BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130022348
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) and Health Professions Officer Incentive Pay (HPOIP) for the period 15 March 2012 to 30 September 2013.
2. The applicant states that he was a new Active Guard Reserve (AGR) Physician Assistant (PA) in a state which hadn't hired an AGR PA since 2004. He was unaware of the incentive and special pays available and the state Army Medical Department (AMEDD) Technician was out of the area during this time on a 1-year assignment. The applicant found out about the special pays in October 2013 from another AGR PA and immediately applied. Had he known of the additional pays available he would have applied earlier.
3. The applicant provides copies of:
* a memorandum showing his HPOBCP was approved effective 15 March 2012
* a memorandum showing his HPOIP was approved effective 15 March 2012
* a memorandum showing his HPOIP was approved effective 1 October 2012
* "PANCE" Performance Report, dated 13 January 2012
* orders to active duty in the AGR for the period 15 March 2012 to 14 March 2015
* 7 May 2012 letter showing he is certified by the National Commission on Certification of Physician Assistants (NCCPA)
* orders to active duty in the AGR for the period 5 September 2013 to
14 March 2015
* 3 December 2013 memorandum from the AMEDD Technician showing the applicant was eligible for the requested pays
CONSIDERATION OF EVIDENCE:
1. The applicant is a captain (CPT) in the Nebraska Army National Guard (NEARNG) serving on active duty as an AGR physician assistant.
2. The applicant was appointed as a Medical Specialist (SP) Corps captain (CPT) in the NEARNG effective 12 March 2012.
3. In support of his request, the applicant provided:
a. A 7 May 2012 letter from the NCCPA showing he is certified as a PA by that organization.
b. A 3 December 2013 memorandum in which the NEARNG AMEDD Technician stated he was performing a tour at the National Guard Bureau (NGB) and was unable to provide the applicant with assistance regarding special pays.
4. 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 stated the applicant was eligible to receive HPOIP at $5,000/year; payable at $416.66/month and HPOBCP at $6,000/year; payable at $500/month, for the period 15 March 2012-30 September 2013. The retroactive payment for this total period is approximately $15,126.00 prior to withholding, exact payment to be determined by the Defense Finance and Accounting Service (DFAS). The official further noted the applicant has been receiving HPOIP and HPOBCP at the appropriate amounts since 1 October 2013.
5. On 20 March 2014 a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was certified by the NCCPA.
2. The NEARNG AMMEDD Technician was unable to provide the applicant assistance regarding the applicant's eligibility for special pays as he was performing a tour at NGB.
3. The OTSG advisory official stated the applicant was eligible to receive HPOIP at $5,000/year; payable at $416.66/month and HPOBCP at $6,000/year; payable at $500/month, for the period 15 March 2012-30 September 2013. The retroactive payment for this total period is approximately $15,126.00 prior to withholding, exact payment to be determined by DFAS.
4. In view of the foregoing, the applicant's request should be granted.
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 he requested and was granted HPOIP and HPOBCP for the period 15 March 2012 to 30 September 2013; and
b. paying him HPOIP and HPOBCP for the period 15 March 2012 to
`30 September 2013 as a result of this correction.
__________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) AR20120020711
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