IN THE CASE OF:	  

		BOARD DATE:	  17 October 2013

		DOCKET NUMBER:  AR20130013193 


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, in effect, retroactive Health Professions Officer Board Certification Pay (HPOBCP) at an annual rate of $6,000.00/year as a Physician Assistant (PA) for the period of his Reserve Component (RC) mobilization from 11 September 2011 through 18 September 2012. 

2.  The applicant states he was mobilized and deployed with 3 months remaining to complete his Masters of Science degree as a PA and based on All Army Activities (ALARACT) Message 195/2010 (Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, PA(s), and Veterinarians), he should be allowed to receive retroactive payment.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders A-01-300298
* Orders 13-017-00013
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* Master of Science Diploma
* 2 letters
* Physician Assistant License or Certification
* Orders 11-250-00013
* ALARACT 195/2010



CONSIDERATION OF EVIDENCE:

1.  The applicant is a captain in the Army Medical Specialist Corps in area of concentration 65D (Physician Assistant), currently serving in the U.S. Army Reserve.

2.  The applicant provides and his record contains a DD Form 214 which shows he was ordered to active duty in support of Operation Enduring Freedom and served for the period 11 September 2011 through 19 September 2012.  The form further shows he served in Kuwait from 15 October 2011 through 25 August 2012.

3.  The applicant provides a letter from the Director of PA Post-Professional Education, Stony Brook University that states the applicant completed the Master of Science program in February 2013 and he would receive his diploma in May 2013.

4.  The applicant provides a copy of ALARACT Message 195/210, and he highlights paragraph 6.D which states, "the health professions officer who otherwise meets the eligibility requirements, but due to deployment to a contingency operation was unable to complete the board certification requirements, who then completes the board certification or recertification requirements before the end of the 180 day period following deployment (extended for such additional time as the Secretary of Defense determines to be appropriate), is eligible for retroactive BCP.  The retroactive BCP shall begin on the date on which the member was deployed in support of a contingency operation and end on the date of obtaining the certification or recertification, or 180 days post deployment, whichever is shorter."

5.  In the processing of this case, an advisory opinion was requested from the Chief, Army Medical Department (AMEDD) Special Pay Branch (SPB).  On 5 September 2013, the Chief, AMEDD SPB, provided an advisory opinion based on policy, plan, procedures, and rates to the Board.

6.  The Chief, AMEDD SPB, notes the applicant is petitioning for retroactive HPOBCP at an annual rate of $6,000.00/year as a PA for the period of RC mobilization from 11 September 2011 through 18 September 2012.  The applicant indicated he was mobilized and deployed with 3 months remaining to complete his Masters of Science degree as a PA and based on ALARACT Message 195/2010, he should be allowed retroactive payment.


7.  However, the preamble in paragraph 6.D indicates that this section references attainment of board certification or recertification interrupted by contingency operations.  The applicant claims this also applies to completing his Masters of Science degree as a PA.  The education requirements are not covered by this paragraph, it only pertains to board certification or recertification interrupted by contingency operations.  There is no education delay, deferment, or adjustment authorized for HPOBCP.

8.  The Chief, AMEDD SPB further opines that although the desire is to recognize all health practitioners in attainment of a post-baccalaureate degree and board certification under the difficult conditions of deployment, the applicant's request for HPOBCP cannot be supported in this situation as the intent of the message only applies to board certification or recertification, not education limitations.

9.  On 5 September 2013, the unfavorable advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  ALARACT Message 195/2010, DTG 262156Z June 2010, prescribes Department of the Army policy governing HPOBCP plan and rates for licensed clinical psychologists, licensed clinical social workers, physician assistant(s), and licensed veterinarians.  Paragraph 6 requires an eligible HPO have a post-baccalaureate degree (Masters Degree or higher) in the HPO’s clinical specialty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive retroactive HPOBCP at an annual rate of $6,000.00/year as a PA for the period of his RC mobilization from 11 September 2011 through 18 September 2012 has been carefully examined.

2.  Paragraph 6.D of ALARACT Message 195/210 clearly states a post-baccalaureate degree (Masters Degree or higher) in the HPO’s clinical specialty is required for payment of HPOBCP.  The applicant did not complete his Master of Science program until February 2013.  In addition, the Chief, AMEDD SPB confirmed the intent of the message only applies to board certification or recertification, not education limitations.

3.  In view of the foregoing, he is not entitled to the requested relief.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _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)                                         AR20130013193



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ABCMR Record of Proceedings (cont)                                         AR20130013193



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