IN THE CASE OF: 

		BOARD DATE:  11 January 2022

		DOCKET NUMBER: AR20210005392


APPLICANT REQUESTS:  retroactive payment of Health Professions Officer (HPO) 
Incentive Pay (IP) for the period 20170907-20171019. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Personal Statement 
*	University of School of Dentistry Diploma (dated 11 May 2017)
*	State Board of Dentistry License (date issued 17 May 2017)
*	first privilege date as an active duty dentist (7 September 2017)
*	memorandum for special pay (with incorrect effective date (20 October 2017))
*	1st and 8th page of the Army Active Component Health Professions Officer 
Special and Incentive Pay Plan regulations

FACTS:

1.  The applicant states the effective date of his Health Professions Officer Incentive 
Pay (IP) is wrong. It was registered as 20 October 2017. The date discrepancy means 
he was active duty and working as a dentist without special pay for 6 weeks. He would 
like to request that pay discrepancy be corrected. Per the Army Active Component 
Health Professions Officer Special and Incentive Pay Plan page 8, #7, part b, it states 
that the agreement of effective date for IP is the latter of the following: (1) No earlier 
than upon completion of qualifying training plus 3-months, (2) date of privileging and 
licensure as HCP (Health Care Provider). He graduated dental school on 11 May 2017 
(+ 3 months is 11 August 20I7). He was licensed as a dentist on 17 May 2017 and was 
privileged as an Army dentist on 7 September 2017. 

2.  Review of the applicant's service records shows: 

	a.  He was appointed as a Reserve commissioned officer and executed an oath of 
office on 31 January 2014. 

	b.  He graduated from the University of [State's Name] with a Doctor of Dental 
Surgery degree on 11 May 2017. He became board certified on 17 May 2017.
	c.  He was appointed as a Regular Army commissioned officer and executed an oath 
of office on 10 June 2017. He completed the Army Medical Department (AMEDD) Basic 
Officer Leader Course from 11 June to 22 July 2017. 

	d.  On 10 August 2017, he signed an Agreement/Request for HPOIP. He indicated 
that he was licensed in the State of [Name] and that the period of continuous active duty 
that he agreed to serve will be effective: 20171020. In consideration of entering into this 
IP agreement, the Army agrees to pay IP at a rate of $20,000.00, a year; paid on a 
prorated monthly basis, and subject to the availability of funds, and applicable State and 
Federal taxes for the life of this agreement. 

	e.  He was honorably released from active duty on 9 June 2021. His DD Form 214 
(certificate of Release or Discharge from Active Duty) shows he completed 4 years of 
active service. 

3.  The Office of The Surgeon General (OTSG), AMEDD Special Pay Branch rendered 
an advisory opinion on 8 September 2021 in the processing of this case. The OTSG 
advisory official stated: 

	a.  The AMEDD Special Pay Branch provides the following advisory opinion based 
on policy, plan, procedures, and rates. Officer is requesting Health Professions Officer 
(HPO) Incentive Pay (IP) that they claim eligibility, but did not receive for the period 
20170907-20171019. Officer is requesting the sum total of approximately $2, 388.88.

	b.  A review of supporting documentation, special pay and finance data indicates no 
record of officer receiving the HPOIP effective 20170907. Per above discussion, officer 
was eligible for the HPO IP concerning the period 20170907-20171019, approximately 
43 days. If the HPO IP is authorized/granted is eligible to receive approximately 
$2,388.88; the exact arrears payment is determined by DFAS-IN.

	c.  In accordance with AR 37-104-4, Military Pay and Allowances Policy, 8 June 
2005, Chapter 20 - Settlement Actions Resulting from Correction of Records by the 
Army Board for Correction of Military Records (ABCMR); only the Director, DFAS–IN 
may make settlement actions affecting the military pay accounts of soldiers as a result 
of correction of records by the ABCMR per provisions of AR 15-185. Therefore, any 
ABCMR relief granted should be addressed for action to the Corrections- Claims
Section, DFAS–IN. 

4.  He was provided with a copy of this advisory opinion to give him an opportunity to 
submit additional comments, if applicable. He did not respond. 

BOARD DISCUSSION:

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, and regulatory guidance were carefully considered. The 
AMEDD Special Pay Branch confirmed that the applicant was eligible for Health 
Professions Officer (HPO) Incentive Pay (IP), but did not receive it for the period 
20170907-20171019. Board members agreed with the advisory official's assessment to 
grant relief. The applicant was eligible for the HPO IP concerning the period 20170907-
20171019, approximately 43 days, and that the exact arrears payment is determined by 
DFAS-IN.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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:

*	showing the applicant executed an HPOIP contract at the authorized annual rate 
commencing 7 September 2017 
*	showing his contract was timely received and processed by the appropriate office 
*	paying him any back pay, for the period 7 September 2017 to 19 October 2017  
as a result of this correction 

		  
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.  Title 37 USC, section 302 states, an officer who is an officer of the Medical Corps of 
the Army designated as a medical officer and who is on active duty under a call or order 
to active duty for a period of not less than one year is entitled to special pay in 
accordance with this subsection. An officer may not be paid additional special pay under 
subsection (a)(4) or incentive special pay under subsection (b) for any twelve-month 
period unless the officer first executes a written agreement under which the officer 
agrees to remain on active duty for a period of not less than one year beginning on the 
date the officer accepts the award of such special pay.

2.  The Army Active Component Health Professions Officer Special and Incentive Pay 
Plan Memorandum, states regarding the Health Professions Officer Incentive Pay, 

	a.  Eligibility: To be eligible for the IP, an HPO must:

		(1) Execute an IP agreement, and have at least one-year retainability on Active 
Duty beginning on the effective date.

		(2) As a HCP, AC and AGR HPOs must be currently credentialed, privileged, and 
practicing a minimum of 40-hours/year at a facility designated by the Army, in the 
specialty for which the IP is being paid.

		(3) The HPO must possess a current, valid, unrestricted license; NCCPA; or 
approved Army waiver under the provisions of AR 40-68, with applicable interim 
changes, without prejudicial restriction to the standards of the specialty for which the 
award is made, as a prerequisite and for the duration of receipt of IP.

	b.  Agreement Effective Date. The effective date of the IP agreement is the latter 
date of meeting all of the following:

		(1)  No earlier than upon completion of qualifying training plus 3-months,

		(2) Date of privileging and licensure as a HCP.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20210005392


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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