BOARD DATE: 25 Nov 2020 DOCKET NUMBER: AR20190001432 APPLICANT REQUESTS: Retroactive payment for the Health Professions Officer Incentive Pay at $43,000/year from 1 October 2017 to 1 October 2018 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate reflecting completion of Internal Medicine Internship at Tripler Army Medical Center, dated June 30, 2015 * Professional and Vocational Licensing Search of Department of Commerce and Consumer Affairs, dated 1 February 2016 * Certificate reflecting completion of Internal Medicine Residency at Tripler Army Medical Center, dated June 30, 2017 * Letter from Lead Graduate Medical Education (GME) Coordinator at Tripler Army Medical Center, Tripler AMC, Hawaii, dated 30 June 2017 * Email Correspondence from HQDA, Office of The Surgeon General (OTSG) to applicant, dated 7 January 2019 * Officer Record Brief, dated 8 January 2019 FACTS: 1. The applicant states he did not receive the Health Professions Officer Incentive Pay (HPO IP) from the year 2017-2018. He graduated from Internal Medicine Residency at Tripler Army Medical Center on 30 June 2017 and signed what he thought was the HPO-IP contract. After realizing that many of his colleagues were not receiving commensurate pay or appropriate compensation, he discovered he did not sign the HPOIP contract. From 2017 through 2018, he worked as a Gastroenterology Fellow at Walter Reed, and he feels he is entitled to the appropriate pay for that time period. 2. A review of the applicant’s service record shows the following on: a. 9 June 2010 he was appointed as a Reserve Commissioned Officer and executed an oath of office. He was commissioned as a Second Lieutenant (2LT)/O-1 in the Medical Service Corps. b. 22 November 2013 a computation of entry grade and date of rank was initiated and reflected his qualification for Captain (CPT)/O-3. c. 17 May 2014 – he graduated from Uniformed Services, University of the Health Sciences with a Degree: (Doctor of Medicine). d. 18 April 2017 – A Memorandum for Surgeon General of the Army, Army Medical Department Special Pay Branch, Subject: Request for Health Professions Officer (HPO) Incentive Pay (IP), signed by the applicant reflects he: * must have one year of active duty to activate the agreement * must be credentialed * is approved with the IP agreement of $8,000 a year * is to be paid on a prorated monthly basis * is subject to the availability of funds * will have his previous IP stopped * will have overlapping payment adjusted and recouped as necessary * agreed the period of continuous active duty would be effective on 1 January 2017 e. 15 October 2018 – received a certificate from The American Board of Internal Medicine where he met the requirements for Internal Medicine. f. 16 October 2018 – received a congratulatory letter from The American Board of Internal Medicine indicating his certificate was on the way. g. 20 December 2018 – a Memorandum for The Surgeon General of the Army, Army Medical Department Special Pay Branch, Subject: Request for HPOIP, signed by the applicant states he: * must have one year retainability on active duty to activate the agreement * must be credentialed * must be practicing at a facility designated by the Army, in the specialty for which the IP is being paid during the agreement period * has specialty and AOC: Internal Medicine – General Internal Medicine * must maintain a current, valid, unrestricted license or approved Army waiver * agreed the period of continuous active duty would be effective on 1 October 2018 * is approved with the IP agreement of $43,000 a year * will be paid on a prorated monthly basis * is subject to the availability of funds * will have previous IP stopped * will have overlapping payment adjusted and recouped as necessary 3. Defense Finance and Account Service states how the applicant’s January 2017 to September 2018 Leave and Earnings statements reflect $666.66 HPOIP. 4. The applicant provides: a. Certificate reflecting completion of Internal Medicine Internship at Tripler Army Medical Center. b. Professional and Vocational Licensing Search of Department of Commerce and Consumer Affairs reflecting the applicant is licensed. c. Certificate reflecting completion of Internal Medicine Residency at Tripler Army Medical Center d. A letter from Lead Graduate Medical Education (GME) Coordinator at Tripler Army Medical Center, Tripler AMC, Hawaii, certifying he successfully completed an internship and residency at Tripler Army Medical Center. e. Email Correspondence from HQDA, OTSG to the applicant that provides guidance on how to submit a request to the Army Board for Correction of Military Records either electronically or by mail to determine the status of his Incentive Pay. f. Officer Record Brief which reflects his functional category as Army Medical Branch, Medical Corps Branch and overview of his career and assignment after his Internal Medicine Residency at Tripler Army Medical Center on June 2017. 5. In the processing of this case, an advisory opinion, dated 29 June 2020, was received from the Chief, Army Medical Special Pay Branch, Office of the Surgeon General. The applicant was eligible for the HPO-IP at $43,000/year after graduation from their Internal Medicine Residency and before executing the Gastroenterology HPO IP agreement. Since the applicant was receiving the Residency rate HPO-IP at $8,000/year, he is eligible for the difference of the agreements for the one-year overlapping period 1 October 2017 to 30 September 2018, or approximately $35,000. The exact arrears payment would be determined by DFAS–IN. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. The applicant was provided with a copy of the advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He concurred with the findings in the memo written by the OTSG. 7. See references below. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered applicant’s request, the military records, an advisory opinion, and regulatory guidance. The Board considered the applicant’s statement, documents provided by the applicant and the review and conclusion of the advisory findings. The Board concurred with the OTSG advisory opinion that the applicant met the requirements and was eligible to receive HPO IP at $43,000/year. The applicant received an HPO IP at $8,000/year, the applicant is eligible for the difference of the agreements for the one-year overlapping period 1 October 2017 to 30 September 2018, or approximately $35,000. The Board determined there is sufficient evidence to grant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 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 the applicant is authorized payment of Health Professions Officer Incentive Pay (HPO IP) from the year 2017-2018. The applicant was receiving the Residency rate HPO-IP at $8,000/year, he is eligible for the difference of the agreements for the one- year overlapping period 1 October 2017 to 30 September 2018, or approximately $35,000. Recommend DFAS–IN determined exact payment amount due. 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 Instruction (DoDI) 6000.13, currently in effect, states special pays for officer in a health profession are additional to any other pay or allowance to which the officer is entitled. To be eligible, an officer must sign an agreement that specifies the amount of the bonus and method of payment, as well as the period of obligated service for the pay. The participant must have a current, valid, and unrestricted license, and must maintain all licensing, credentialing, specialty qualifications, and privilege requirements. The special pay may be terminated if the officer fails to fulfill the conditions of the agreement, or by the Secretary concerned for reasons such as a loss of privileges, Court-martial conviction, or failure to maintain a current, unrestricted license. 2. Title 37 U.S.C. 335 (Special Bonus Incentive Pay) states 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. To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies, the amount of the bonus; the method of payment of the bonus under subsection (e)(2) (lump sum or installments); the period of obligated service; whether the service will be performed on active duty in an active status in or in a Reserve Component. 3. Army Active Component Health Professions Officer Special and Incentive Pay Plan effective 1 January 2017 states: They must have one-year retainability on active duty beginning on the effective date. HPO Incentive Pay (IP) eligibility includes executing an IP written agreement, must be credentialed, privileged, and practicing a minimum of 40 hours/year at a facility designated by the Army, in the specialty for with the IP is being paid, and must possess a current, valid unrestricted license. The effective date of the IP agreement is the latter date of meeting all of the following: 1) no earlier than upon completion of qualifying training plus 3-months and 2) date of privileging and licensure as a Health Care Profession. HPOIP for an Internist, MOS 61F is $43,000 at the fully qualified IP only 1-year rate (prorated monthly). //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190001432 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1