IN THE CASE OF: BOARD DATE: 14 July 2022 DOCKET NUMBER: AR20210014571 APPLICANT REQUESTS: entitlement to payment of Incentive Pay (IP) at the "with Retention Bonus (RB)" rate. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2142 (Pay Inquiry) * Memorandum – Subject: Health Professions Officer (HPO) Special and Incentive Pay (IP) Plan, dated 29 September 2017 * Alabama Board of Examiners in Psychology License, dated 27 February 2019 * Memorandum – Subject: Request for Critical Skills Retention Bonus (CSRB) for Army Licensed Clinical Psychologist in the Active Component, dated 24 September 2007 * Memorandum – Subject: Request for Health Professions Officer (HPO) Combined Incentive Pay (IP) and Retention Bonus, dated 20 December 2012 * Memorandum – Subject: Request for HPO RB, dated 1 September 2015 * Table of Incentive Pay Shortfalls * Email communication * DA Form 1559 (Inspector General Action Request) dated 25 October 2018 * Email communication FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in pertinent part that she should have been entitled to receipt of IP based upon the "with RB" rate. She noted this discrepancy within her pay back in July 2018 while researching her eligibility for Board Certification Pay; she has since submitted inquiries with the Office of the Surgeon General (OTSG), the finance office and several other support agencies. She concludes that she should have been eligible for IP calculated based on the "with RB" rate for every year since 2009 (except 2011 and 2012) to 2019. 3. A review of the applicant's available service records reflects the following: a. On 15 December 1983, the applicant was appointed as a commissioned officer in the Regular Army within the Military Police Corps. b. On 23 June 1987, the applicant was released from active duty and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). c. On 10 May 1995, the U.S. Total Army Personnel Command issued Orders Number A-05-003512 ordering the applicant to active duty with a reporting date of 10 June 1995. d. On 10 June 1995 the applicant entered active duty to serve within the Medical Service Corps in area of concentration 73B (Clinical Psychologist). e. On 24 September 2007, the applicant requested and was approved for a CSRB ($25,000.00 lump sum payment) with a 3-year service obligation, effective 1 November 2007. f. On 20 December 2012, the applicant requested and was approved for HPO IP ($5,000.00 per year) with a 3-year service obligation, effective 1 October 2012. The applicant also completed an HPO IP and RB document reflective of her request for entitlement to a RB of $15,000.00 to be paid in equal amounts over the course of 3- years (new agreement amount $20,000.00). g. On 1 September 2015, the applicant requested and was approved for HPO RB with entitlement to a $20,000.00 RB with a 4-year service obligation, effective 1 October 2015. h. On 30 September 2019, the applicant was released from active duty and transferred into the USAR Control Group (Retired). 4. The applicant provides: a. DA Form 2142 reflective of the applicant's request for an inquiry concerning her Incentive Pay. b. Memorandum – Subject: HPO IP Plan, dated 29 September 2017, reflective of changes to the HPO IP that went into effect on 1 October 2017. The pay plan rates contained within pertained to both active and reserve components HPO. All remaining officers not already under a Consolidated Special Pay (CSP) contract in Fiscal year (FY) 2018 would transition into the Legacy Special Pay to CSP by 28 January 2018. c. Alabama Board of Examiners in Psychology License, dated 27 February 2019, reflective of their verification of the applicant's license as a Psychologist with a renewal date of 15 October 2019. d. Memorandum – Subject: Request for HPO Combined IP and RB, dated 20 December 2012, reflective of the applicant's request for IP and RB for $15,000.00 with a 3-year service obligation. e. Table of Incentive Pay Shortfalls reflective of the applicant's calculations related to her IP entitlement. The applicant notes a "$10,000.00" decrement, per year from 2009 – 2019, totaling $110,000.00. f. Email communication reflective of the Office of the Surgeon General Special Pay office advising the Medical Command – Europe that according to the Special Pay (SP) module, the only active SP for the applicant is the 4-year HPO RB agreement at $20,000/year, effective 1 October 2015 through 30 September 2019. The applicant's HPO IP indefinite agreement at $5,000.00/year stopped for no reason on 30 June 2017; notification was provided to the Defense Finance Accounting Services (DFAS) to restart this pay retroactively. However, there was no record of the applicant being in receipt of HPO Board Certification Pay (BCP) since 1 October 2009; retroactive pay could only be initiated effective 1 October 2017 – retroactive payment beyond this would have to be directed by the ABCMR. g. DA Form 1559, dated 25 October 2018, reflective of the applicant's request for assistance with obtaining back pay for BCP ($54,000.00). h. Email communication reflective of communication concerning the applicant's entitlement to BCP; redirected to the ABCMR for assistance. 5. On 24 November 2021, the Chief, Special Pay Branch, Army Medical Department, Office of the Surgeon General, provided an advisory opinion citing that upon review of the supporting documentation, and available personnel, special pay and finance data indicates that the applicant entered into a $5,000.00/year Clinical Psychology HPO IP agreement. Per the policy in effect at the time of agreement (2012), this was the correct rate. The $5,000.00/year HPO IP incentive was paid continuously when the applicant entered into additional RB agreements as well as when only receiving the Incentive Pay. Therefore, they determined that the applicant received the HPO IP rate for the requested years at the fully qualified rate. The applicant has been paid all monies to entitled per the signed agreements and is not entitled to or owed any additional payments. 6. On 9 December 2021, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. 7. On 20 December 2021, the applicant responded citing that she has reviewed her records for the period in question and was unable to find evidence of payment. She therefore requested that Defense Finance Accounting Services or OTSG provide documentation of payment. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found insufficient evidence to support a conclusion that the applicant did not receive incentive pay to which she was entitled, noting that a thorough review of her pay records revealed no unpaid entitlements. Based on a preponderance of the evidence, the Board determined there is no error in the amount of incentive pay the applicant received. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 37 USC, section 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 $100,000.00 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. Health Professions Officer (HPO) Special and Incentive Pay (IP)) dated 29 September 2017, provides the Secretary concerned may pay a Retention Bonus (RB) to HPOs based on their clinical specialty or subspecialty regardless of their ability to spend appropriate time in a clinical setting. Medical Corps Officers serving as 73B (Psychiatrist) are eligible for receipt of IP/RB in the amount of $5,000.00 (with and without RB) per year. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210014571 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1