IN THE CASE OF: BOARD DATE: 7 October 2020 DOCKET NUMBER: AR20180006904 APPLICANT REQUESTS: requests correction of his Board Certification Pay (BCP) and Incentive Pay (IP) to reflect the date of 29 October 2015 to include back pay in accordance with Title 37, chapter 5, subchapter I, section 302a(5). The applicant requests an appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Physician Assistant Certification (PAC), dated 29 October 2015 * Special Pay (SP) Contract BCP, dated 25 January 2017 * SP Contract IP, dated 25 January 2017 * Leave and Earnings (LES) statement, dated from 1-28 February 2017 to 1-30 April 2017 * BCP/IP information FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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 requests that the effective date on his contracts for Physician Assistant Board Certification Pay (BCP) and Incentive Pay (IP) be corrected to reflect the date of his certification through the National Commission on Certification of Physician Assistants (NCCPA). The date of his certification as a Physician Assistant (PA) is 29 October 2015. The current effective date on the above contracts in 25 January 2017. The error was discovered when the 2017 Special Pay for Health Care provider MILPER was published. He further states that, after attaining certification as a PA, he reported immediately to a U.S. Army Health Clinic. At the time, he was under the impression that he was not eligible for special pay until completing his active duty service obligation (ADSO). There was no special pay coordinator at the clinic, so he had no advice on the matter and no contracts were generated. In January 2017, after nearly 15 months of medical practice, the specialty pay (SP) branch wrote his contracts and sent them to him for signature. The effective dates were the same as the date of signing. The SP branch advised him that this was correct and he would be entitled to back pay. The applicant received the first installment of BCP/IP in March 2017 in the amount of $2016.65 ($916.66 plus back pay for February 2017 and from 26-31 January 2017. The applicant did not receive BCP/IP from 30 October 2015 to 25 January 2017, the total of which is $13,658.23. The applicant requests that the Board see the attachments provided. The applicant requests and appearance before the Board. 3. The applicant provides: a. Physician Assistant Certification (PAC), dated 29 October 2015, that shows the applicant successfully completed the PA National Certifying Examination and was certified on 29 October 2015. b. Special Pay (SP) Contract BCP, dated 25 January 2017, that shows the request for BCP was approved on 25 January 2017. It also shows the board effective date for 25 January 2017 and Board Expiration date of 31 December 2017 for the NCCPA. His specialty was primary care physician assistant. c. SP Contract IP, dated 25 January 2017, that shows the request for IP was approved on 25 January 2017. It also shows license number 11XX7XX expires on 31 December 2017. His specialty was a primary care physician assistant. The applicant acknowledged that in consideration of his entering into this IP agreement, the Army agrees to pay IP at a rate of $5,000, a year, paid on a prorated monthly basis, and subject to the availability of funds, and applicable state and federal taxes for the life of this agreement. d. Leave and Earnings (LES) statement, dated from 1-28 February 2017 to 1-30 April 2017, that shows no BCP or IP were paid or recorded on the applicant’s LES. e. BCP/IP information, no date, that shows the BCP incentive pay received by the applicant and the special pay that the applicant did not receive. 4. A review of the applicant’s service record shows the following: a. He enlisted in the Regular Army on 16 July 1999. b. DA Form 71 (Oath), dated 25 February 2010, shows the applicant was commissioned as a Regular Army officer effective 25 February 2010 in the Armor branch. c. DA Form 71 (Oath), dated 29 July 2012, shows the applicant was commissioned as a Regular Army officer effective 29 July 2012. d. He was discharged from active duty on 24 February 2010 with an honorable character of service to accept commission or warrant in the Army. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 10 years, 7 months, and 9 days of active duty service. 5. 37 U.S Code (Pay and Allowances of Uniformed Services), chapter 5 (Special and Incentive Pays) subchapter 1 (Existing Special Pay, Incentive Pay, and Bonus Authorities) 302a(5) (Variable, Additional, and Board Certification Special Pay) states an officer who is entitled to variable special pay and under paragraph 2 or 3 and is board certified is entitled to additional special pay at the following rates: * $2,500 per year, if the officer has less than 10 years of creditable service * $3,500 per year, if the officer has at least ten but less than 12 years of service * $4,000 per year, if the officer has at least 12 but less than 14 years of service * $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service * $6,000 per year, if the officer has 18 years or more years of creditable service 6. AR 37-104-4 (Military Pay and Allowances Policy) chapter 5-5 (Board Certified Pay) states board certified pay begins upon receipt of proof that board certification was granted. 