IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180003183 APPLICANT REQUESTS: back pay effective 5 June 2015 for: * Board Certification Pay (BCP) * Retention Bonus (RB) for Area of Concentration (AOC) 73A (Licensed Social Worker) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * North Carolina (NC) Social Work Certification and Licensure Board Certification, dated 21 March 2014 – 30 June 2015 * License/certification verification, dated 28 December 2017 * Email correspondence FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he applied for 73A BCP and the RB. He was denied the RB due to the branch manager stating he still had a contract. He deployed two days later and was not able to submit a rebuttal to the findings at that time. Upon return from deployment, he reached out to the branch manager again. After an investigation to the contract, the needed corrections were made to reflect his contract ended on 5 June 2015, but he was not given back pay. He is requesting to receive back pay for both bonuses to the corrected effective date of 5 June 2015. This was due to the error of the incorrect date of the contract that was entered from branch thus causing him not to receive BCP and the RB pay. This error was verified by an investigation from the branch manager and corrected in the Office of the Surgeon General special pay department. 3. A review of the applicant’s official records show the following on: a. On 18 December 2008, having had prior enlisted service, the applicant was appointed as a Reserve commissioned officer and executed an oath of office. b. The applicant’s records are void of circumstances pertaining to a change in his first appointment. c. On 22 January 2011, the applicant, again, was appointed as a Regular Army Medical Service Corps officer and executed an oath of office. d. On 5 April 2011, the applicant entered into a Long Term Health Education and Training contractual agreement in which he entered not applicable for incurring an Active Duty Service Obligation (ADSO) of three years for the first year for participation and one half year for each half year of participation. His record is void of any other contractual obligations. e. On 2 December 2011, the Master of Social Work was conferred upon the applicant. f. The applicant was certified by the NC Social Work Certification and Licensure Board to practice as a licensed clinical social worker for the period 21 March 2014 – 30 June 2015. g. The applicant’s records are void of any requests for BCP or the RB. 4. The applicant provides: * License certification/verification showing the applicant was licensed as a clinical social worker * Email correspondence with a U.S. Army Human Resource Command official wherein the applicant attempts to resolve his non-receipt of the RB and it was confirmed he did not have an ADSO and had completed a 42 month ADSO as of 4 June 2015 5. Title 37 USC, section 335(c) (Board Certification Incentive Pay) states the Secretary concerned may pay BCP under this section to a Regular or Reserve Component of a uniformed service who is board certified in a designated health profession specialty or skill and is on active duty or in an active status in such designated health profession specialty or skill. BCP may not exceed $6,000.00 for each 12-month period. 6. Memorandum, Subject: Health Professions Officer Incentive Pay Plan states a board certified social worker is entitled to a RB of: * 2 year rate of $5,000.00 * 3 year rate of $8,000.00 * 4 year rate of $10,000.00 BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his licensing as a clinical social worker, the absence of requests for an RB or BCP or contract documents and the AHRC email provided that showed the completion of his ADSO. The Board considered the law and policy applicable to incentive pay for Health Professions Officers. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s records was appropriate. 2. After reviewing the application and all supporting documents, the Board found that 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 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 to reflect: - The applicant timely submitted a request for Board Certification Pay and a Retention Bonus effective the ending date of his previous contract in 2015; - That his request was accepted and processed by the appropriate official, and; - That he be paid any money owed him subject to approval by the Office of the Surgeon General and in accordance with the Health Professions Officer Incentive Pay Plan. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 37 USC, section 335(c) (Board Certification Incentive Pay) states the Secretary concerned may pay BCP under this section to a Regular or Reserve Component of a uniformed service who is board certified in a designated health profession specialty or skill and is on active duty or in an active status in such designated health profession specialty or skill. BCP may not exceed $6,000.00 for each 12-month period. 3. Memorandum, Subject: Health Professions Officer Incentive Pay Plan states a board certified social worker is entitled to a RB of: * 2 year rate of $5,000.00 * 3 year rate of $8,000.00 * 4 year rate of $10,000.00 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180003183 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1