IN THE CASE OF: BOARD DATE: 20 December 2012 DOCKET NUMBER: AR20120005283 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 payment of an annual Health Professions Officer Incentive Pay (HPOIP) from 1 October 2010 to 30 September 2011. 2. The applicant states as a certified Physician Assistant (PA) while on active duty he was entitled to yearly, lump sum, incentive pay of $5,000 in addition to his board certification pay. He did not receive this special pay for the final year of his service. 3. The applicant also states he was told by other PAs that it was common not to receive special pay for the final year of service. It was explained that it was a glitch in the finance system. 4. The applicant provides: * a DA Form 71 (Oath of Office - Military Personnel) * a DA Form 4187 (Personnel Action) * Orders 187-1004, dated 6 July 2011 * his DD Form 214 (Certificate of Release or Discharge from Active Duty) CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service, the applicant was appointed as a Regular Army commissioned officer, Army Medical Specialist Corps, and executed an oath of office on 28 December 2007. He was promoted to captain on 15 May 2009. He was discharged from active duty on 4 January 2012. 2. In the processing of this case, on 19 June 2012, an advisory opinion was obtained from the Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), which recommended disapproval of the applicant's request. The official stated: a. A review of the applicant's military pay and personnel files shows no record of an HPOIP agreement being received from the command or HPOIP being paid during the requested period. The applicant did execute and was paid for a 1-year HPOIP agreement in the amount of $ 5,000/year effective 1 October 2009 through 30 September 2010. He was also paid $6,000/year in accordance with a Health Professional Board Certification Pay (HPBCP) agreement, effective 1 October 2009-indefinite. b. The official stated the applicant must bear responsibility for his part of the agreement eligibility criteria, execution, and submission. The outstanding HPOIP agreement for the period requested cannot be supported without evidence that the applicant executed and submitted a new agreement for payment. If the applicant could provide a copy of said agreement or indicate the extenuating circumstances precluding agreement submission, it can be reviewed for further advisory. The applicant did not respond to the advisory opinion. 3. Department of Defense Financial Management Regulation, Volume 7A, chapter 5, provides for various incentive pays, one of which is HPOIP. a. To be eligible for Incentive Pay, an HPO must be a licensed clinical psychologist, licensed clinical social worker, or physician assistant; have completed specialty qualification before 1 October 2008; sign a written agreement to remain on active duty or in an active status in the Selected Reserve of the Ready Reserve in a designated health profession specialty for a period of not less than 1 year beginning on the date the contract is signed; and be a Health Care Provider (HCP), possess an unrestricted license (or approved waiver), and be qualified in his or her specialty. Social workers, clinical psychologists and physician assistants have been designated as HCPs. b. Subject to acceptance by the Secretary concerned, an HCP must be currently credentialed and privileged at a military treatment facility in the specialty for which the incentive pay is to be paid. The Secretary concerned may also approve recommendations for incentive pay payments to fully qualified HCPs assigned to positions requiring a substantial portion of time performing military-unique duties under adverse conditions or in remote locations outside the United States, or that preclude the ability to spend appropriate time in a clinical setting. The monthly incentive pay is shown in Table 5-9. The HPO incentive pay must be paid in monthly installments. DISCUSSION AND CONCLUSIONS: 1. The applicant’s request for HPOIP was carefully considered and it was determined there is insufficient evidence to support his request. 2. The advisory opinion from the Army Medical Department, Special Pay Branch, OTSG, specifically stated the applicant did execute and was paid for a 1-year HPOIP agreement at $5,000/year effective 1 October 2009 through 30 September 2010. HPOIP for the period requested could not be supported without evidence that he executed and submitted a new agreement for the period requested. 3. In view of the foregoing, there is no basis for granting the applicant's request at this time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ____x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20120005283 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120005283 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1