7. AR 37-104-4 (Military Pay and Allowances Policy) chapter 5-6 (Additional Special Pay) states additional special pay will be paid to medical or dental officers on the effective date of their agreement to remain on active duty for at least one additional year. 8. AR 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, DFAS (Defense Finance)-IN may make settlement actions affecting the military pay accounts of Soldiers. 9. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon regulatory guidance found in AR 37-104-4 (Military Pay and Allowances Policy) chapter 5-6 (Additional Special Pay), additional special pay will be paid to medical or dental officers on the effective date of their agreement, the Board concluded there was insufficient evidence of an error or injustice which would warrant a change to the applicant’s pay record. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. REFERENCES: 1. Title 37 U.S.C. 335 (Special Bonus Incentive Pay) states that 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. a. Title 37 United States Code 302g. provides that an officer of a reserve component of the armed forces described in subsection who executes a written agreement under which the officer agrees to serve in the Selected Reserve of an armed force for a period of not less than one year nor more than three years, beginning on the date the officer accepts the award of special pay under this section, may be paid special pay at an annual rate not to exceed $25,000. b. Eligible Officers.—An officer referred to in subsection (a) is an officer in a health care profession who is qualified in a specialty designated by regulations as a critically short wartime specialty. c. Time for Payment.—Special pay under this section shall be paid annually at the beginning of each twelve-month period for which the officer has agreed to serve. 2. 37 U.S Code (Pay and Allowances of Uniformed Services), chapter 5 (Special and Incentive Pays) subchapter 1 (Existing Special Pay, Incentive Pay, and Bonus Authorities) 302a(5) (Variable, Additional, and Board Certification Special Pay) states an officer who is entitled to variable special pay and under paragraph 2 or 3 and is board certified is entitled to additional special pay at the following rates: * $2,500 per year, if the officer has less than 10 years of creditable service * $3,500 per year, if the officer has at least ten but less than 12 years of service * $4,000 per year, if the officer has at least 12 but less than 14 years of service * $5,000 per year, if the officer has at least 14 but less than 18 years of creditable service * $6,000 per year, if the officer has 18 years or more years of creditable service 3. AR 37-104-4 (Military Pay and Allowances Policy) chapter 5-5 (Board Certified Pay) states board certified pay begins upon receipt of proof that board certification was granted. 4. AR 37-104-4 (Military Pay and Allowances Policy) chapter 5-6 (Additional Special Pay) states additional special pay will be paid to medical or dental officers on the effective date of their agreement to remain on active duty for at least one additional year. 5. AR 37-104-4 (Military Pay and Allowance Policy) paragraph 20-1 settlement actions authority, states that only the director, DFAS (Defense Finance)-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of AR 15-185. 6. AR 15-185, (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The application has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing a request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicant’s do not have a right to a hearing before the ABCMR. The Director of the ABCMR may grant a formal hearing whenever justice requires. 7. DOD 7000.14-R (Department of Defense Financial Management Regulation) states that if a member under a written agreement for a pay or benefit incurs an injury or illness, through no misconduct of the member, that precludes the member from fulfilling the service conditions specified in the written agreement and the member is separated, other than [for disability], for medical reasons as a result of an injury or illness then repayment of the unearned portion of the pay or benefit will not be sought, unless the Secretary of the Military Department concerned determines that repayment of the unearned portion is appropriate due to a personnel policy or management objective, equity or good conscience, or it is in the best interest of the United States. Department of Defense Financial Management Regulation 7000.14-R, Volume 7A, Chapter 2, Rule 3, Emphasis added. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006904 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1