IN THE CASE OF: BOARD DATE: 24 September 2020 DOCKET NUMBER: AR20190014417 APPLICANT REQUESTS: correction of her record to show as a board certified Obstetrics and Gynecology (OB/GYN) physician, she is entitled to backpay during the period 21 March 2017 to 30 September 2017 for: * Retention Bonus (RB) * Board Certification Pay (BCP) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Exception to Policy (ETP) for the applicant, dated 21 February 2019 * Leave and Earnings Statements (LES) ending 31 May 2019 and 31 July 2019 FACTS: 1. The applicant states due to confusion with implementation of the new physician bonus plan, there was significant confusion and delay in paperwork and processing. The U.S. Army Human Resources Command corrected this issue in July 2019 but this correction did not cover the period 21 March – 30 September 2017. 2. A review of the applicant's official records shows the following: a. On 1 June 2008, the Doctor of Osteopathic Medicine degree was conferred upon the applicant. b. On 8 June 2008, the applicant was appointed as a Regular Army commissioned officer in the Medical Corps and executed an oath of office. c. On 12 June 2013, the applicant requested and was approved for Medical Additional Specialty Pay (MASP) for the one-year period beginning on 1 July 2013, in the amount of $15,000.00. d. From 10 July 2009 – 9 July 2013, the applicant attended and completed OB/GYN residency training. e. On 8 August 2013, the applicant requested and was approved for Incentive Special Pay (ISP) for the one-year period beginning on 1 October 2013 in the amount of $31,000.00. f. On 4 April 2014, the applicant requested and was approved for MASP for the one- year period beginning on 1 July 2014, in the amount of $15,000.00. g. On 22 July 2014, the applicant requested and was approved for ISP for the one- year period beginning on 1 October 2014 in the amount of $31,000.00. h. On 15 January 2016, the applicant requested and was approved for MASP for the one-year period beginning on 1 July 2016, in the amount of $15,000.00. i. On 21 March 2017, the applicant requested and was approved for ISP for the one- year period beginning on 21 March 2017 in the amount of $54,000.00 prorated on a monthly basis. j. On 19 February 2019, the applicant requested and was approved for BCP for the period 1 October 2017 – 31 December 2021 in the amount of $6,000.00 per year, paid on a monthly basis. k. On 19 March 2019, the applicant requested and was approved for a RB for a 4-year period, with a service obligation beginning on 21 March 2018, at a rate of $35,000.00 annually. l. The applicant was board certified OB/GYN physician effective 10 October 2015 – 31 October 2021. 3. The applicant provides: a. Memorandum, Subject: ETP for the applicant that states: (1) The applicant signed a 4-year Health Professions Officer (HPO) IP on 31 March 2017 [sic] at Fort Irwin, CA. At this time, the Medical Corps was transitioning to a new payout system for bonuses. Due to the confusion during this transition, she and the S-1 personnel were unaware that new contracts also had to be generated and signed for a 4 year concurrent OB/GYN HPO RB ($35,000.00 annually) and also for HPO BCP ($6,000.00 annually). Had this information been disseminated and made aware to the facility in a timely and less confusing manner, the appropriate paperwork for HPO IP, HPO RB and board specialty pay would have all been simultaneously completed on 31 March 2017. (2) Despite the ongoing confusion with special pay contracts, verification of appropriate bonus pay was not part of in or out-processing during a summer 2017 permanent change of station move. She was unable to independently verify the SAVE pay was incorrect by checking her LES statements. She returned from a six-month deployment on 19 February 2019, in-processed back into her home station, and at that time, asked the Medical Activity, S-1 personnel if the SAVE pay was correctly calculated only to discover that the two above contracts had never been completed. b. LES showing save pay payments in the amounts of $14,500.00 in May 2019 and $5,000.00 in July 2019. 4. On 13 August 2020, the Office of the Surgeon General reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Army Medical Department Special Pay Branch opined that: a. There is no action required on the HPO IP. All agreements are valid. b. The applicant should have executed the HPO BCP at $6,000.00/year effective 21 March 2017 versus 1 October 2017, coinciding with the HPO IP agreement since both are authorized special pays. She would be authorized arrears for the retroactive period 21 March 2017-30 September 2017 totaling approximately $3,666.00 prior to any adjustments or withholding. The exact arrears payment would be determined by the Defense Finance and Accounting Service–IN. c. Although the applicant may have been eligible to execute her first multi-year HPO RB effective 21 March 2017, there is no Army pay plan requirement to execute the HPO RB as requested in her petition, and there is no ETP for a concurrent HPO RB obligation when an existing training obligation is being served. The HPO RB is an additional active duty contractual obligation to be chosen by the officer when they meet all eligibility criteria. 5. On 8 September 2020, the applicant responded to the advisory opinion providing no further rebuttal. However, she also provided a letter from the American Osteopathic Board of OB/GYN showing she passed her oral board that was administered on 9-10 October 2015. 6. See applicable references below. ? BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board concurred with the findings of the advisory official that there is no error in the record requiring Board action as it relates to HPO RB and that the applicant should have received HPO BCP for the period 21 March 2017 through 30 September 2017. The Board determined the applicant's record should be corrected to show she submitted a timely application for HPO BCP on or about 21 March 2017 and that the application was approved. Based on this correction she should be paid any retroactive HPO BCP she is due. 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 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 by showing she submitted a timely application for HPO BCP on or about 21 March 2017 and that the application was approved. Based on this correction she should be paid any retroactive HPO BCP she is 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. Title 37, United States Code (USC), section 335 states the Secretary concerned may pay a health professions bonus under this section to a person, including 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. The member agrees to remain on active duty or continue serving in an active status in a Reserve Component in a health profession. a. The Secretary concerned may pay BCP under this section 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; is board certified in a designated health profession specialty or skill; and is serving on active duty or in an active status in such designated health profession specialty or skill. b. A health professions bonus may not exceed $75,000.00 for each 12-month period of obligated service agreed to. c. A health professions bonus under subsection (a) may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned. BCP under subsection (c) may be paid monthly, in a lump sum at the beginning of the certification period, or in periodic installments during the certification period, as determined by the Secretary concerned. d. 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, period of obligated service, whether the service will be performed on active duty or in an active status in a Reserve Component, and the type or conditions of service. 2. Army Active Component Health Professions Officer Special and Incentive Pay Plan effective 1 January 2017 states: a. Board Certification Pay is authorized at a rate of $6,000.00 per year and is paid on a prorated monthly basis. All active component and Active Guard Reserve must execute a written BCP agreement with a copy of the board certificate or copy of the board letter of notification of certification, and a copy of their current, valid, unrestricted license. b. Retention Bonus. Any active duty obligation for education and training incurred on Active Duty, and previous multi-year pay or retention bonus agreements, shall be served before serving new retention bonus active duty obligation (consecutive obligation). When no new education and training active duty obligation exists at the time of a retention bonus agreement execution, the retention bonus active duty obligation shall be served concurrently with the retention bonus agreement period, and all non-education and training active duty obligations. Obstetrics and Gynecology retention bonus at the 4 year rate (paid annually) is $35,000. 3. Title 10, USC, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014417 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1