BOARD DATE:	  14 January 2014

		DOCKET NUMBER:  AR20130007993 


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 Incentive Pay (HPOIP) for the period 14 May through 30 September 2012.

2.  The applicant states she was eligible for special professional pay since her licensure in May 2012.  She did not receive this pay due to local interpretation of her eligibility and improper counseling.

3.  The applicant provides copies of email correspondence.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the Army Medical Specialist Corps and executed an oath of office on 30 January 2009.

2.  She appears to have entered active duty on 19 July 2010 and she completed the Army Medical Department Basic Officer Leader Course conducted from 19 July to 20 September 2010.

3.  On 21 September 2010, she was assigned to the Madigan Healthcare System, Tacoma, WA.  She completed her clinical psychology internship from 4 October 2010 to 3 October 2011.

4.  She was awarded a Doctor of Psychology degree on 16 December 2011.

5.  She was granted a psychologist license effective 14 May 2012 which was active from 14 May 2012 to 8 February 2013.

6.  During the processing of this case, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General, dated 10 June 2013, with a recommendation for approval.  The advisory official stated:

	a.  The applicant requests payment of HPOIP from 14 May through 30 September 2012 which was not paid due to improper counseling.  Officers must bear the responsibility for their part of the contract preparation, to include inquiring as to eligibility, requesting contract initiation, and executing the contract by signing up to 90 days in advance or within 30 days after the effective date.  Otherwise, the effective date must be established as the date of signature.  All contracts executed outside the policy for signature date or received outside the funded fiscal year are returned without action.  A review of the applicant's pay records shows her first HPOIP payment commenced on 1 October 2012 at the rate of $5,000.00 per year.  There are no other payments.

	b.  Based on the applicant's extenuating circumstances which have been verified, her argument supports a payment of HPOIP at the rate of $5,000.00 per year from 14 May to 30 September 2012.  As such, she would be authorized a prorated payment for the period 14 May through 30 September 2012 of approximately $1,889.00 before taxes.  (The exact amount may be determined by Defense Finance and Accounting Service (DFAS) officials).

	c.  The Office of the Surgeon General cannot make payments retroactive for the earlier time frame due to DFAS policy and procedure limitations.

7.  On 13 June 2013, a copy of the advisory opinion was provided to the applicant for information and the opportunity to submit comments or a rebuttal.  She did not respond.

8.  Department of Defense Financial Management Regulation, volume 7A, chapter 5, provides for various incentive pays, one of which is HPOIP.

	a.  To 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 2008; 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 HCP's.

	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 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 monthly incentive pay is shown in table 5-9.  The HPO incentive must be paid in monthly installments.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence supports the applicant's contention.  Award of the outstanding HPOIP agreement in arrears should be based on time served.  The applicant was eligible for the 1-year HPOIP at $5,000.00 per year from 14 May 2012 (the date she received her license) through 30 September 2012.

2.  It appears that circumstances beyond her control led to the delay in submitting the agreement.  She did not execute the agreement until 1 October 2012.  It also appears that she was not properly counseled as it does not seem reasonable that a rational person would intentionally fail to submit an application for HPOIP knowing that he or she would lose $5,000.00 per year.  The applicant was clearly authorized to enter into an agreement for HPOIP for the period 14 May through 30 September 2012.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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:

* showing she entered into an HPOIP contract for the period 14 May through 30 September 2012 in a timely manner
* showing her HPOIP contract was properly received and processed by the appropriate office in a timely manner
* paying her retroactive HPOIP in accordance with her contract for the period 14 May through 30 September 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.

ABCMR Record of Proceedings (cont)                                         AR20130007993



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ABCMR Record of Proceedings (cont)                                         AR20130007993



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