IN THE CASE OF: BOARD DATE: 24 May 2016 DOCKET NUMBER: AR20150019237 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: 24 May 2016 DOCKET NUMBER: AR20150019237 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: a. showing Health Professions Officer Board Certificate Pay (HPOBCP) was approved for the period 17 December 2011 to 5 October 2012; and b. paying him any back pay due as a result of this correction if not already disbursed. _____________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: 24 May 2016 DOCKET NUMBER: AR20150019237 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 Board Certificate Pay (HPOBCP) contract at $6,000/year, effective September 2011. 2. The applicant states he received all payments of HPOBCP except the first year, which he indicates he was owed based on a response to a Congressional inquiry. 3. He completed the Interservice Physician Assistant Course in September 2011. At that time he was commissioned as a first lieutenant (1LT). Upon completion of the Physician Assistant National Certification Exam (PANCE), he was eligible for a $6,000 yearly bonus. He filled out the appropriate forms and submitted them as directed. He was immediately deployed to Afghanistan from Fort Richardson, AK. The entire deployment he never received the bonus. He filed a Congressional inquiry and they found that he was owed the bonus money. He was informed he would have to go through this Board to receive his back pay. 3. The applicant provides no evidence in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty as a captain in the Regular Army in the area of concentration (AOC) 65D (Physician Assistant). 2. He was commissioned as a 1LT in the Regular Army on 9 September 2011 and he was ordered to active duty with a report date of 6 October 2011 for temporary duty at Fort Sam Houston, TX. He was assigned to the 725th Combat Support Battalion at Fort Richardson, AK, in AOC 65D with a report date of 16 January 2012. 3. He attended the Army Medical Department (AMEDD) Basic Officer Leadership Course (BOLC) from 7 October 2011 to 16 December 2011. He successfully completed the BOLC on 16 December 2011. 4. In the processing of this case, on 1 April 2016, an advisory opinion was received from the Chief of the AMEDD Special Pay Branch, Office of The Surgeon General. The advisory official stated: a. Retroactive approval of an HPOBCP contract effective 17 December 2011 to 5 October 2012 is supportable. b. The applicant was requesting a retroactive HPOBCP contract at $6,000/year; payable $500/month, effective September 2011. He stated he had received all payments of HPOBCP except the first year. c. All Army Activities (ALARACT) Message 195/2010, subject: ALARACT Army Special Pay Plan for Licensed Clinical Psychologists, Social Workers, Physician Assistants, and Veterinarians, states: (1) Paragraph 4 - General eligibility criteria for Health Professions Officer (HOP) special pays indicate an officer must be a commissioned HOP who is a graduate of the AMEDD BOLC, and fully qualified by award of an AOC in the specialty. (2) Paragraph 4.c.(5) indicates that the officer, as a Health Care Provider, must be currently credential and privileged, or actively seeking privileges at a medical treatment facility 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 the licensing requirement. c. Requests for the discretional category of HPOBCP is initiated by the officer through their command's supporting 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 earning statement (LES) entitlements column. d. A review of special pay and finance records indicates the applicant attained NCCPA board certification on 6 October 2011, entered active duty on 9 September 2011, and completed BOLC on 16 December 2011. He would have been eligible to request the discretionary HPOBCP contract effective 17 December 2011. The applicant executed his initial HPOBCP contract effective 6 October 2012. Although the applicant met the requirements of ALARACT 195/2010, there is no record of submission, authorization, or payment of the HPOBCP contract effective 17 December 2011, the day after he completed BOLC. e. Officers must bear responsibility for their part of the discretionary contract process, to include their inquiry as to eligibility, requesting the contract be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise, the effective date must be reestablished as date of signature. Contracts executed outside of the policy for the signature date or received outside the funded fiscal year are returned without action. f. The applicant met the general eligibility criteria for the discretionary HPOBCP contract on 17 December 2011. g. The current HPOBCP contract was completed in accordance with existing policy, plan, procedures, and rates. It is probable that the applicant did not reach his first permanent unit of assignment before the end of the fiscal year. Therefore, 6 October 2012 would have been the earliest effective date authorized for the contract being executed. 5. On 12 April 2016, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond. He did not provide any comments in response. DISCUSSION: 1. The applicant graduated from AMEDD BOLC on 16 December 2011. He would have been eligible to request the discretionary HPOBCP contract effective 17 December 2011. 2. The applicant is eligible for HPOBCP at $6,000.00/year, payable at $500.00/month for the period commencing 17 December 2011 through 5 October 2012. The exact amount due the applicant will be determined by the Defense Finance and Accounting Service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150019237 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150019237 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2