IN THE CASE OF: BOARD DATE: 28 July 2020 DOCKET NUMBER: AR20170011511 APPLICANT REQUESTS: Correction of his record to show he was paid a medical specialty Retention Bonus (RB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant states while mobilized on active duty as an emergency medicine physician at Army Reserve Medical Command, Pinellas Park, FL, 3 January 2017 to 2 April 2017, he applied for a Mandatory Removal Date (MRD) extension after being assured by the U.S. Army Human Resources Command (HRC) that his case was eligible for a RB for at least one year if his MRD was approved. Due to a subsequent deployment with the 3rd Medical Support Deployment Command and already being newly assigned to that unit, and despite initiating the MRD application paperwork in February 2017, it took over two months for the MRD extension approval(s) to work their way to HRC, where after three weeks of being there, the final approval was granted on 6 May 2017. Upon asking to apply for the RB, he was informed, with absolutely no interval notification whatsoever having been given to him, that a Department of Defense Instruction (DODI) had come out changing eligibility for even one year's bonus to those having a minimum of 24 months to MRD. Since his new MRD could only be extended to his 68th birthday, he had, because of the three months in processing his request, only 23 months remaining until his new MRD. He was therefore, under the change in rules never communicated to him, ineligible for said one year RB. He requested the MRD extension, knowing that he was ineligible for retirement, command, or promotion after 11 years of Reserve service, and in order to deploy at least one more time, primarily because he was assured he would qualify for a RB. Solely because of the unnecessary administrative delays currently inherent in the MRD approval process, and without any communication that criteria had changed during those delays, he was arbitrarily made ineligible for the RB (by one month) due to his age. He believes this to be an age discrimination injustice and request correction of the denial. 2. A review of the applicant's official records shows the following: a. On 21 August 2006, the applicant was appointed as a Reserve commissioned officer in the rank/grade of lieutenant colonel (LTC)/O-5, and executed an oath of office. b. On 24 February 2017, Orders Number 17-055-00002, issued by the U.S. Army Reserve Command (USARC), Fort Bragg, NC, ordered the applicant to active duty in support of Operation Inherent Resolve for a period of 140 days. c. On 4 May 2017, by memorandum, issued by HRC, the applicant was informed his request for retention beyond his MRD was approved until 2 April 2019. d. On 8 May 2017, Orders Number B-05-790035, issued by HRC, Fort Knox, KY, retained the applicant in an active status until 2 April 2019, unless sooner transferred to the Retired Reserve. e. On 30 July 2017, the applicant was honorably released from active duty and transferred to his Army Reserve unit. f. On 6 February 2019, Orders Number 19-037-00008, issued by Headquarters, USARC, honorably discharged the applicant from the USAR, effective 30 April 2019, by reason of reaching the maximum age. g. The applicant's records contain an American Board of Emergency Medicine certification showing he was certified as a diplomate from 20 October 2009 – 31 December 2019. h. The applicant's records are void of any request for a RB. 3. See applicable references below. BOARD DISCUSSION: The Board carefully considered the complete evidentiary record, including the applicant’s statement and supporting documents and found sufficient evidence to grant relief. The Board agreed that the applicant faced an administrative injustice, in that, had the applicant’s requests for adjustment of his Mandatory Removal Date (MRD) been processed in a timely manner, he would have met the time requirements to receive the medical specialty Retention Bonus (RB). Therefore, the board determined that full relief was warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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: 1. showing the applicant was granted a timely extension of his Mandatory Removal Date (MRD) and was fully authorized the Health Professional Retention Bonus (RB), that the applicant timely executed and submitted his RB request contract effective 20170224 to 20190430, that his Personnel Office duly processed his request in a timely manner, and 2. paying him any Retention Bonus due, subject to review by Office of the Surgeon General to determine period of eligibility and amount due. 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. ? REFERENCES: 1. DODI 6000.13 (Accession and retention Policies, Programs, and Incentives for Military Health Professions Officers (HPO)), dated 30 December 2015, incorporating Change 1, effective 3 May 2016 states, to be eligible for a RB, an HPO must: * be below the grade of O-7 * have completed qualification for the specialty or subspecialty for which the RB is being paid before the beginning of the fiscal year during which a written agreement is executed * enter into a written agreement to remain in an active status in the Reserve Component as a HPO for 2, 3, or 4 years, which is accepted by the Secretary concerned 2. Title 37 United States Code (USC), section 335 (Special bonus and incentive pay authorities for officers in health professions) states the Secretary concerned may pay a health professions bonus under this section to a person, including an officer in the uniformed services, who is a graduate of an accredited school in a health profession and who accepts a commission or appointment as an officer in a Regular or Reserve Component of a uniformed service, or affiliates with a Reserve Component of a uniformed service, and agrees to serve on active duty in a Regular Component or in an active status in a Reserve Component in a health profession; accepts a commission as an officer whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty. A health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000.00 for each 12-month period of obligated service agreed to with a written agreement indicating: * the amount of the bonus * method of payment of the bonus * the period of obligated service * whether the service will be performed on active duty or in an active status in a Reserve Component 3. Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO IP, dated 29 September 2017 provides that board certified emergency medicine physicians are entitled to a 2, 3, or 4- year retention bonus (prorated monthly). 4. Title 10, USC, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011511 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1