IN THE CASE OF: BOARD DATE: 3 November 2020 DOCKET NUMBER: AR20200000124 APPLICANT REQUESTS: Correction of his record to show he was paid Health Professions Officers Incentive Pay (HPOIP) for the period 30 September 2017 – 15 July 2019. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence * Credentialing packets * Physician license * Internal medicine board certification FACTS: 1. The applicant states he is requesting review and consideration of pay for HPOIP for the period not covered between the end of his HPOIP on 30 September 2017 and 15 July 2019. He was a full time, licensed, and credentialed internal medicine physician during advanced training in fellowship for cardiovascular medicine. As of 1 October 2017, he was authorized the HPOIP in the amount of $43,000.00, per year, prorated monthly which was not paid to him. He has attached copies of his license and credentialing packets from that time. He was advised from pay specialists that the HPOIP system underwent significant revisions between 2016 and 2017 with his signed HPOIP not entering into an automatic roll-over phase. He practiced as a full time, licensed, and credentialed internal medicine physician while on active duty at the Walter Reed National Military Medical Center. His original HPOIP was not automatically renewed after 30 September 2017 until his end date of 15 July 2019 due to changing of the HPOIP tracking system and he requests lost HPOIP pay. 2. A review of the applicant's official records shows the following: a. On 19 May 2013: (1) The Medical Doctor degree was conferred upon the applicant. (2) The applicant was appointed as a Regular Army commissioned officer and executed an oath of office. b. From 1 July 2013 – 30 June 2016, the applicant attended and completed residency training in internal medicine. c. On 8 September 2016, the applicant requested and was approved for HPOIP for the one-year period beginning on 1 October 2016, in the amount of $20,000.00. d. The applicant's records are void of any other HPOIP requests. e. The applicant remains on active duty. 3. The applicant provides: a. Email correspondence wherein the applicant corresponds with a unit retirements and special pay official pertaining to his HPOIP, and he was advised to petition the Board for the missing HPOIP. b. Credentialing packets showing the applicant was practicing at Walter Reed National Military Medical Center as in internal medicine physician and at the time he was not paid HPOIP for the period requested. c. Physician license showing the applicant had a current unrestricted license to practice medicine. d. American Board of Internal Medicine certification showing the applicant passed the certification examination on 15 October 2016. 4. On 4 September 2020, the Office of the Surgeon General reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Army Medical Department Special Pay Branch opined in pertinent part, the applicant would have been eligible to receive the HPOIP at $43,000.00/year as an Internist effective 1 October 2017 – 30 September 2019, before executing the Cardiologist HPOIP agreement effective 1 October 2019. During the period 1 October 2017 – 27 January 2018 (117 days), he was in receipt of the Variable Specialty Pay (VSP) at $5,000.00/year and Board Certification Pay (BCP) at $2,500.00/year; both special pays were consumed within the new HPOIP authority. In turn, collection of the VSP and BCP totaling approximately $2,438.00 would need to be subtracted from the HPOIP projected amount of $86,000.00; prior to any withholding adjustments. The exact payment of arrears would be determined by the Defense Finance and Accounting Service–IN. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 6. See applicable reference below. 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 partial relief. The Board agreed with the OTSG advisory opinion that the applicant met all the criteria for award of HPOIP beginning on 1 October 2017 through 30 September 2019 and that the applicant was paid 117 days’ worth of VSP and BCP for the period 1 October 2017 to 27 January 2018, which should be subtracted from the HPOIP. Therefore, the board determined that partial relief was warranted. ? 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: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. 2. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing that the applicant timely executed and submitted his HPOIP request contract effective 1 October 2017 through 30 September 2019, that the request was duly processed in a timely manner, and b. paying him any HPOIP due, subject to DFAS review and minus any VSP and BCP previously paid. 3. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of the applicant’s request for HPOIP for 30 September 2017 to 15 July 2019 and in addition to his VSP and BCP already received. 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. Memorandum, Subject: Health Professions Officer Special and Incentive Pay Plan, dated 29 September 2017, effective 1 October 2017 states a board certified internal medicine physician is authorized HPOIP in the amount of $43,000.00 annual rate prorated monthly. 2. Title 37 United States Code (USC), section 335 (Special bonus and incentive pay authorities for officers in health professions) 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, 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 as an officer whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty. A health professions bonus paid under paragraph (2) of subsection (a) may not exceed $100,000.00 for each 12-month period of obligated service agreed to with a written agreement indicating: * the amount of the bonus * method of payment of the bonus * the period of obligated service * whether the service will be performed on active duty or in an active status in a Reserve Component //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000124 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1