IN THE CASE OF:
BOARD DATE: 29 October 2013
DOCKET NUMBER: AR20130003632
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 annual Health Professions Officer Incentive Pay (HPOIP).
2. The applicant states:
* he was a physician assistant from 2009 until January 2013
* he signed an incentive pay contract in June 2012
* Office of the Surgeon General (OTSG) personnel were slow in processing his contract and caused it to be submitted after the end of the 2012 fiscal year
3. The applicant provides:
* HPOIP contract
* 18 January 2012 message
* Orders Number 275-0638, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, dated 1 October 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
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 2 January 2009. He was promoted to captain on 1 February 2010.
2. On 1 June 2012, the applicant submitted an HPOIP agreement which was approved by his command.
3. On 1 January 2013, the applicant was honorably discharged.
4. An advisory opinion was obtained on 6 June 2013 in the processing of this case from the Chief, Army Medical Department (AMEDD) Special Pay Branch, 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 the
1-year HPOIP contract for $5,000/year ($416.66 payable monthly) effective 1 October 2011 through 30 September 2012 was authorized; however, it was not received.
5. On 11 June 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.
6. 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 of the fiscal year in which the officer enters into an agreement; 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's request for payment of an annual HPOIP for the period 1 October 2011 through 30 September 2012 was carefully considered and determined to have merit.
2. Although it appears that his contract was not processed in a timely manner, he was clearly authorized to enter into an agreement for HPOIP for the period 1 October 2011 through 30 September 2012. 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 1 October 2011 through 30 September 2012 in a timely manner; and
b. paying him retroactive payment of HPOIP in accordance with his contract for the period covering 1 October 2011 through 30 September 2012, in the total amount of $5,000.
_______ _ 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) AR20130003632
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