BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130004712 


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 (HPO) Incentive Pay (HPOIP) and HPO Board Certification Pay (HPOBCP) for the period 10 June 2011 to May 2013.

2.  He states he has applied multiple times for both HPOBCP and HPOIP and has not received any payments.  Initially, he submitted paperwork directly to the U.S. Army Human Resources Command per the directives at that time.  No action was taken.  Numbers of physician assistants (PA's) in the Army were not properly getting the payments, which triggered a change in document submission procedures.  He resubmitted applications with unit authorization through the medical treatment facility (MTF).  No action was taken.  He most recently submitted applications through the MTF with the MTF Commander's authorization per current policy for bonuses to take effect from May 2013 to May 2014.  He was advised by the MTF to submit a request to this Board for back pay.  

3.  He provides:

* documentation pertaining to his credentialing and staff privileges
* Orders A-03-008803, dated 22 March 2010
* printout of his record with the National Commission on Certification of Physician Assistants (NCCPA)
* Master of PA Studies diploma, dated 8 May 2010
* All Army Activities (ALARACT) Message 195/2010, dated 26 June 2010, subject:  ALARACT Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, PA(s), and Veterinarians
* Officer Record Brief, dated 28 August 2010
* DA Form 1059 (Service School Academic Evaluation Report), dated 20 September 2010
* request for HPOBCP, dated 23 July 2012
* requests for HPOIP, dated 23 July 2012 and 8 February 2013
* memorandum, dated 28 August 2012, subject:  Request for HPOIP and HPOBCP
* memorandum, dated 9 October 2012, subject:  [Applicant] Health Profession Officer Incentive and Board Certification Pay Contracts
* 21 Defense Finance and Accounting Service (DFAS) Forms 702 (DFAS Military Leave and Earnings Statement)

CONSIDERATION OF EVIDENCE:

1.  Having prior enlisted service in the Regular Army, the applicant took the oath of office as an RA Medical Specialist Corps first lieutenant/O-2 on 7 May 2010.  He is currently serving in the rank/grade of captain/O-3 as a PA in the Medical Specialist Corps.

2.  A DA Form 1059 shows he successfully completed the Interservice PA Program Phase II on 7 May 2010.

3.  He provides a diploma showing the degree of Master of PA Studies was conferred upon him on 8 May 2010.

4.  His Army Military Human Resource Record (AMHRR) contains:

	a.  a memorandum, dated 23 July 2012, subject:  Request for HPOBCP, showing –

* he requested HPOBCP effective 10 June 2011 for an indefinite term
* he received NCCPA certification effective 10 June 2011
* the request was approved by the Deputy Commander for Clinical Services, William Beaumont Army Medical Center (WBAMC), Fort Bliss, TX

	b.  a memorandum, dated 23 July 2012, subject:  Request for HPOIP, showing –

* he requested HPOIP effective 10 June 2011
* his request was approved by the Deputy Commander for Clinical Services, WBAMC, Fort Bliss, TX

	c.  a memorandum, dated 28 August 2012, subject:  Request for HPOIP and HPOBCP, in which he stated he was reapplying for the subject pay because a request from June 2011 was not tracked;

	d.  a memorandum, dated 9 October 2012, subject:  [Applicant] Health Profession Officer Incentive and Board Certification Pay Contracts, from the Chief, Military Personnel, WBAMC, who stated:

* the applicant applied for HPOIP and HPOBCP late due to a lack of guidance on the process 
* the applicant “was clearly performing patient care and fully qualified for the bonus“
* she requested the applicant's contracts be processed without affecting his authorization date

	e.  a memorandum, dated 8 February 2013, subject:  Request for HPOBCP, showing his request for HPOBCP effective 1 May 2013 for an indefinite term was approved and that he received certification from the NCCPA effective 10 June 2011.

5.  He provides his DFAS Forms 702 covering monthly periods from June 2011 to February 2013, none of which show he received HPOIP or HPOBCP.  He also provides a printout of his NCCPA record showing he was initially certified on 9 June 2011.

6.  On 17 June 2013 during the processing of this case, the Chief, Army Medical Department (AMEDD) Special Pay Branch, provided an advisory opinion.  The advisory official stated, in part:

	a.  A review of special pay and finance records indicated the applicant had a processed HPOIP contract at $5,000.00 per year and an HPOBCP contract at $6,000.00 per year, both effective 1 May 2013.  The advisory official found no record of the applicant-provided HPOIP contract effective 10 June 2011 or the indefinite HPOBCP contract effective 10 June 2011.

	b.  The applicant was eligible for a 1-year HPOIP contract at $5,000.00 per year from 10 June 2011 to 9 June 2012 and an HPOBCP contract at $6,000.00 per year from 10 June 2011 for an indefinite term.  Payment with obligation would be as directed by a Board decision.

	c.  The applicant did not present a contract to support the 1-year HPOIP contractual period of 10 June 2012 to 30 April 2013.

7.  The applicant was provided a copy of the advisory opinion for his information and response.  He did not respond within the time allotted.

8.  Department of Defense Financial Management Regulation, volume 7A, chapter 5, provides for various incentive pays, two of which are HPOIP and HPOBCP.

	a.  To be eligible for an incentive pay, an HPO must be a licensed clinical psychologist, licensed clinical social worker, or PA; 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 PA's have been designated as HCP's.

	b.  Subject to acceptance by the Secretary concerned, an HCP must be currently credentialed and privileged at an MTF in the specialty for which the incentive pay is to be paid.  The Secretary concerned may also approve recommendations for incentive payments to fully-qualified HCP's 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 HPOIP must be paid in monthly installments.

	c.  HPOBCP may be paid to HPO's, including PA's, who are certified by a professional board in the officer's clinical specialty; have a current valid unrestricted license or approved waiver, if a clinical psychologist, clinical social worker or PA; and 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.

DISCUSSION AND CONCLUSIONS:

1.  The award of the outstanding HPOIP and HPOBCP agreements in arrears would be based on time served.  As verified by the advisory official, the applicant was eligible for a 1-year HPOIP contract at $5,000.00/year from 10 June 2011 to 9 June 2012 and an HPOBCP contract at $6,000.00/year from 10 June 2011 for an indefinite term.

2.  It appears that 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 and HPOBCP knowing that he or she would forfeit the additional income authorized by these programs.  He was clearly authorized to enter into an agreement for HPOIP and HPOBCP for the periods in question.  Therefore, his records should be corrected to show he did so in a timely manner.

3.  The advisory official notes the applicant did not present a contract to support the 1-year HPOIP contractual period of 10 June 2012 to 30 April 2013.  It would be appropriate to further correct the applicant's record to show he entered into a 1-year agreement for HPOIP effective 10 June 2012.  Although the HPOIP requires a 1-year contractual period, his current HPOIP contract, which began on 1 May 2013, effectively terminates a 1-year agreement beginning effective 10 June 2012.

BOARD VOTE:

__X___  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the following contracts in a timely manner:

* an HPOIP contract at $5,000.00/year for the period 10 June 2011 to 9 June 2012
* an HPOBCP contract at $6,000.00/year for an indefinite term on 10 June 2011
* an HPOIP contract at $5,000.00/year for the period 10 June 2012 to 9 June 2013 (terminated by his current HPOIP contract effective 1 May 2013); and

	b.  paying him retroactive HPOIP and HPOBCP in accordance with these contracts.



      _________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)                                         AR20130004712



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ABCMR Record of Proceedings (cont)                                         AR20130004712



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