IN THE CASE OF: BOARD DATE: 2 November 2016 DOCKET NUMBER: AR20160011029 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: 2 November 2016 DOCKET NUMBER: AR20160011029 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 entitlement to Health Professions Officer Incentive Pay effective 14 July 2014 through 15 March 2015 and paying him any monies that may be due as a result of this correction using the applicable rate. _____________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: 2 November 2016 DOCKET NUMBER: AR20160011029 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, correction of his records to show he is authorized Health Professions Officer (HPO) Incentive Pay (HPOIP) retroactive to 18 July 2014. 2. The applicant states that his HPOIP was started on 16 March 2015 following completion of his residency at the Walter Reed National Military Medical Center (WRNMMC). He was licensed as a clinical psychologist on 18 July 2014 and his HPOIP should have been started on that date. However, he was given incorrect information regarding the beginning date of his HPOIP at both WRNMMC and his first duty station (Fort Bragg, NC). 3. The applicant provides copies of his medical license and HPOIP contract. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer, in the rank of second lieutenant (Infantry), on 19 June 2003. He was ordered to active duty on 19 June 2003, promoted to first lieutenant on 19 December 2004, and honorably released from active duty on 1 July 2006. 2. The applicant was appointed as a commissioned officer in the Regular Army (RA), in the rank of captain (Medical Service Corps), and ordered to active duty on 5 July 2012. He completed the Army Medical Department (AMEDD) Basic Officer Leaders Course (BOLC) on 12 September 2012. 3. In support of his request the applicant provides the following documents. a. State of Arizona, Board of Psychologist Examiners certificate and license directory that show the applicant met all the requirements of the Board as prescribed by law and was licensed as a Psychologist, effective 18 July 2014, with an expiration date of 30 April 2015. b. A memorandum addressed to the Human Resources (HR), AMEDD, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA, subject: Request for HPOIP, that shows the applicant initiated/signed the request on 16 March 2015. 4. In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, OTSG, Falls Church, VA. a. The advisory official states the applicant requests a retroactive effective date of his discretionary HPOIP contract at $5,000 per year; payable at $416.66 per month from 18 July 2014 (i.e., the date of receipt of his Health Care Provider (HCP) license) instead of 16 March 2015; the date he arrived at his first duty station) through 15 March 2015. b. The advisory official does not offer a recommendation with respect to either granting or denying administrative relief. (1) He states a review of available special pay, finance records, and supporting documents indicates the applicant completed the BOLC, was fully qualified by award of area of concentration (AOC) in the specialty, he attained his license on 18 July 2014, and he was actively seeking privileges at a Medical Treatment Facility (MTF). The applicant met the requirements for the discretionary HPOIP and was eligible to request the discretionary HPOIP contract, effective 18 July 2014. However, there is no record of submission, authorization, or payment of an HPOIP contract effective 18 July 2014. (2) He initially executed/signed an HPOIP contract on 16 March 2015. c. The advisory official states 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 effective date; otherwise, the effective date must be established as date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action. d. The advisory official also states requests for the discretionary category of HPOIP (Title 37, U.S. Code, section 335(b)) are upon execution of a contract initiated by the officer through their command's HR/personnel/S1 office. e. A retroactive approval of the HPOIP contract, with an effective date of 18 July 2014, would general a prorated authorization of approximately $3,305 prior to any withholdings; the exact payment would be determined by the Defense Finance and Accounting Service (DFAS). 5. On 31 August 2016, the applicant was provided a copy of the advisory opinion in order to allow him the opportunity (15 days) to submit comments or a rebuttal. 6. On 8 September 2016, the applicant provided his response. He reiterated the facts that support his case, which he presented in his original application to the Board. He added that he was informed there could be no retroactive payment and that is the reason for the delay in filing his application to this Board. He understands the burden was on him to file a timely application for specialty pay and requests favorable consideration of his request for retroactive specialty pay. REFERENCES: 1. All Army Activities message 195 (2010), subject: All Army Activities Special Pay for Licensed Clinical Psychologists, Social Workers, Physician Assistants, and Veterinarians, paragraph 4 (General eligibility criteria for HPO special pays), provides that an officer must be a commissioned HPO who is a graduate of the AMEDD BOLC and fully qualified by award of an AOC in the specialty. Subparagraph 4c(5) provides that an officer, as a HCP, must be currently credentialed and privileged, or actively seeking privileges at an MTF in the specialty for which the HPO is to be paid, which requires an HCP license. 2. Army Regulation 37-104-4 (Military Pay and Allowances Policy), Chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)), provides that only the Director, DFAS, may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records under the provisions of Army Regulation 15-185 (ABCMR). DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show he was authorized HPOIP from 18 July 2014 through 15 March 2015. 2. The evidence of record shows the applicant met the requirements for the discretionary HPOIP and was eligible to request the discretionary HPOIP contract effective 18 July 2014. He completed/signed an HPOIP contract on 16 March 2015. 3. The Board notes the applicant had a responsibility to fulfill his part of the discretionary contract process, to include inquiry/research 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 effective date. However, for reasons that are not clear, he did not submit a timely contract. 4. A retroactive approval of the HPOIP contract, with an effective date of 18 July 2014, would generate a prorated authorization of approximately $3,305. 5. In this instance, it would be appropriate to correct the applicant's records to show he is entitled to HPOIP, effective 18 July 2014 through 15 March 2015, in the total amount of approximately $3,305. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011029 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2