IN THE CASE OF:
BOARD DATE: 31 December 2013
DOCKET NUMBER: AR20130016308
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 his Health Professions Officer Incentive Pay (HPOIP) for the period 1 February 2012 through 31 January 2013.
2. The applicant states he submitted his request for HPOIP but it was not processed.
3. The applicant provides an HPOIP contract, dated 16 February 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer of the Army on 15 May 1998. He entered active duty on or about 28 October 1998. He is currently serving in the Army Medical Specialist Corps and he holds the rank of major.
2. He provides an HPOIP contract, dated 16 February 2012, wherein he agreed to serve on continuous active duty for one year effective 1 February 2012. He and his commander authenticated this form.
3. His record contains an HPOIP contract, dated 15 August 2013, wherein he agreed to serve on continuous active duty for 4 years effective 29 August 2013 (through 28 August 2017).
4. During the processing of this case, on 24 October 2013, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG). The advisory official stated:
a. The applicant requests payment of HPOIP from 1 February 2012 through 31 January 2013. He indicated that he submitted his HPOIP contract but it was not processed.
b. A review of special pay and finance records indicated the applicant received HPOIP payable at $416.66 per month for the period 1 October 2009 through 30 September 2010, and then again from 29 August 2013 through
28 August 2017. There is no record of the submitted 1-year HPOIP contract at $5,000.00 per year effective 1 February 2012 through 31 January 2013 being received or processed for payment. Additionally, there is no record of contracts or payment of HPOIP for the entire period encompassing 1 October 2010 through 28 August 2013.
c. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the contract 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 the signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action.
d. The applicant was eligible for the requested 1-year HPOIP contract at $5,000.00 per year, payable at $416.66 per month, effective 1 February 2012 through 31 January 2013.
5. On 24 October 2013, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
6. DOD Financial Management Regulation (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:
1. The available evidence supports the applicantÂ’s contention that he completed his HPOIP within the appropriate time on 16 February 2012 for the period from 1Â February 2012 through 31 January 2013. Additionally, he was eligible for the 1-year HPOIP at $5,000/year from 1 February 2012 through 31 January 2013.
2. It appears that an error occurred at some level and his HPOIP contract was not processed. The error was not the applicant's fault. He provided his copy of the HPOIP contract signed on 16 February 2012 and he was clearly authorized to enter into an agreement for HPOIP for the period from 1 February 2012 through 31 January 2013.
3. In view of the foregoing, the applicant's record should be corrected to grant the requested relief.
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:
* showing his HPOIP contract for the period covering 1 February 2012 through 31 January 2013 was properly received and processed by the appropriate office in a timely manner
* paying him retroactive HPOIP in accordance with his contract for the period 1 February 2012 through 31 January 2013
_______ _ 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.
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