ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 25 August 2020 
DOCKET NUMBER: AR20190002370

APPLICANT REQUESTS: correction of her entitlement to Health Professional 
Officers (HPO) Board Certification Pay (BCP).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	email correspondence between her unit, herself, and the Office of the Surgeon 
General (OTSG)
*	Board of Pharmacy certificate expiration date 30 June 2019 
FACTS:
1.	The applicant states:

   a.	She was Board Certified in Pharmacotherapy on 1 January 2017. A meeting 
was scheduled between the Department of Pharmacy and Tripler's Human 
Resources Division (HRD) to discuss a new contracting requirement in
February 2017.

   b.	At the meeting, the applicant was told she would be eligible for BCP starting 
on 1 January 2017 and she provided her documentation. She emailed her 
pharmacy license again in March 2017. She followed up in May 2017 to inquire as 
to the status and stated she would again like to complete the BCP contract.

   c.	In August, she was told the back pay would be processed on 15 August 2017. 
When nothing had been received, she contacted Tripler (HRD) in October 2017 and 
they reached out to the Army Medical Department (AMEDD) special pay branch.

   d.	AMEDD replied on 25 January that the HPO BCP and Pharmacy Officer 
Special Pay (POSP) would have to be realigned, but from the communication, 
Tripler HRD was either not aware or did not express this as a requirement 
throughout the 6 months to complete the contract.
   


2.	The applicant's available service records contain the following documents for the 
Board's consideration:

   a.	A DA Form 71 (Oath of Office Military Personnel), which shows the applicant 
took her oath of office as a Captain (CPT) in the Regular Army on 13 July 2011.

   b.	A certificate from Tripler Army Medical Center, which shows the applicant 
completed Pharmacy Residency from 3 August 2015 through 2 August 2016.

   c.	A certificate showing the applicant was a Board Certified Pharmacotherapy 
Specialist given on 31 December 2016.

d.	A memorandum for the Surgeon General, requesting POSP effective
27 June 2016. The applicant agreed to serve 2 years from the effective date. She 
would receive $15,000 annually. She and the approving official signed the 
memorandum on 28 June 2016.

   e.	A State of Montana Business Standards Division Board of Pharmacy 
certificate with an expiration date of 30 June 2017.

   f.	A memorandum for the Surgeon General, requesting HPO BCP effective 
1 October 2017 and expiring 31 December 2023. She would receive $6,000 
annually. She and the approving authority signed the form on 10 July 2017.

3.	The applicant provided the following documents for the Board's consideration:

   a.	An email from the applicant to Tripler personnel, dated 3 May 2017, wherein 
the applicant attached her board certification license for the HPO BCP.

   b.	An email from Tripler personnel, dated 11 October 2017, wherein the 
representative from Tripler told the applicant they were reaching out to OTSG to find 
out her status. She had been told the back pay would be placed in the batch for 
payment on 15 August.

   c.	An email from OTSG, dated 25 January 2018, which states the applicant 
would have been eligible for HPO BCP as of 1 January 2017. The HPO BCP could 
only be effective as of 1 October 2017 if she realigned her POSP. She could submit 
an HPO BCP request for receipt from 1 January 2017 through 30 September 2017 
through the Board. OTSG could not authorize any requests for fund from the 
previous fiscal year.

   d.	A State of Montana Business Standards Division Board of Pharmacy 
certificate with an expiration date of 30 June 2019.
   


4.	In the processing of this case, an advisory opinion was obtained on
26 June 2020, from the Chief, AMEDD Special Pay Branch, OTSG. The advisory 
official noted based on the pay plan policies, since the applicant did not realign the 
POSP to the HPO, she was not eligible for the HPO BCP until 1 October 2017 and 
she executed the agreement properly for that date. The applicant should have been 
eligible for the Non-Physician Board Certification Pay at $2,000 per year prior to 
executing the HPO BCP agreement. This nine month period of eligibility,
1 January 2017 through 30 September 2017 equates to approximately $1,500 prior 
to any withholding. A copy of the complete advisory opinion has been provided to 
the Board for their review and consideration.

5.	The applicant was provided a copy of this advisory opinion on 20 June 2020, to 
provide her an opportunity to comment and/or submit a rebuttal. She did not 
respond.

6.	See below for applicable references.

BOARD DISCUSSION:

The Board carefully considered the complete evidentiary record, including the 
applicant’s statement, supporting documents, and the OTSG Advisory Opinion and 
found sufficient evidence to grant relief. The Board agreed that the applicant met all 
the criteria for award of HPO BCP from 1 January 2017 through 30 September 2017. 
Therefore, the board determined that full 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 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 by:



1.	showing that the applicant timely executed and submitted her HPOIP request 
contract effective 1 January 2017, that her Personnel Office duly processed her 
request in a timely manner, and

2.	paying her any HPO BCP due,


10/26/2020

X	
 
CHAIRPERSON
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.	The Assistant Secretary of Defense, Health Affairs, Memorandum, Subject: HPO 
IP, dated 29 September 2017 provides that a board certified Pharmacist is entitled to 
IP of $6,000.00 prorated monthly

3.	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.

//NOTHING FOLLOWS//