IN THE CASE OF:	  

		BOARD DATE:	 22 October 2013 

		DOCKET NUMBER:  AR20130012514 


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 a 3-year Health Professions Officer Retention Bonus (HPORB) contract at $15,000.00 per year linked with a 3-year Health Professions Officer Incentive Pay (HPOIP) contract at $5,000.00 per year, both retroactive from 19 June 2012 to 20 June 2015.

2.  The applicant states she:

	a.  She signed a Critical Skills Retention bonus contract on 17 June 2012 at the Winn Army Medical Center Special Pay Office in which $15,000.00 per year for 3 years was signed and approved by the hospital commander arranged by Special Pay, Mr. R----- P-----, who then transferred out of that office.
Mrs. K------ C--- replaced Mr. P----- in June 2012.  She emailed her a week prior to this application and inquired when she could expect to see her bonus for budgeting purposes but Mrs. C--- had difficulty finding her contract.  Initially there was no record but then it was found within a few days.  Mrs. C--- responded back regarding her contacting the Office of The Surgeon General (OTSG) in which she was told this is now the only recourse to have the contract honored and to compensate her for the past year of additional service.

	b.  She received an email reply back regarding her inquiry through the Winn Army Medical Center Special Pay Office Mrs. C--- on 17 June 2013 that reads, "Good afternoon MAJ [Major] [Applicant].  I received a response from OTSG, they stated that I would have to initiate a new contract with today's date as the 

effective date and the previous contract will have to be submitted for ABCMR [Army Board for Correction of Military Records].  This means that in order for you to receive the funds from last year you would have to go through the process of explaining what did not take place at no fault of your own and you want your previous contract honored."

3.  The applicant provides two contracts for HPOIP and HPORB, dated 19 June 2012.

CONSIDERATION OF EVIDENCE:

1.  According to the DOD Financial Management Regulation (DODFMR),
Volume 7A, effective July 2011, the following definitions are made regarding amount of special pay for a Physician Assistant:

* HPORB:  $10,000.00 for 2 years, $15,000.00 for 3 years, and $20,000.00 for 4 years
* HPOIP:  $416.67 per month; $5,000.00 per year
* Health Professions Officer Board Certification Pay (HPOBCP) (over
18 years):  $500.00 per month; $6,000.00 per year
* Physician Assistant Critical Skills Bonus (PACSRB):  $25,000 per year

2.  Having had prior service, the applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 24 May 2002.  She completed the Army Medical Department (AMEDD) Officer Basic Course.  She was promoted to MAJ in April 2012.

3.  During the processing of this case, on 26 August 2013, an advisory opinion was obtained from OTSG.  The advisory official from the AMEDD Special Pay Branch, OTSG stated:

	a.  Officer is requesting a 3-year HPORB contract at $15,000.00 per year linked with a 3-year HPOIP contract at $5,000.00 per year, both effective retroactive from 19 June 2012 to 20 June 2015.  She indicates that the supplied Commander-approved contracts were never processed.

	b.  Current policy requires contracts to be prepared 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 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 officer's personnel and finance data indicates that officer has:

		(1)  An active indefinite HPOBCP contract at $6,000.00 per year, payable at $500.00 per month effective 20111001.

		(2)  A 3-year PACSRB contract at $25,000.00 per year effective
1 October 2009 through 30 September 2013 (last payment posted on October 2012 Leave and Earnings Statement after withholding $18,750.00).

		(3)  Pending command approval, a 4-year HPORB contract at $20,000.00 per year linked with a 4-year HPOIP contract at $5,000.00 per year effective
25 July 2013 through 24 July 2017.

	d.  Based on the above current contracts and those being requested, the following recommendation is provided to the Board:

		(1)  Since officer executed and entered into an indefinite HPOBCP effective 1 October 2011, officer was no longer eligible to receive the PACSRB. Therefore, the PACSRB should be terminated as of 30 September 2011, with recoupment of the $25,000 anniversary payments of 1 October 2011 and
1 October 2012.

		(2)  Since officer entered into the indefinite HPOBCP effective 1 October 2011, officer is eligible to receive the requested 3-year HPORB contract at $15,000.00 per year linked with a 3-year HPOIP contract at $5,000.00 per year, both effective retroactive from 16 June 2012 to 20 June 2015.

		(3)  If the Board authorizes the requested 3-year HPORB and HPOIP above, officer is no longer authorized to receive the pending 4-year HPORB contract at $20,000.00 per year linked with a 4-year HPOIP contract at $5,000.00 per year effective 25 July 2013 through 24 July 2017.  These contracts should be retracted.  Officer would then be authorized to execute a new HPORB and/or HPOIP contracts no earlier than 21 June 2015.

