IN THE CASE OF:	  

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20130005580 


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 correction of his military record to show:

* he executed an indefinite Health Professions Officer Board Certification Pay (HPOBCP) contract at $6,000.00 per year ($500.00 monthly payment), effective 22 September 2011
* retroactive payment for his HPOBCP

2.  The applicant states:

	a.  He passed the Physician Assistant National Certifying Examination (PANCE) at the end of September 2011, but did not get to his first duty station as a Physician Assistant until January 2012.

	b.  He is assigned to a non-Medical Command (MEDCOM) Modified Table of Organization and Equipment (MTOE) unit and stationed as the sole U.S. medical provider at a Korean Air Force Base.

	c.  While he is credentialed through the Army Hospital in Seoul, Korea he is not associated with any Army MEDCOM unit.  He is also credentialed through and receives his higher level medical support from the U.S. Air Force (USAF) hospital on a nearby USAF base.

	d.  He attempted to file his HPOBCP request through his S-1 to the Finance Command, but he was told they did not handle special pay.  He was eventually 


able to submit his requests through the 65th Medical Brigade Special Pay Manager.  However, the requests were outdated and he had to regenerate them with his new commander's signature.

3.  The applicant provides:

* Request for HPOBCP, dated 19 October 2012
* National Commission on Certification of Physician Assistants Certificate and certification letter

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 9 September 2011.

2.  The applicant provides a copy of his approved HPOBCP contract and certification letter from the National Commission on Certification of Physician Assistants, both dated 19 October 2012.  He also provides his certificate of completion for the PANCE, dated 22 September 2011.

3.  On 14 May 2013, an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA.  The advisory 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 HPOBCP contract for $6,000.00 per year ($500.00 payable monthly) effective 19 October 2012 was authorized and paid.

	c.  The applicant was eligible to receive an indefinite HPOBCP contract for $6,000.00 per year ($500.00 payable monthly) effective 22 September 2011.  There is no record of any other HPOBCP contracts being initiated by the applicant or his command.

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


4.  On 20 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.

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

	a.  To eligible for incentive pay, a 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.  Award of the outstanding HPOBCP agreement in arrears would be based on time served.  The applicant was eligible for the indefinite HPOBCP at $6,000.00 per year on 22 September 2011.

2.  Based on the applicant's reporting date, duty location, and lack of personnel support, he was unable to process his HPOBCP contract in a timely manner.  Furthermore, it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOBCP knowing that he/she would lose $6,000.00 per year.  He was clearly authorized to enter into an indefinite agreement for HPOBCP on 22 September 2011.  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 was authorized HPOBCP for the period 22 September 2011 through 18 October 2012, and

	b.  paying him all back pay and allowances due as a result of this correction.



      _______ _  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)                                         AR20130005580



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ABCMR Record of Proceedings (cont)                                         AR20130005580



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