IN THE CASE OF: BOARD DATE: 9 September 2022 DOCKET NUMBER: AR20210017479 APPLICANT REQUESTS: * retroactive entitlement to Health Professions Officer (HPO) Board Certification Pay (BCP) at a rate of $6,000.00/year effective 26 March 2021 * retroactive entitlement to HPO Incentive Pay (IP) effective 26 February 2021 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Medical Center of Excellence Diploma, dated 29 January 2021 * National Commission on Certification of Physician Assistants (NCCPA) Certification Excellence letter, dated 2 April 2021 * DA Form 4187 (Personnel Action), dated 19 July 2021 * Memorandum – Subject: Assumption of Command, dated 22 October 2021 * Memorandum – Subject: Request for HPO BCP, dated 29 October 2021 FACTS: 1. The applicant states in pertinent part that he began receiving HPO BCP and HPO IP effective 1 October 2021. However, his entitlement to HPO IP should have been established effective 26 February 2021, the day that he graduated from the Interservice Physician Assistant Program (IPAP) and was commissioned. Further, his entitlement to HPO BCP should have been established on 26 March 2021, the day that he passed the National Certification Exam. He contests that as a Physician Assistant, he should receive HPO IP at a rate of $5,000.00/year and HPO BCP at a rate of $6,000.00/year based upon his eligibility date. His local finance office and training institution's inability to process back payment of his entitlements should not result in his loss of entitlement to special pay. By his calculations, he is due approximately $2,961.33 worth of HPO IP and $3,096.77 worth of HPO BCP. 2. A review of the applicant's available service records reflects the following: a. On 12 November 2020, the U.S. Army Human Resources Command (HRC) issued Orders Number 1120-317-SG12-6 appointing the applicant a commission in the Regular Army Medical Specialist Corps at the rank/grade of first lieutenant (1LT) as a 65D (Physician Assistant). b. On 26 February 2021, the applicant completed the Interservice Physician Assistant Program (IPAP). c. On 7 May 2021, the applicant completed the Basic Officer Leader Course. 3. The applicant provides the following a: a. U.S. Army Medical Center of Excellence Diploma dated 29 January 2021, reflective of the applicant's completion of the IPAP. b. NCCPA Certification Excellence letter dated 2 April 2021, reflective of the NCCPA verifying the applicant's certification as a Physician Assistant (PA) with an initial certification date of 26 March 2021. c. DA Form 4187 dated 19 July 2021, reflective of the applicant's request for entitlement to HPO BCP in the amount of $6,000.00/year, effective 26 March 2021. d. DA Form 4187 dated 19 July 2021, reflective of the applicant's request for entitlement to special pay as a fully qualified PA in the amount of $5,000.00/year, effective 26 February 2021. e. Memorandum – Subject: Assumption of Command dated 22 October 2021, reflective of Colonel serving as the acting commander for Tripler Army Medical Center from 1-5 November 2021. f. Memorandum – Subject: Request for HPO BCP dated 29 October 2021, reflective of the applicants request and subsequent approval of his entitlement to HPO BCP at a rate of $6,000.00/year on 1 November 2021 with an effective date of 1 October 2021. 4. On 23 July 2022, the Office of the Surgeon General, Chief Army Medical Department Special Pay Branch provided an advisory opinion citing that the applicant was ineligible for the HPOIP effective 26 February 2021 because the required board certification was not received until 26 March 2021. Further the applicant was not privileged to practice until 5 August 2021. However, the applicant's HPO BCP certification eligibility was 26 March 2021. He was eligible for the HPO BCP at a rate of $6,000.00/year for the period 26 March 2021 – 30 September 2021. The applicant is authorized approximately $3,066.66. The exact arrears payment will be determined by the Defense Finance Accounting Services (DFAS). Per the HPO IP requirements, the applicant graduated from the mandatory training on 29 January 2021 and was privileged to practice effective 5 August 2021. Per the established HPO IP agreement, the effective date is the latter date of meeting the following: no earlier than upon completion of qualifying training and date of privileging as a Health Care Professional. As such, the effective date is 5 August 2021 with an HPO IP rate of $5,000.00/year, the total the applicant is eligible to receive is $763.88. The exact arrears payment will be determined by the Defense Finance and Accounting Service. 5. On 29 July 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 7 September 2022, the applicant had not responded. 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 applicant's contentions, the military record, an advisory opinion, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board concurred with the advising official’s findings and recommendation. The Board determined there is sufficient evidence to correct the record to show he is eligible for the HPO BCP effective 26 March 2021, and the HPO IP effective 5 August 2021. 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 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 he timely submitted a request for HPO BCP with an effective date of 26 March 2021 to 30 September 2021, and HPO IP effective 5 August 2021 to 30 September 2021, and providing him with back pay because of this correction based upon DFAS’s exact total for arrears. 2. 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 so much of the application that pertains to any further relief. 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. The Assistant Secretary of Defense Memorandum, Subject: HPO Special and IP for Fiscal Year (FY) 2021 provides that Medical Specialty Corps Officers serving as fully qualified Physician Assistants are entitled to Board Certification Pay at a rate of $6,000.00/year and Incentive Pay at a rate of $5,000.00/year. Active Component HPOs must be credentialed, privileged, and practicing at a facility designated by the military service, in the specialty for which the IP is being paid. 2. Title 37, United States Code, section 335 – Special Bonus and Incentive Pay Authorities for Officers in Health Professions provides that the Secretary concerned may pay incentive pay 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; and is serving on active duty or in an active status in a designated health profession specialty or skill. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017479 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1