4.  On 26 August 2013, a copy of the advisory opinion was provided to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She provided a response on 12 September 2013.  She stated:

	a.  She desires to withdraw last year's 2012 3-year contract that failed to be processed and is in current dispute in which no settlement was made.  She also desires to withdraw the 2013 4-year contract that has yet to be processed.  She was made aware of the Board's ex-parte letter via letter delivered to her husband's address that arrived on 11 September 2013 as she had just redeployed back from Afghanistan.

	b.  She has done everything that was recommended to her by the Winn Army Community Hospital Special Pay Officer to include in 2012 when Mr. P----- recommended she change to the new bonus system as her contract was thought to have been completed.  She has now seen the correct dates for her previous contract ending on 30 September 2013 and would desire to renew her contract after this date to avoid any financial hardship of the other contracts that she realizes are mistakes.  Her current Special Pay Officer is Mrs. C---, and it was recommended by her through OTSG for her to bring the 2012 3-year contract to this Board while initiating a new contract.  She was only following the recommendations advised to her through this office and thought her current PACSRB was already expired, allowing for a new contract.  The Special Pay office did not see the PACSRB record in Medical Protection System (MEDPROS); that caused confusion.  She desires to solve this problem with the least impact.

	c.  The HPOBCP of $5,000.00 per year effective 1 October 2011 was thought to be an entitlement due to her as advised by Mr. P----- but as this conflicts with her current PACSRB contract ending 30 September 2013, then the recommendation would be to allow her to continue with this contract, repay back the HPOBCP in which she was not entitled, then allow for her to sign for the
4-year HPORB contract that will then allow for HPOBCP.  This will have the least financial hardship impact and yet meet the pure intent of serving additional time as a Flight PA.

5.  Her rebuttal was forwarded to the AMEDD Special Pay Branch, OTSG.  On 23 September 2013, that office issued a revised advisory opinion wherein the advisory official stated:

	a.  The applicant is now requesting changes to the advisory opinion.  She desires to withdraw the application request for a 3-year HPORB contract at $15,000.00 per year linked with a 3-year HPOIP contract at $5,000.00 per year, both effective 19 June 2012 to 20 June 2015.  The Special Pay Branch concurs with her request. 

	b.  The applicant desires to withdraw the pending 4-year HPORB at $20,000.00 per year linked with a 4-year HPOIP contract at $5,000.00 per year effective 25 July 2013 through 24 July 2017.  The Special Pay Branch concurs with her request.

	c.  The applicant desires to terminate the current indefinite HPOBCP contract at $6,000.00 per year, payable at $500.00 per month, with payback of the effective period 1 October 2011 through the date terminated.  The Special Pay Branch concurs with her request.

	d.  Based on the above changes and as requested by the applicant, she would be authorized to enter into an indefinite HPOBCP contract at $6,000.00 per year payable at $500.00 per month effective 1 October 2013; and enter into a 4-year HPORB contract at $20,000.00 per year linked with a 4-year HPOIP contract at $500.00 per month effective 1 October 2013 through 30 September 2017.

6.  On 23 September 2013, the applicant was provided with a copy of the revised OTSG advisory opinion.  She did not respond.

7.  DODFMR, 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; 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:

Based on the review of the applicant's contention, the advisory opinion, her rebuttal, and the revised advisory opinion, the applicant is entitled to the requested relief 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 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 the applicant’s request for a 3-year HPORB contract at $15,000.00 per year linked with a 3-year HPOIP contract at $5,000.00 per year, both effective 19 June 2012 to 20 June 2015 was withdrawn;

	b.  showing the  applicant’s pending 4-year HPORB at $20,000.00 per year linked with a 4-year HPOIP contract at $5,000.00 per year effective 25 July 2013 through 24 July 2017 was withdrawn;

	c.  terminating the current indefinite HPOBCP contract at $6,000.00 per year, payable at $500.00 month, with payback of the effective period 1 October 2011 through the date terminated;

	d.  showing the applicant entered into an indefinite HPOBCP contract at $6,000.00 per year payable at $500.00 per month effective 1 October 2013;

	e.  showing the applicant entered into a 4-year HPORB contract at $20,000.00 per year linked with a 4-year HPOIP contract at $500.00 per month effective 1 October 2013 through 30 September 2017; and



	f.  recouping and/or paying pay and allowances by DFAS as a result of these corrections.



      ___________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)                                         AR20130012514



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ABCMR Record of Proceedings (cont)                                         AR20130012514



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