ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 31 October 2019 DOCKET NUMBER: AR20190001215 APPLICANT REQUESTS: entitlement to Health Professions Officer (HPO) Incentive Pay (IP) in the amount of $20,000 for the 2017-2018 fiscal year (1 October 2017-30 September 2018) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Order# 072-04 * Leave and Earnings Statements * Application for Clinical Privileges/Medical Staff Appointment * Memorandum for the Surgeon General of the Army – Request for Health Professions Officer Incentive Pay * Virginia Department of Health Professions License FACTS: 1. The applicant states: a. that he was assigned as a Field Surgeon in September of 2017. He followed all applicable guidance as it related to his oath of office and position;however, he was never informed that he needed to also sign and submit an incentive pay contract through the special pay office of Tripler Army Medical Center (TAMC). As a result, he was not aware of his eligibility for HPO IP based on his specialty. He has and continues to maintain all applicable special incentive pay requirements. b. he discovered the error in his record when a new medical provider mentioned she was going to sign her contract for special pay. He realized that he probably should do the same had he known of the opportunity. He believes the record as it stands is unjust due to the fact that other medical providers in his current position did receive the pay according to regulation while he did not. 2. The applicant provides the following documents * Order# 072-04 dated 13 March 2017 – reflective of his assignment as a Field Surgeon; Area of Concentration (AOC) 62B on 25 September 2017 * Leave and Earnings Statements dated November 2018 – reflective of his pay and entitlements; void of any incentive pay entitlements * Leave and Earnings Statements dated October 2018 – reflective of his pay and entitlements; void of any incentive pay entitlements * Leave and Earnings Statements dated September 2018 – reflective of his pay and entitlements; void of any incentive pay entitlements * Application for Clinical Privileges/Medical Staff Appointment dated 30 October 2017 – reflective of him being granted authorization to serve as a privileged provider (General Practitioner) at TAMC from 30 October 2017 through 29 October 2018 * Application for Clinical Privileges/Medical Staff Appointment dated 10 October 2018 – reflective of him being granted authorization to serve as a privileged provider (General Practitioner) at TAMC from 10 October 2018 through 9 October 2020 * Memorandum for the Surgeon General of the Army – Request for Health Professions Officer Incentive Pay dated 11 December 2018 – reflective of his IP agreement at a rate of $20,000 per year effective 1 October 2018 * Virginia Department of Health Professions License document – reflective of his medical license being currently active; initial license date of 28 August 2017 3. A review of the applicant’s available service record reflects the following on: * 13 February 2013 – he elected to receive the Health Professions Scholarship Program Accession Bonus in the amount of $20,000 * 18 June 2013 – he was appointed as a commissioned officer in the Army Reserve at the rank of Second Lieutenant * 10 June 2016 – he was commissioned in the Regular Army at the rank of Captain * 21 August 2017 – he completed his residency/internship training * 25 September 2017 – he was assigned to TAMC * 11 December 2018 – he submitted his request for IP entitlement at a rate of $20,000 a year; paid on a prorated monthly basis,effective 1 October 2018 4. 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 5. The Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO IP, dated 29 September 2017 provides that board certified General Medical Officers are entitled to IP of $20,000.00 prorated monthly 6. 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. The Secretary of the Army may pay Health Professions Incentive Pay 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. Health Professions bonus paid may not exceed $100,000 for each 12-month period of obligated service. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and incentive pay policies. The Board considered the applicant’s statement, the Clinical Privileges/Medical Staff Appointment dated 30 October 2017 he provided, his Incentive Pay for the period beginning on 1 October 2018 and the policy applicable to incentive pay for board certified General Medical Officers. Based on a preponderance of evidence, the Board determined that the absence of the applicant’s request for Incentive Pay beginning 1 October 2017 represented an injustice. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X 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 show- -The applicant submitted a request IP entitlement at a rate of $20,000 a year; paid on a prorated monthly basis, effective 1 October 2017; -the applicant’s request was accepted and processed by the appropriate authority, and; - the applicant was paid any Incentive Pay he was entitled to receive. 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. ADMINISTRATIVE NOTE(S): N/A 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 AC or RC of the Army and entitled to basic pay * serving on AD or in an active Reserve status in a designated health professional specialty 2. The Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO IP, dated 29 September 2017 provides that board certified General Medical Officers are entitled to IP of $20,000.00 prorated monthly 3. 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. The Secretary of the Army may pay Health Professions Incentive Pay 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. Health Professions bonus paid may not exceed $100,000 for each 12-month period of obligated service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001215 5 1