ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 August 2021 DOCKET NUMBER: AR20210005227 APPLICANT REQUESTS: correction of his record to show he was paid a Health Professions Officer Retention Bonus (HPORB). A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence * Army Active Component Health Professions Officer Special and Incentive Pay Plan Effective 1 January 2020 * Applicant letter to the Board FACTS: 1. The applicant states he is an active duty general surgeon (61J) and signed up for the Health Professions Scholarship Program (HPSP) in 2006. In doing so, he incurred an initial Active Duty Service Obligation (ADSO) of 4 years. After completing medical school, he underwent a residency in general surgery at Brooke Army Medical Center, San Antonio, TX, from 2010 to 2016. In doing so, he incurred a subsequent ADSO of 5 years to start in July 2016. His understanding, was that his initial ADSO of 4 years from his HPSP contract was filled during that time. In August of 2019, he started a civilian sponsored fellowship which was completed in July 2020 and incurred another ADSO of 2 years. This gave him a final ADSO to be completed in 2024. At this time, he inquired with his local S-1, human resources manager and special pay processor at Keller Army Medical Center whether he would be eligible to sign a multiyear retention bonus to be served concurrently with the ADSO incurred with accepting a sponsored fellowship. He was misinformed that he needed to complete his entire ADSO prior to signing a retention bonus. However, upon his change of station to Fort Bliss, TX and discussing his case with a new special pay processor and Chief, Amy Medical Department (AMEDD) Special Pay Branch, he only needed to complete his initial ADSO of 4 years from HPSP. This was completed in 2014. He should have been able to sign a 4-year retention bonus to start on 1 August 2019 to be served concurrently with the ADSO incurred upon executing his fellowship contract. In 2017, there was an update in the execution of multiyear retention bonuses for Medical Corps officers. The wording in this update stating that an ADSO needed to be completed before executing a retention contract. He specifically asked this of his appropriate chain of command and personnel managers and was told he was not eligible for a retention contract as he still had an ADSO to be completed. After discussion with the AMEDD Chief, Special Pay Branch, it became clear that this information was incorrect. He is asking for the ability to retroactively sign a 4-year retention contract to start on 1 August 2019 and ending on 1 August 2023, which would have provided an additional compensation of $75,000.00 per year 2. A review of the applicant's official records shows: a. On 23 February 2006, the applicant completed USAREC Form 1131 (HPSP) service agreement wherein he agreed in item 24 that in return for a 4-year academic scholarship he would serve on active duty for 4 years. b. On 23 March 2010, DA Form 5074 (Record of Entry Grade Credit (Medical and Dental Officers) was completed showing the degree of Medical Doctor was conferred on the applicant on 12 June 2010. c. On 9 June 2010, the applicant was appointed as a Regular Army Medical Corps officer and executed an oath of office. d. On 23 February 2011, the applicant completed a Memorandum, Subject: Training Agreement for Army General Medical Education wherein he agreed to training to commence on 1 July 2011 and ending on 30 June 2016. He understood his current ADSO was 30 June 2014 and upon completion of training his new ADSO would be 30 June 2021. e. The applicant's records are void of any requests/approvals for a retention bonus. f. The applicant remains on active duty. 3. The applicant provides: a. Email correspondence wherein the applicant was advised if he sought payment of the bonus outside of the current fiscal year he would have to petition the Board. b. Army Active Component Health Professions Officer Special and Incentive Pay Plan providing the requirements for various special pays. c. Applicant letter to the Board wherein he requests a review of his record to correct his pay error. 4. On 25 May 2021, the Office of the Surgeon General reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, AMEDD Special Pay Branch opined in part that: a. A review of supporting documentation, and available personnel, special pay and finance data indicates the applicant entered a 1-year active duty internship on 1 July 2010 (neutral year) with an initial 4-year HPSP commissioning obligation expiring 30 June 2015. He entered a 5-year residency (1 July 2011 - 30 June 2016) and a fellowship (1 August 2019 - 31 July 2020). Total education and training obligation through residency is 30 June 2021 and the addition of the fellowship is 30 June 2024. There is no indication that he executed a HPORB during this period. b. The applicant was eligible to execute a multi-year HPORB upon completion of his HPSP commissioning obligation that expired 30 June 2015; however, the HPORB obligation would be added to any existing training obligation. If he desires a 4-year HPORB $75,000.00/year agreement effective 1 August 2019 (entry into his fellowship), the obligation would run concurrent with the fellowship obligation, but added to the residency obligation of 30 June 2021, with the HPORB obligation expiring 30 June 2025. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. The Board concurred with the findings of the advising official. Based upon a preponderance of the evidence, the Board determined the applicant should be allowed to have his record corrected to show contract for the bonus on 1 August 2019; however, the obligation should run through 2025 instead of 2023. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 he contracted for a 4-year HPORB $75,000.00/year agreement effective 1 August 2019, with the HPORB obligation expiring on 30 June 2025, and his agreement was accepted and processed in a timely manner. The applicant should receive back pay as long as all obligations were met. 12/29/2021 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. REFERENCES: 1. Army Active Component Health Professions Officer Special and Incentive Pay Plan Effective 1 January 2020 applies to all AMEDD Active Component (AC) Health Professions Officers (HPOs). To be eligible for a HPORB any active duty service commitment incurred for participating in a pre-commissioning and/or commissioning program, as indicated on initial active duty orders or amendments, which is measured continuously from an officer's entry on active duty notwithstanding the rules in Department of Defense Instructions 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs)) that suspend discharge upon subsequent entry into long term health, or health related education and training, including graduate professional education. Post resident or fellow graduate surgeons are entitled to a HPORB 4-year rate paid annually in the amount of $75,000.00 2. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2- 11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS//