ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 






IN THE CASE OF:  BOARD DATE:  13 February 2020 DOCKET NUMBER:  AR20180006612 


APPLICANT REQUESTS:  correction of his incentives contract start date and payment. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

.DD Form 149 (Application for Correction of Military Record)

.Emails from applicant to National Guard Bureau - Subject:  Special PayRetention Bonus Contract, dated 29 September 2016

.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated29 September 2016

.DA Form 1559 (Inspector General Action Request), dated 15 October 2017

.Maryland Army National Guard (MDARNG) Memos – Subject:  Request forRetention Incentives Contract start date correction, dated 28 March 2018

.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated18 October 2017



FACTS: 

1.The applicant states:

a.Through no fault of his own, he  signed an incentive contract in good faith before


the contract start date of 1 October 2016.  The contract was not properly loaded in the GIMS system by the Specialty Branch Recruiter.  The inaction by the Specialty Branch Recruiter meant the retention incentive bonus payments were not  processed for over a year (September 2016  to September 2017).  The organizational process failure has resulted in a degradation of his faith and confidence in the MDARNG and the United States Army.  When the deficiency was identified by the Inspector General, new processes were immediately put in place to initiate contracts and to ensure this inaction would not occur again.  The applicant requests the contract start date for the current and valid contracts to be corrected to the start date identified by the good faith contract originally submitted.   

b.On 28 September 2016 he was given notice by email through his chain ofcommand that he was eligible for a retention bonus as a Physician Assistant in the MDARNG from 1 October 2016 to 30 September 2017.  The email chain was from his 
chain of command to him.  On 29 September 2016, he submitted the required paperwork as requested.  In spite of completing the required paperwork as directed and meeting all requirements to obtain the retention bonus, he was not provided with the retention bonus that he earned through his service to the MDARNG as a Physician Assistant (PA). 

2.A review of the applicant’s available service records reflects the following:

a.11 November 2007  - the applicant’s record shows he was certified by theNational Commission on Certification of Physician Assistants and remains current. 

b.20 December 2007 – the applicant was appointed as a Reserve commissionedofficer and executed an Oath of Office in the grade of Captain. 

c.11 March 2011 – DD Form 214 (Certificate of Release or Discharge From ActiveDuty), reflects his rank as Captain (CPT)/O-3, Primary Specialty as 65D – Physician Assistant and a net active service of 3 years, 2 months and 11 days. 

d.The applicant’s records are void of any incentive pay requests for the periodstarting on 29 September 2016. 

3.The applicant provides the following:

a.Email trail stating the short suspense for Medical Corp Incentives authorized forcertain Medical Corps Areas of Concentration and how the service member’s unit may have to initial the paperwork for their bonus.  The Army National Guard Deputy Surgeon emailed all State Surgeons stating the Retention Bonus contracts needed to be signed by 30 September 2016.  An email from the applicant, dated 29 September 2016, states how he attached a completed and signed special pay retention bonus application, handwritten and digitally signed.  

b.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated29 September 2016 which shows a Special Pay entitlement of $25,000 and obligation of 2 years for service in specialty 65D (Physician’s Assistant) for the MDARNG. 

c.DA Form 1559 (Inspector General Action Request), requesting assistance toobtain the $25,000 bonus money owed the applicant by the MDARNG for the dedicated service as a physician assistant provided from fiscal year 2016 to 2017. 

d.Office of the State Surgeon and the Maryland Army National Guard Recruiting andRetention Battalion Memos– Subject:  Request for Retention Incentives Contract start date correction, stating “Through no fault of their, own the Soldiers identified signed incentive contracts in good faith on the correct contract start date listed.  The contract were then not properly loaded into the GIMS system by the Specially Branch Recruiter at the time.  The inaction by the Specially Branch Recruiter resulted in no Retention incentives being processed for over a year (January 2016-April 2017).  ….  We ask the 
contract start date for current and valid contracts of identified Soldiers (29 September 2016 for the applicant) be corrected to the start date identified by the good faith contracts listed. 

e.Selected Reserve Special Pay Retention Bonus (RB) Program Agreement, dated18 October 2017, which shows Special Pay entitlement of $25,000 and an obligation of  2 years for service in specialty 65D (Physician’s Assistant) for the MDARNG. 

4.See applicable guidance under References below.

BOARD DISCUSSION: 

After reviewing the application and all supporting documents, applicable regulations, and the facts above, the Board found the relief is warranted consistent with the recommendation of the Maryland ARNG. 

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 to reflect his contract startdate of 29 September 2016, that the request was timely submitted and processed by the appropriate authority and that he is eligible for payment of the Selected ReserveSpecial Pay Retention Bonus (RB) $25,000 specialty pay. 

X

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.  Department of Defense (DOD) Finance Management Volume 7 Chapter 5 (Health Professions Officer (HPO) Special and Incentive Pay (IP)) states that the effective date of the IP agreement will be calculated from the date the member completes the qualifying training plus 3 months.  To be eligible for IP, an HPO must be:  
 
. serving in an Active Component or Reserve Component of the Army and entitled to basic pay 

. serving on active duty or in an active Reserve status in a designated health professional specialty 


 
2.  Title 37 U.S.C. 335 (Special Bonus Incentive Pay) states that the the Secretary of the Army may pay a health professions bonus under this section to 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 or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession.   
 
3.  DODI Number 6000.13, dated 30 December 2015, Subject:  Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs) states  
 
     a.  An HPO may be paid special pay at the rate for any specialty for which they are fully qualified. The specialty or subspecialty must be the same for all pays received.  
 
     b.  Amounts of each bonus or pay, by specialty, will be listed in the HPS&I pay plan.  
 
4.  Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO IP, dated 29 September 2017 provides that board certified Physician Assistants (65D) are entitled to retention bonus (RB) at $25,000.00 per year. 
 

 
//NOTHING FOLLOWS//