IN THE CASE OF:	  

		BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20130003247 


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) for the period 25 June 2011 to 25 [24] June 2012 and 25 June 2012 to 25 [24] June 2013.

2.  The applicant states:

* he has been an active duty physician assistant for the Army since May 2010 and has received a 1-year payment of $5,000 specialty pay
* his deployments caused delays in the processing of his applications for the HPOIP 
* he served honorably during the period and has attempted to rectify the situation

3.  The applicant provides:

* Orders Number RY-230-0426, Headquarters, 1st Infantry Division, Fort Riley, KS, dated 18 August 2010
* two HPOIP agreements
* National Commission on Certification of Physician Assistants Identification Card
* memorandum, U.S. Army Medical Department Medical Activity (AMEDD), Fort Riley, KS, dated 1 May 2012
* two AMEDD Special Pay Record Briefs



CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant was appointed as a Regular Army commissioned officer, Army Medical Specialist Corps, and executed an oath of office on 31 December 2009.  He was promoted to captain on 1 January 2011.

2.  Orders Number RY-230-0426, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, on 18 August 2010, show the applicant was deployed in support of Operation Iraqi Freedom on 29 September 2010 for a period of 365 days.  On 5 May 2011, these orders were amended to show Operation New Dawn.

3.  A review of the applicant's records shows he was awarded a Bronze Star Medal for his meritorious service while assigned in a combat zone.  The awarding period was from 10 October 2010 to 1 October 2011.

4.  Orders Number RY-230-0426 (A3), issued by Headquarters, 1st Infantry Division, Fort Riley, KS, on 16 November 2011, extended his deployment to 380 days rather than 365 days.

5.  He submitted HPOIP agreements on 28 October 2011 and on 27 April 2012.  He also indicated he was certified as a Health Care Professional through 13 December 2012.

6.  An advisory opinion was obtained on 6 May 2013 in the processing of this case from the Chief, AMEDD Special Pay Branch, Office of the Surgeon General (OTSG).  The official stated:

     a.  Current policy requires contracts to be prepared via the Medical Operational Data System (MODS) special pay module.  Contracts must be prepared and executed 90 days in advance or 30 days after the effective date; otherwise, the effective date must be reestablished as the date of signature.  

     b.  A review of the applicant's special pay and finance data indicates that a 
1-year HPOIP contract for $5,000/year ($416.66 payable monthly) effective 25 June 2010 through 24 June 2011 was authorized and paid.  There is no record of any other HPOIP contracts being initiated by the applicant or his command.

     c.  The OTSG cannot make payments retroactive for the earlier timeframe due to the Defense Finance and Accounting Service policy and procedure limitations.  

7.  On 9 May 2013, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond within the allotted time.

8.  DOD 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 Health Professional Officer (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.  Although he must bear responsibility for his part of the agreement request and execution, award of the outstanding HPOIP agreement in arrears would be based on time served.  The applicant was eligible for the 1-year HPOIP at $5,000/year from 25 June 2011 through 24 June 2012 and from 25 June 2012 through 24 June 2013.

2.  It appears his extended deployment led to the delay in submitting the agreements.  Furthermore, it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that he would lose $5,000 per year.  He was clearly authorized to enter into an agreement for HPOIP for the periods 25 June 2011 through 24 June 2012 and from 25 June 2012 through 24 June 2013.  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 HPOIP contracts for the periods covering 25 June 2011 through 24 June 2012 and from 25 June 2012 through 24 June 2013 in a timely manner; and

    b.  paying him retroactive payment of HPOIP in accordance with his contract for the entire periods covering 25 June 2011 through 24 June 2012 and from 25 June 2012 through 24 June 2013, in the total amount of $10,000.





      _______ _   _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)                                         AR20130003247



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ABCMR Record of Proceedings (cont)                                         AR20130003247



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