IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130004369
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) at $5,000/year effective 1 September 2011 - 31 August 2012.
2. The applicant states he is a physician assistant currently serving on active duty and he was not paid HPOIP in 2011. He applied numerous times, but his application was never processed. After calling Miss M_______, he was told he must seek relief through the Army Board for Correction of Military Records (ABCMR).
3. The applicant provides his HPOIP agreement, signed on 21 May 2012.
CONSIDERATION OF EVIDENCE:
1. He previously served 7 years, 1 month, and 26 days of active Regular Army (RA) service in an enlisted status. On 13 May 2011, he was commissioned a second lieutenant in the RA in the Medical Specialist Branch.
2. He submitted an HPOIP agreement, signed 21 May 2012, at $5,000/year effective 1 September 2011.
3. An advisory opinion was obtained on 6 June 2013 in the processing of this case. An official at the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG) stated:
a. Current policy requires contracts to be prepared via the Medical Operational Data System special pay module, and executed by signature up to 90 days in advance or within 30 days after the effective date; otherwise, 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 special pay and finance records indicate the applicant received payments for HPOIP at $5,000/year effective 1 October 2012 to date. There is no record of an officer-supplied commander-approved 1-year HPOIP contract at $5,000/year effective 1 September 2011 - 31 August 2012.
c. The applicant is eligible for a 1-year HPOIP contract at $5,000/year effective 1 September 2011 - 31 August 2012, and he would be eligible for retroactive payment.
4. On 13 June 2013, a copy of the advisory opinion was provided to the applicant for comment. However, no response has been received.
5. 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 of the fiscal year in which the officer enters into an agreement; signed 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 HPO incentive pay must be paid in monthly installments.
DISCUSSION AND CONCLUSIONS:
1. The 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 1 September 2011 - 31 August 2012.
2. It appears circumstances beyond the applicant's control led to the delay in submitting the agreement. 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 period. 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 at $5,000/year for the period covering 1 September 2011 - 31 August 2012 in a timely manner; and
b. paying him retroactive HPOIP in accordance with his contract for the period covering 1 September 2011 - 31 August 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.
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