IN THE CASE OF: BOARD DATE: 4 November 2021 DOCKET NUMBER: AR20210006087 APPLICANT REQUESTS: retroactive payment of the Health Professions Officer Incentive Pay (HPOIP) effective 1 October 2019. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, subject: Request for HPOIP * E-mail Correspondence with the Office of the Surgeon General (OTSG) * E-mail Correspondence with the Applicant’s Human Resources Specialist * E-mail Correspondence with Finance FACTS: 1. The applicant states he recently graduated as a 62A who was eligible for HPOIP beginning 1 October 2019. He became aware of his eligibility in mid-October and contacted his human resources on 22 October 2019 to create the contract. He was notified that this contract needed to be signed and per the e-mail with the human resources specialist, it would be dated 1 October 2019. Due to working in the emergency room overnight from 23 October 2019 to 24 October 2019, extending into the weekend and the fact that human resources did not have his contract prepared, he was not able to sign the contract until November. The contact was supposed to be backdated to 1 October 2019, but was actually dated 1 November 2019. This was overlooked. He was supposed to be paid $4,083.33 per month for incentive pay. In October, he was paid at his current incentive pay rate of $666.66. He is requesting that his contract start date be changed to 1 October 2019 and that he receives back pay in the amount of $3,371.67. 2. A review of the applicant’s service records shows: a. The applicant was appointed as a Reserve commissioned officer on 25 April 2012. b. On 30 August 2017, he was granted a license to practice as a physician from the State of Nebraska. c. On 30 June 2019, the applicant successfully completed training in an Emergency Medicine Residency at Madigan Army Medical Center, Tacoma, WA. 3. The applicant provides: a. A request for HPOIP, dated 18 November 2019. He understood in consideration with him entering into the agreement that the Army agrees to pay HPOIP at a rate of $49,000 a year, paid on a prorated monthly basis. His commander approved and verified the applicant met the criteria n 12 December 2019. b. E-mail correspondence from the applicant to finance, dated 6 February 2020, requesting an inquiry into nonpayment of the HPOIP. c. E-mail correspondence with the applicant, his unit, and finance, dated 7 February 2020, reference the pay inquiry the applicant submitted, which states, “it would seem that they did not back date the contract to October when I was paid.” His unit requested the contract be back dated. d. E-mail correspondence with OTSG, dated 18 June 2020, which recommended the applicant file an application with the Army Board for Correction of Military Records. 4. An advisory opinion was received from the OTSG in the processing of this case. On 7 April 2021, the Chief, Army Medical Department Special Pay Branch stated: a. Officer is requesting a one-month adjustment of the HPOIP effective date from the date of 1 November 2019 to the date of 1 October 2019. He indicates they did not realize they were eligible for the new HPOIP specialty agreement 3 months post- residency graduation of 30 June 2019. b. The HPOIP, 37 U.S. Code 335(b) provides physician interns $1200/year while in the official one-year program. Upon entering a physician residency, the HPOIP pay $8000/year until completion of the variable length residency program, plus 3-month DoD agreement delay policy. Officer is then eligible to execute a new HPOIP based on their trained specialty. All HPOIP payments are dispersed on a monthly basis on the leave and earnings statement as “save pay.” c. A review of supporting documentation, and available personnel, special pay and finance data indicates officer received HPOIP at $8000/year through 31 October 2019. He completed qualifying training on 30 June 2019, plus 3-month DoD agreement delay policy would make officer eligible for the specialty HPOIP effective 1 October 2019, versus the expected HPOIP agreement 1 November 2019. d. Opinion. Officer was eligible for the specialty HPOIP at $49,000/year effective 1 October 2019. Since he was receiving HPOIP at $8000/year for the overlapping one- month period 1 October 2019 to 31 October 2019, it must be subtracted from the prorated specialty HPOIP payment for that period. He would be authorized approximately $3,416 before withholding. The exact arrears payment would be determined by Defense Finance and Account Services (DFAS). e. In accordance with Army Regulation (AR) 37-104-4 (Military Pay and Allowance Policy), dated 8 June 2005, Chapter 20 (Settlement Actions Resulting from Correction of Records by the ABCMR); only the Director, DFAS, may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR. Therefore, any ABCMR relief granted should be addressed to DFAS. 5. On 7 April 2021, the applicant was provided with a copy of the advisory opinion for acknowledgement and/or rebuttal. He did not respond. 6. By statute, an officer may be entitled to HPOIP and HPOBCP in a regular or reserve component of a uniformed service who is entitled to basic pay or compensation and is serving on active duty or in an active status in a designated health professional specialty or skill. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant was eligible for a higher rate of HPOIP beginning 1 October 2019, but did not received the higher rate for the month of October 2019 because his specialty HPOIP contract was not executed in a timely manner. The Board determined the applicant's record should be corrected to show he contracted for HPOIP at the rate of $49,000 per year effective 1 October 2019 and he should be paid any additional incentive pay he is due as a result of this correction. 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 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 to show he contracted for HPOIP at the rate of $49,000 per year effective 1 October 2019. He should be paid any additional incentive pay he is due 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. REFERENCE: Title 37, U.S. Code, section 335 (Special Bonus and Incentive Pay Authorities for Officers in Health Professions) states an officer may be entitled to HPOIP and HPOBCP in a regular or reserve component of a uniformed service who is entitled to basic pay or compensation and is serving on active duty or in an active status in a designated health professional specialty or skill. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006087 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1