IN THE CASE OF:	  

		BOARD DATE:  3 April 2014

		DOCKET NUMBER:  AR20130022315 


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 retroactive payment of Health Professions Officer Board Certification Pay (HPOBCP) at $6,000.00/year for which she claims no payment to date.

2.  The applicant states, in effect, she is a physician assistant who graduated from the Basic Officer Leader Course on 16 December 2011.  Upon arrival at Schofield Barracks in January 2012, she has worked to receive her pay to no avail.

3.  The applicant provides:

* a diploma
* 2 letters
* a memorandum
* Orders SB-214-0063
* a General Power of Attorney
* DA Form 4187 (Personnel Action)
* DA Form 4037 (Officer Record Brief)

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as a captain in the Regular Army serving in the Army Medical Specialist Corps. 


2.  On 16 December 2011, she successfully completed the Physician Assistant Basic Officer Leader Course.

3.  On 15 February 2013, the Deputy Commander for Clinical, Tripler Army Medical Center, Hawaii, approved the applicant's request for HPOBCP effective 6 October 2011, at the rate of $6,000.00/year.

4.  In the processing of this case, on 7 March 2014, an advisory opinion was received from the Chief of the Army Medical Department Special Pay Branch, Office of The Surgeon General.

5.  The advisory official stated:

   a.  The applicant indicated she was eligible for HPOBCP from the date of her certification (6 October 2011) as a physician assistant, but had not received payment.

   b.  In accordance with All Army Activities (ALARACT) Message 195/2010; Subject:  ALARACT Army Special Pay Plan for Licensed Clinical Psychologist(s), Social Workers, Physician Assistant(s), and Veterinarians; paragraph 4 - General Eligibility Criteria for the HPO special pays indicate the officer must be a commissioned HPO who is a graduate of the U.S. Army Medical Department Officer Basic Course, and fully qualified by award of area of concentration in the specialty.  Additionally, subparagraph 4.C.(5) indicates that the officer, as a Health Care Provider, must be currently credential and privileged, or actively seeking privileges at a Medical Treatment Facility in the specialty for which the HPO is to be paid.
   
   c.  The applicant provided a diploma which indicated she completed the Physician Assistant Basic Officer Leader Course on 16 December 2011; therefore, the general eligibility criteria for completion of the Officer Basic Course was not met until 16 December 2011.  The credential and privileges criteria would be satisfied by the applicant's first duty station.
   
   d.  A review of the special pay and finance records of the applicant indicates the applicant's initial HPO Incentive Pay (IP) contract at $5,000.00/year; payable $416.66/month, commenced on 16 December 2011.  The applicant is also receiving HPOBCP at $6,000.00/year; payable $500.00/month, commencing      1 October 2012; however, the Defense Finance and Accounting Service Indianapolis (DFAS-IN) did not make payment until her February 2014 Leave and Earnings Statement (LES) as "SAVE PAY $8,916.66."  This amount included the February 2014 HPOIP of $416.66 and $8,500.00 for the 17 months of HPOBCP at $500.00/month for October 2012 through February 2014.
   e.  The applicant is eligible for HPOBCP at $6,000.00/year, payable at $500.00/month for the period commencing upon graduation from the Officer Basic Course on 16 December 2011 through 30 September 2012, a period of approximately 9 and 1/2 months and $4,750 prior to any withholding.  The exact amount due the applicant will be determined by DFAS-IN.
   
6.  On 10 March 2014, the applicant was provided with a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

7.  Department of Defense Financial Management Regulation (DODFMR), Volume 7A, chapter 5, provides for various incentive pays, one of which is HPOBCP.

	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 applicant's request for retroactive payment of HPOBCP at $6,000.00/year has been carefully examined and found to have merit.

2.  A review of the applicant's special pay and finance records indicate DFAS-IN did not make payment to her until her February 2014 LES as "SAVE PAY $8,916.66."  This amount included the February 2014 HPOIP of $416.66 and $8,500.00 for 17 months of HPOBCP at $500.00/month for October 2012 through February 2014.

3.  The applicant is eligible for HPOBCP at $6,000.00/year, payable at $500.00/month for the period commencing upon graduation from the Officer Basic Course on 16 December 2011 through 30 September 2012, a period of approximately 9 and 1/2 months and $4,750 prior to any withholding.  The exact amount due the applicant will be determined by DFAS-IN.

4.  In view of the foregoing, she is entitled to 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:

   a.  showing HPOBCP was approved for the period 16 December 2011 to     30 September 2012; and

	b.  paying her any back pay entitlements due as a result of this correction if not already disbursed.
 



      _______ _  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)                                         AR20130022315





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130022315



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1