a timely manner
* showing her HPOIP contract was properly received and processed by the appropriate office
* paying her retroactive payment of HPOIP in accordance with her contract for the period 4 May 2012 through 30 September 2012



      ___________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)                                         AR20130000980



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ABCMR Record of Proceedings (cont)                                         AR20130000980



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