IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20160002790 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20160002790 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant timely executed an HPOIP contract at $5,000/year; payable $416.66/month, and HPOBCP contract at $6,000/year; payable $500.00/month, both effective 19 September 2015 * showing her request was received and processed in a timely manner * paying her HPOIP and HPOBCP pay, beginning on 19 September 2015 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. IN THE CASE OF: BOARD DATE: 5 May 2016 DOCKET NUMBER: AR20160002790 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 a Health Professions Officer Incentive Pay (HPOIP) contract, in the amount of $5,000.00, and a Health Professions Officer Board Certification Pay (HPOBCP) contract, in the amount of $6,000.00, both effective 19 September 2015 instead of 1 October 2015. 2. The applicant states, in effect, her Army Medical Department (AMEDD) contracts are based on the fiscal year and not when she actually graduated. She was eligible for board certification pay and incentive pay on 19 September 2015, the day after she graduated. She was told that her special pay contracts could only be back dated to 1 October 2015, and that she had to submit an application to correct that date. 3. The applicant provides a diploma from the Academy of Health Sciences, AMEDD Center and School, dated 18 September 2015. CONSIDERATION OF EVIDENCE: 1. The applicant currently serves on active duty in the Regular Army, in the rank/grade of first lieutenant, at Fort Hood, TX. 2. On 14 June 2015, she executed an oath of office in the Medical Specialist (MS) Corps and entered active duty. 3. On 18 September 2015, she completed the AMEDD, Basic Officer Leadership Course (BOLC). 4. On 21 October 2015, she executed HPOIP and HPOBCP contracts, both with an effective date of 21 October 2015. 5. On 24 March 2016, an advisory opinion was received from the Office of The Surgeon General (OTSG) in the processing of this case. The advisory official stated: a. The applicant is requesting a retroactive HPOIP contract at $5,000/year; payable $416.66/month, and HPOBCP contract at $6,000/year; payable $500.00/month, both effective 19 September 2015, after completion of the BOLC. The applicant indicates that her contracts were started at the beginning of the fiscal year 1 October 2015, versus when she completed BOLC. b. In accordance with All Army Activities (ALARACT) 195/2010; Subject: Army Special Pay Plan for Licensed Clinical Psychologists, Social Workers, Physician Assistants, and Veterinarians; under paragraph 4- General Eligibility Criteria for the HPO special pays indicate the officer must be a commissioned HPO who is a graduate of the AMEDD Officer Basic Course (i.e. BOLC), and fully qualified by award of area of concentration (AOC) in the specialty. Additionally, subparagraph 4.C.(5) indicates that the officer, as a Health Care Provider (HCP), must be currently credentialed and privileged, or actively seeking privileges at a Medical Treatment Facility (MTF) in the specialty for which the HPO is to be paid. As a Physician Assistant, attainment of National Commission on Certification of Physician Assistants (NCCPA) board certification meets licensing requirement. c. Requests for the discretionary categories of HPOIP {37 U.S.C. §335(b)} and HPOBCP {37 U.S.C. §335(c)} are initiated by the officer through their command's supporting Human Resource (HR)/Personnel/S1 office. If board certification renewals are issued, they must also be submitted to ensure HPOBCP continues uninterrupted. Receipt of monthly HPOBCP can be verified by the officer by reviewing their monthly Leave and Earnings Statement (LES) entitlements column. d. A review of special pay and finance records indicates that the applicant attained NCCPA board certification on 22 January 2015, entered active duty on 14 June 2015, and completed BOLC on 18 September 2015. The applicant would have been eligible to request the discretionary HPO contracts effective 19 September 2015. The applicant executed initial HPOIP and HPOBCP contracts by signature on 20151221 [sic], with an effective date of 1 October 2015. Although the applicant met the requirements of the aforementioned ALARACT message, there is no record of submission, authorization, or payment of HPOIP or HPOBCP contracts effective 19 September 2015. e. Officers must bear responsibility for their part of the discretionary contract process, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action. f. As discussed above, the applicant met the general eligibility criteria for the discretionary HPOIP and HPOBCP contracts on 19 September 2015. g. The current HPOIP and HPOBCP contracts were completed in accordance with existing policy, plan, procedures, and rates. It is probable that the applicant did not reach her first permanent unit of assignment before the end of the fiscal year; therefore, 1 October 2015 would have been the earliest effective date authorized for the contracts being executed. h. Retroactive approval of the contracts to 19 September 2015 is optional. 6. The applicant was provided a copy of the advisory opinion but she did not respond. DISCUSSION: 1. The applicant's request for retroactive payment of a HPOIP contract, in the amount of $5,000.00, and a HPOBCP contract, in the amount of $6,000.00, both effective 19 September 2015 instead of 1 October 2015 were carefully considered. 2. A review of the applicant's records indicates that she was eligible for HPOIP and HPOBCP effective 19 September 2015, the day after completion of the BOLC; however, she executed both contracts with an effective date of 1 October 2015. This was possibly due to improper counseling and/or lack of personnel support at her unit. Her records should be corrected to show she submitted both contracts for HPOIP and HPOBCP effective 19 September 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002790 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002790 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2