IN THE CASE OF:
BOARD DATE: 7 January 2015
DOCKET NUMBER: AR20140009525
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 correction to several Health Professions Officer (HPO) special pay issues, as follows:
* change Non-Physician Board Certification Pay (NPBCP) rate of $166.66/month to $208.33/month on 20080417
* stop NPBCP on 20090930, and start HPO Board Certification Pay (HPOBCP) at $500/month effective 20091001 - indefinite, and correct any outstanding debt based on above changes
* start HPO Incentive Pay (HPOIP) at $416.66 /month from 20091001 to 20130930 and from 20131001 to 20171001
* start HPO Retention Bonus (HPORB) at $20,000/year lump sum annually from 20091001 to 20130930 and from 20131001 to 20171001
2. The applicant states
a. He was not paid the correct amount of NPBCP. According to an official at The Office of The Surgeon General (OTSG), certain actions should have been completed since 16 April 2008: revoking NPBCP in the amount of $166.66 (less than 10 years of experience) as of 16 April 2008; issuing NPBCP in the amount of $208.33 (more than 10 but less than 12 years of experience) as of 17 April 2008; and issuing HPOBCP in the amount of $500/month from 1 October 2009 to an indefinite date.
b. He was notified of an $11,163.72 debt for the incorrect payment of NPBCP/HPOBCP. An investigation by his chain of command and an analysis by OTSG revealed that the amount of NPBCP should have increased from $166.66 to $208.22 on 17 April 2008. NPBCP was revoked and replaced by HPOBCP on 1 October 2009, increasing the amount from $208.33 to $500.00 per month. The incorrect payments caused the debt of $11,163.72. One collection in the amount of $1,241.66 was collected in March 2014. However, further collections have been deferred until this matter is adjudicated.
c. If the Board accepts the corrections and new contracts, the back pay will exceed the debt amount. He was instructed to submit two new HPOBCP contracts. These have been signed and sent to OTSG. He has been a licensed, NCCPA board certified Physician Assistant since 6 December 1996. He earned a Masters degree in Physician Assistant Sciences in 1998. Additionally, he had HPO combined incentive pay (IP) and RB from 20091001 to 20131001 and from 20131002 to 20171001.
3. The applicant provides emails from OTSG, HPORB agreement, HPOIP agreement, HPOBCP agreements, pay printouts, orders to full-time National Guard duty, and licenses.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Reserve commissioned officer of the Maryland Army National Guard and he executed an oath of office on 16 April 1998.
2. He completed the Army Medical Department Officer Basic Course, served in a variety of assignments, and he was promoted to major on 20 June 2007. He was ordered to full-time National Guard duty, in an Active Guard Reserve status, on 22 June 2007. He was assigned as a Physician Assistant.
3. An advisory opinion was received on 23 July 2014 from OTSG in the processing of this case. The advisory official restated the applicant's request and stated the applicant is requesting corrections to several HPO special pay issues. A review of special pay and finance records indicates the following:
a. The applicant is authorized NPBCP at $166.66/month from 20041201 to 20101101; $208.33/month from 20101102 to 20121101; and $250.00/month from 20121102 to 20131001. Based on conversion to HPOBCP on 20091001, Defense Finance and Accounting Service-Indiana (DFAS-IN) established two debts of $1,241.66 and $9,922.06 indicated for special pay from 20091001 to 20101101 at $166.66; from 20101102 to 20121101 at $208.33; and from 20121102 to 20131001 at $250.00.
b. He is authorized HPOBCP at $500/month commencing 20091001 and HPOIP at $416.66/month commencing 20091001. DFAS-IN audited and has pending payments on his July 2014 Leave and Earnings Statement (LES) for HPOBCP from 20130701 to 20131001 at $1,516.66 and HPOBCP/HPOIP from 20131002 to 20140731 at $10,631.04 with monthly payments of HPOBCP/ HPOIP at $916.66 thereafter. There is no record of HPOIP payments for the period from 20091001 to 20131001.
c. He is authorized and paid HPORB at $20,000/year from 20091001 to 20130930. There is no authorization for HPORB at $20,000/year effective 20131001-20171001 because Fiscal Year 2014 program policy limited officers to a one-time HPORB, which officer had just completed.
5. The advisory official added that based on the above discussion, the following is determined:
a. Adjusting NPBCP rate of $166.66/month to $208.33/month on 20080417, officer is due approximately $1,270.94 for the difference between the two rates ($41.67/month) for the period from 20080417 to 20101102. This amount should be subtracted from the remaining suspended debt of $9,922.06 with a revised debt of approximately $8,651.12.
b. His HPOBCP at $500/month has been paid correctly to date with the retroactive July 2014 LES payment. No action is required. His HPORB at $20,000/year has also been paid in full for the period from 20091001 to 20130930. No action is required.
c. His HPOIP at $416.66/month is missing payments for the 4-year period from 20091001 to 20131001 totaling $20,000. This $20,000 should be credited to revised debt of approximately $8,651.12 with difference due him.
6. The applicant was provided with a copy of this advisory opinion on 25 July 2014 but he never responded.
DISCUSSION AND CONCLUSIONS:
1. According to OTSG, the applicant's HPOBCP at $500/month has been paid correctly to date with the retroactive from 20130701 on his July 2014 LES payment.
2. He is authorized NPBCP at $166.66/month from 20041201 to 20101101; $208.33/month from 20101102 to 20121101; and $250.00/month from 20121102 to 20131001.
3. The applicant is authorized HPOBCP at $500/month commencing on 20091001 and HPOIP at $416.66/month commencing on 20091001. DFAS-IN audited and has pending payments on July 2014 LES for HPOBCP from 20130701 to 20131001 at $1,516.66 and HPOBCP/HPOIP from 20131002 to 20140731 at $10,631.04 with monthly payments of HPOBCP/HPOIP at $916.66 thereafter. There is no record of HPOIP payments for the period from 20091001 to 20131001.
4. He is authorized and has been paid HPORB at $20,000/year from 20091001 to 20130930. There is no authorization for HPORB at $20,000/year from 20131001 to 20171001 because Fiscal Year 2014 program policy limited officers to a one-time HPORB, which the applicant had just completed.
5. His records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_______ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
a. adjusting the applicant's NPBCP rate of $166.66/month to $208.33/month on 20080417, paying him the difference between the two rates ($41.67/month) for the period from 20080417 to 20101102, and/or subtracting this pay from the remaining suspended debt; and
b. correcting his records to show he is entitled to payment of his HPOIP at $416.66/month for the 4-year period from 20091001 to 20131001 and/or crediting this amount to the revised debt, with difference due him.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertained to the HPORB and so much of the other incentive pays in excess of those mentioned above.
_______ _ _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) AR20140009525
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ABCMR Record of Proceedings (cont) AR20140009525
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