IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130010602
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 Health Professions Officer Board Certification Pay (HPOBCP) for the period 1 July 2011 to 11 March 2013.
2. The applicant states:
a. he was board certified in June 2011 and applied for HPOBCP through the Bavaria Medical Department Activity representative three times beginning in November 2011;
b. after numerous inquires, it was found that the initial and second applications were not properly submitted and, therefore, never made it to the appropriate authority for processing;
c. after extensive email correspondence between his branch manager and the Medical Corps, the situation was resolved and HPOBCP was initiated effective 12 March 2013; and
d. he is applying for HPOBCP for the period 1 July 2011 through 11 March 2013.
3. The applicant provides:
* a memorandum for record (MFR)
* a certification status report
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of first lieutenant and is assigned to Vilseck, Germany, as a physician assistant.
2. He provides:
a. documentation which shows he is board certified by the National Commission on Certification of Physician Assistants (NCCPA). The period of certification is 9 June 2011 through 31 December 2013; and
b. an MFR, subject: Letter of Lateness, dated 1 May 2013, which outlines the sequence of events relating to the applicant's request for HPOBCP.
3. In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General. The advisory official recommends payment of HPOBCP for the period 1 July 2011 through 11 March 2013. The opinion states:
a. The applicant is requesting retroactive payment of a HPOBCP contract at $6,000.00 a year for the period 1 July 2011 through 11 March 2013. He provided an outline of their several attempts to process the contract without success.
b. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the 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.
c. A review of special pay and finance records indicates the applicant has a processed HPOBCP contract at $6,000.00 a year, payable at $500.00 a month, effective 12 March 2013 - indefinite, and an HPO Incentive Pay contact at $5,000.00 a year, payable at $416.66 a month, currently effective 1 October 2012 through 30 September 2013. There is no record of an indefinite HPOBCP contract effective 1 July 2011.
d. The applicant was eligible for the indefinite HPOBCP contract at $6,000.00 a year, payable at $500.00 a per month for the missing retroactive period 1 July 2011 through 11 March 2013.
4. On 8 July 2013, the advisory opinion was furnished to the applicant for comment. He did not respond within the given time frame.
5. ALARACT message 195/2010, subject: Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s), and Veterinarians, release date of 26 June 2010, prescribed the Department of the Army policy governing health professions officer consolidation of special pays (CSP) plan and rates for licensed clinical psychologist(s), licensed clinical social workers, physician assistant(s), and licensed veterinarians. Annual incentive pay payments for agreements beginning on or after 1 October 2009 (under legacy special pays) would be in the amounts indicated in this message. All submitted agreements with an effective date of 1 October 2009 through 30 June 2010 must have been received at the AMEDD Special Pay Branch, OTSG, within 60 days of this message release date in order to be accepted and processed with that effective date. All other agreements thereafter must be executed within 30 days of the effective date; otherwise, the date of signature is the effective date.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant received board certification by the NCCPA on
9 June 2011.
2. The advisory opinion points out:
* he is eligible to receive retroactive HPOBCP for the period 1 July 2011 to 11 March 2013
* his HPOBCP started on 12 March 2013 - indefinite
* there is no record of an indefinite HPOBCP contract for the period 1 July 2011 to 11 March 2013
3. Based on the foregoing and the advisory opinion recommendation, the applicant is eligible to receive HPOBCP for the period 1 July 2011 to 11 March 2013.
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 applied for HPOBCP in a timely manner and his request was approved in a timely manner to be effective 1 July 2011 and
b. by paying his HPOBCP in arrears for the period 1 July 2011 to 11 March 2013, at the appropriate pay rate level.
____________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) AR20130010602
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ABCMR Record of Proceedings (cont) AR20130010602
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