BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160005491 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 BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160005491 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 the applicant applied for and was authorized payment of: a. Health Professions Officer Incentive Pay in the amount of $5,000/year for the period 10 August to 30 September 2015. b. Health Professions Officer Board Certification Pay in the amount of $6,000/year for the period 10 August to 30 September 2015. c. Health Professions Officer Retention Pay in the amount of $20,000/year with an effective date of 10 August 2015 to 9 August 2019. ___________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. BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20160005491 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, in effect: * retroactive Health Professions Officer (HPO) Incentive Pay (HPOIP) * HPO Board Certification Pay (HPOBCP) * HPO Retention Bonus (HPORB), backdated with an effective date of 10 August 2015 to 9 August 2019 2. The applicant states, in effect: a. He is a 65D (Physician Assistant (PA)) and he transitioned from the active Army to the Active Guard Reserve (AGR) with the Wyoming (WY) Army National Guard (WYARNG) on 10 August 2015. b. He submitted his documentation for HPOBCP, HPOIP, and HPORB, but this pay was denied because he submitted the documentation after 1 October 2015. c. The special pay technician, Office of The Surgeon General (OTSG), told him that he needed his contract adjusted because he had to have a 4 year contract for HPORB. He was also told that he needed to submit the adjusted documentation to the ABCMR, because OTSG could not back date the bonuses to 10 August 2015 due to the change in the fiscal application and his discharge date. The discharge date that he used is the date he transitioned from active duty to an AGR status with the ARNG. 3. The applicant provides: * ALARACT 196/2010, subject: Army Special Pay plan for Licensed Clinical Psychologists, Social Workers, PAs, and Veterinarians, dated 26 June 2010 * University of Nebraska Medical Center College of Medicine, Master of PA Studies Certificate, dated 17 December 2010 * Orders 169-001, issued by the State of Wyoming, Adjutant General’s Office, dated 18 June 2015 * memorandum for Surgeon General of the Army, Human Resources, Army Medical Department (AMEDD) Special Pay Branch, subject: Request for HPOBCP, dated 28 September 2015 * memorandum for the Surgeon General of the Army, Human Resources, AMEDD Special Pay Branch, subject: Request for HPORB, dated 28 September 2015 * memorandum for Surgeon General of the Army, Human Resources, AMEDD Special Pay Branch, subject: Request for HPOIP, dated 28 September 2015 * PA License from the Wyoming Board of Medicine, dated 22 January 2016 * Orders 055-001, issued by the State of Wyoming, Adjutant General’s Office, dated 24 February 2016 * email from OTSG * memorandum, subject: Special Pay for Eligible AMEDD Officers CONSIDERATION OF EVIDENCE: 1. The applicant had prior enlisted service in the Regular Army (RA). 2. The applicant provides a certificate showing he received a Master of PA Studies which was conferred on 17 December 2010. 3. On 7 January 2011, the applicant took the oath of office as an RA Medical Specialist Corps first lieutenant (1LT)/O-2. 4. A DA Form 1059 shows he successfully completed and graduated from the AMEDD Basic Officer Leader Course on 18 March 2011. 5. On 10 August 2015, he took an oath of office in the U.S. Army Reserve and the WYARNG in the rank/grade of captain (CPT)/O-3 as a PA in the Medical Specialist Corps. 6. The applicant provided: a. Three memoranda from the Surgeon General of the Army, Human Resources, AMEDD Special Pay Branch showing his request for: * HPORB was approved * HPOIP was approved * HPOBCP was approved b. Orders 055-001, issued by the State of Wyoming, Adjutant General’s Office, dated 24 February 2016, showing his initial AGR tour from 10 August 2015 through 9 August 2018 was amended to show the period 10 August 2015 through 9 August 2019. 7. On 5 August 2016, during the processing of this case, OTSG provided an advisory opinion. The advisory official stated, in part: a. The officer is requesting a retroactive 4 year HPORB at $20,000/year effective from 10 August 2015 to 9 August 2019, as well as an adjustment of the start date from 1 October 2015 to 10 August 2015 for his existing payments of HPOIP at $5,000/year, and HPOBCP at $6,000/year; both paid on a prorated monthly basis. b. His initial AGR active duty orders were effective 10 August 2015 to 9 August 2018. He states that he did not get his special pay started until the beginning of the fiscal year because his orders were only for a 3-year tour. He had to wait for his amended orders to show he had a 4-year tour to be eligible for the 4-year HPORB. c. A review of the available officer personnel and finance data indicated that he had orders for an active duty tour from 10 August 2015 to 9 August 2018. Due to the late submission of documentation to start HPO special pay, the HPOIP and HPOCBP were started at the earliest opportunity, at the beginning of the current fiscal year, 1 October 2015 and have been paid to date. d. Since PAs are only authorized a 4-year HPORB, he decided to request an AGR tour extension from 10 August 2015 to 9 August 2019 in order to meet the eligibility criteria and obligation requirements for the HPORB. e. His HPO special pays can only be authorized for the period the officer is known to be on active duty and cannot be extended past that end date. Since his initial AGR orders were only for 3 years, although eligible for HPOIP and HPOBCP, he would not have been eligible for a 4-year HPORB, the only authorized obligatory period. f. However, now that his AGR orders have been amended, he would be eligible for the discretionary 4-year HPORB. He now meets the eligibility criteria and obligation requirements for a discretionary 4-year HPORB at $20,000/year effective 10 August 2015 to 9 August 2019. g. His current HPOIP at $5,000/year effective 1 October 2015 should have the effective date adjusted to 10 August 2015 with retroactive pay for the period 10 August 2015 to 30 September 2015. 8. On 8 August 2016, the applicant was provided a copy of the advisory opinion for his response. He did not respond within the time allotted. REFERENCES: 1. Department of Defense Financial Management Regulation, volume 7A, chapter 5, provides for various incentive pay, three of which are HPOIP, HPOBCP, and HPORB. a. To be eligible for an incentive pay, an HPO must be a licensed clinical psychologist, licensed clinical social worker, or PA; have completed specialty qualification before 1 October of the fiscal year in which the officer enters into an agreement; signed 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 PA's have been designated as HCP's. b. Subject to acceptance by the Secretary concerned, an HCP must be currently credentialed and privileged at an military treatment facility in the specialty for which the incentive pay is to be paid. The Secretary concerned may also approve recommendations for incentive payments to fully-qualified HCP's 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 HPOIP must be paid in monthly installments. c. HPOBCP may be paid to HPOs, including PAs, who are certified by a professional board in the officer's clinical specialty; have a current valid unrestricted license or approved waiver, if a clinical psychologist, clinical social worker or PA; and 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. 2. Title 37, U.S. Code, section 302 (Special Pay: Medical Officers of the Armed Forces) states that variable, additional, and BCP is authorized to officers of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who are on active duty under a call or order to active duty for a period of not less than 1 year. This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay. DISCUSSION: 1. As verified by the advisory official, the applicant is eligible for retroactive HPOBCP at $6,000.00/year from 10 August to 30 September 2015 and for retroactive HPOIP at $5,000.00/year from 10 August to 30 September 2015. 2. Although the applicant did not appear to initially qualify for the HPORB with his 3-year AGR orders, he requested an amendment extending his orders to 4 years, which was approved. He now meets the requirements and qualifies for the HPORB at $20,000/year with an effective date of 10 August 2015 to 9 August 2019. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005491 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005491 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2