BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170012133 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ __x______ ___x_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20170012133 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she was approved to receive: * Medical Variable Special Pay for the period 10 August 2015 through 31 December 2016, utilizing a Health Professions Pay Entry Date or finance medical Specialty Pay Date of 17 May 2014 for the correct pay rates * Health Professions Officer Incentive Pay for the period 1 January 2017 through 30 June 2017 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of her records to show she was approved to receive Health Professions Officer Incentive Pay from 26 August 2015 through 31 December 2016. ______________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: 12 December 2017 DOCKET NUMBER: AR20170012133 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 correction of her records to reflect authorization for retroactive payment of the Health Professions Officer Incentive Pay (HPOIP) and, in effect, Medical Variable Special Pay (VSP). 2. The applicant states: a. She is requesting back pay for HPOIP from 26 August 2015 through 31 July 2017. She has had an active, unrestricted, medical license since 26 August 2015. She graduated from her internship on 30 June 2015. b. HPOIP was not requested upon her initial entry in the Army on 10 August 2015. Before this date, she was active duty Air Force and the incentive pay was not transferred at the time of her transfer. 3. The applicant provides: * U.S. Army Medical Department certificate of internship completion, dated 30 June 2015 * U.S. Army Human Resources Command Orders A-07-504458, dated 28 July 2015 * Commonwealth of Virginia Board of Medicine certificate, dated 26 August 2015 * medical license search, dated 8 August 2017 * memorandum for Surgeon General of the Army, dated 9 August 2017 CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Medical Corps captain in the Regular Air Force on 17 May 2014 and served on active duty in the U.S. Air Force until her honorable resignation on 9 August 2015 to accommodate an interdepartmental transfer to the Regular Army on 10 August 2015. She is currently a Medical Corps captain serving in the Regular Army at Tripler Army Medical Center in Honolulu, Hawaii. 2. A U.S. Army Medical Department certificate shows she successfully completed training in Obstetrics and Gynecology Internship at Tripler Army Medical Center, Honolulu, Hawaii, from 1 July 2014 through 30 June 2015. 3. A Commonwealth of Virginia Board of Medicine Department of Health Professions certificate, dated 26 August 2015, certifies she fulfilled the requirements of the Code of Virginia and the regulation of that board and is authorized to practice medicine and surgery in the Commonwealth of Virginia. 4. A Virginia Department of Health Professions document titled "License Lookup" shows she holds a current active license in medicine and surgery, originally issued 26 August 2015 and due to expire 28 February 2018. 5. A memorandum from the applicant to the Surgeon General of the Army, dated 9 August 2017, shows she requested HPOIP under Title 37, U.S. Code, and qualifies for the HPOIP as she is currently credentialed and has 1-year retainability on active duty to activate the agreement beginning on the effective date. 6. The Chief, Army Medical Department Special Pay Branch, provided an advisory opinion on 10 October 2017. It states: a. The applicant is requesting retroactive payment of the HPOIP from 26 August 2015 to 31 July 2017. She indicates that when she transferred from the U.S. Air Force to the U.S. Army, the incentive was not requested. b. The U.S. Army did not initiate the Department of Defense authority for health professions officer special pays until 1 January 2017 and since she was a resident in training, that would have been the earliest the discretionary special pay category of HPOIP in accordance with Title 37, U.S. Code, section 335(b), at the resident rate of $8,000.00 per year, payable at $666.66 per month would have been available. c. A review of the supporting documentation and available special pay and finance date indicates no record of submission, authorization, or payment of HPOIP until 1 July 2017. Additionally, there is no record of the preceding authorized Legacy Entitlement special pay category of Medical VSP in accordance with Title 37, U.S. Code, section 302, for the period of 10 August 2015 through 31 December 2016 at the variable rate of $3,000 per year, payable at $250.00 per month. d. Based on the above information, the applicant would have been eligible to receive Medical VSP upon entry on active duty on 10 August 2015 and then the discretionary HPOIP agreement effective 1 January 2017. e. It is recommended the applicant receive Medical VSP for the period 10 August 2015 through 31 December 2016, at the variable rate of $3,000 per year, payable at $250.00 per month, totaling approximately $4,183.00 prior to withholding. The exact payment would be determined by the Defense Finance and Accounting Services (DFAS) utilizing a Health Professions Pay Entry Date or finance medical Specialty Pay Date of 17 May 2014 for the correct pay rates. f. It is also recommended she receive HPOIP for the period 1 January 2017 through 30 June 2017, at the resident rate of $8,000.00 per year, payable at $666.66 per month, totaling approximately $4,000.00 prior to withholding. The exact payment would be determined by DFAS. 7. The applicant was provided a copy of the advisory opinion on 13 October 2017 and given an opportunity to submit a rebuttal. She did not respond. REFERENCES: 1. Title 37, U.S. Code, section 335(b), provides for the payment of HPOIP to an officer in a regular or reserve component of a uniformed service who is entitled to basic pay under section 204 of this title or compensation under section 206 of this title and is serving on active duty or in an active status in a designated health profession specialty or skill. 2. Title 37, U.S. Code, section 302, provides for the payment of Medical VSP to an officer of the Medical Corps of the Army designated as a medical officer and who is on active duty for a period of not less than 1 year. Payments are based on year of credible service and received monthly. DISCUSSION: 1. The evidence of record shows the applicant received board certification to practice medicine and surgery from the Commonwealth of Virginia on 26 August 2015. 2. She was appointed as a Medical Corps captain in the Regular Army on 10 August 2015 and requested HPOIP on 9 August 2017, retroactive from 26 August 2015 through 31 July 2017. 3. The Chief, Army Medical Department Special Pay Branch's advisory opinion states the applicant would have been eligible to receive Medical VSP upon entry on active duty on 10 August 2015 and she would have been eligible for the discretionary HPOIP agreement effective 1 January 2017, as 1 January 2017 is the earliest date the U.S. Army initiated the Department of Defense authority for health professions officer special pays. HPOIP was not authorized during the period 26 August 2015 through 31 December 2016. 4. The advisory opinion recommends the applicant receive Medical VSP for the period 10 August 2015 through 31 December 2016, at the variable rate of $3,000 per year. It also recommends she receive HPOIP for the period 1 January 2017 through 30 June 2017, at the resident rate of $8,000.00 per year. The exact payment amounts are to be determined by the DFAS. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170012133 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170012133 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2