IN THE CASE OF: BOARD DATE: 19 October 2022 DOCKET NUMBER: AR20220000460 APPLICANT REQUESTS: correction of her records to show she was paid retroactive Health Professions Officer Incentive Pay (HPOIP) in Area of Concentration (AOC) 61FM4 (Critical Care Physician). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Commonwealth of Virginia Medical License, 1 April 2015 (expires 30 September 2020) * National Capital Consortium Critical Care Fellowship Program Class of 2018 Graduation Certificate * Brooke Army Medical Center Credentialling, 10 August 2018 FACTS: 1. The applicant states, in effect: a. She is requesting retroactive recoupment of merited payment totaling tens of thousands of dollars that has not been rendered as it should be based on the HPOIP contract for a 61FM4. b. She graduated from Critical Care fellowship on 30 June 2018 and should have been receiving appropriate HPOIP starting 1 October 2018 given her role as a 61FM4. When she in-processed at Brooke Army Medical Center, she was told she only merited 61F pay rather than 61FM4 pay and she did not assume she would be given inaccurate information from finance, so did not question this. When a much more senior colleague arrived, he told her she had been given bad information and was being underpaid. This has since been verified by her consultant and the Army Medical Department (AMEDD) Special Pay Branch and appears to be related to a clerical error on the part of her local Special Pay and Finance personnel. c. The injustice occurred roughly three years ago, but it was discovered less than two months ago. She has spent the past two months with numerous fruitless emails receiving truly no response to emails or in-person requests from her company and local finance personnel within her company. After elevating to her consultant and with her higher-ranking ties and Army knowledge for who to talk to, she is submitting this request the day she was told this was the process to do so. 2. A review of the applicant's official records show: a. On 12 June 2009, the applicant was appointed as a Reserve commissioned officer. b. On 19 May 2013, she was appointed as a Regular Army Medical Corps commissioned officer in the rank/grade of captain/O-3. c. On 23 May 2019, Headquarters, U.S. Army Human Resources Command, Fort Knox, KY issued Orders Number 143-029 promoting the applicant to the rank/grade of major/O-4, effective on with a date of rank of 7 June 2019. d. On 1 August 2019, the applicant was informed that she passed the American Board of Internal Medicine 2018 Critical Care Medicine Certification Examination. e. On 14 January 2022, the applicant's request for HPOIP was approved at a rate of $46,000.00 a year; paid on a prorated monthly basis. f. On 30 June 2022, she was discharged from the Army under the provisions of Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges) by reason of "miscellaneous/general reasons." She completed 9 years, 1 month, and 12 days of net active service. 3. The applicant provides: a. Commonwealth of Virginia Department of Health Professions, Board of Medicine, License to Practice Medicine and Surgery issued on 1 April 2015, with expiration date of 30 September 2020. b. National Capital Consortium Critical Care Medicine Fellowship Program Class of 2018 Graduation Certificate. c. Application for Clinical Privileges/Medical Staff Appointment dated 6 August 2018, that shows a granted date of 10 August 2018 and an expiration date of 9 August 2019. It also shows the applicant completed her Critical Care Medicine Fellowship at Walter Reed National Military Medical Center, Bethesda, MD, on 22 June 2018. The dates attended were from 1 July 2016 to 27 June 2018. 4. On 5 August 2022, the Office of the Surgeon General, Chief, AMEDD Special Pay Branch provided an advisory opinion for this case and stated: a. The applicant requests the HPO IP AOC be amended to Critical Care (M4) which carries a corresponding HPO IP rate of $46,000.00/year or prorated $3,833.33/month. b. A review of the relevant supporting documentation, special pay and finance data indicates she graduated from the Critical Care Fellowship but did not enter into the Critical Care HPO IP until 1 October 2021. The earliest effective was 1 October 2018, per the FY18 HPO Pay Plan. c. Per the above discussion, the applicant was eligible for the HPO IP effective 1 October 2018. She received the Internal Medical HPO IP at a rate of $43,000.00/year for the period 1 October 2018-30 September 2021, totaling $129,000.00. She is eligible to receive HPO IP for Critical Care (M4) for the period 1 October 2018-30 September 2021 at rate of $46,000.00/year totaling $138,000.00. She is authorized the difference which equates to $9,000.00, applicable taxes will apply. Exact payment will be calculated by Defense Finance and Accounting Service-Indianapolis (DFAS-IN). 5. On 10 August 2022, the Army Review Boards Agency, Case Management Division provided the applicant with a copy of the advisory opinion via electronic mail to allow her the opportunity to submit comments or rebuttal. She did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and Army Medical Department (AMEDD) Special Pay Branch at the Office of The Surgeon General advisory opinion, the Board concurred with the advisory opinion finding the applicant was eligible for HPO IP payment effective 1 October 2018. Evidence in the record show the applicant is eligible to receive HPO IP for Critical Care (M4) for the period 1 October 2018-30 September 2021 at rate of $46,000.00/year totaling $138,000.00. She is authorized the difference which equates to $9,000.00, applicable taxes will apply. Exact payment will be calculated by Defense Finance and Accounting Service-Indianapolis (DFAS-IN). Based on this, the Board granted relief for retroactive payment of Health Professions Officer Incentive Pay (HPO IP) in Area of Concentration (AOC) 61FM4 (Critical Care Physician). 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 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 the applicant is authorized payment of Health Professions Officer Incentive Pay (HPO IP) in Area of Concentration (AOC) 61FM4 (Critical Care Physician). The applicant is eligible to receive HPO IP for Critical Care (M4) for the period 1 October 2018-30 September 2021 at rate of $46,000.00/year totaling $138,000.00. She is authorized the difference which equates to $9,000.00, applicable taxes will apply. Exact payment will be calculated by Defense Finance and Accounting Service- Indianapolis (DFAS-IN). 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Army Active Component Health Professions Officer Special and Incentive Pay Plan effective 1 January 2018. This pay plan applies to all Army Medical Department (AMEDD) Active Component (AC) Health Professions Officers (HPOs), as well as Title 10 United States Code (USC) and Title 32, USC, Active Guard Reserve (AGR) HPOs, and mobilized Reserve Component (RC) HPOs on Active Duty 30-consecutive days or more. The pay plan enhances the ability to size, shape, and stabilize the force by using a monetary incentive to support the recruitment and retention of health care professionals with critical wartime specialties and valuable experience crucial to Army mission success today and readiness tomorrow. This pay plan enacts the Consolidation of Special Pays (CSP) statute and Department of Defense (DoD) plan, and includes the HPO Accession Bonus (AB), HPO Critical Wartime Skills Accession Bonus (CWSAB), HPO Board Certification Pay (BCP), HPO Incentive Pay (IP), and HPO Retention Bonus (RB). The CSP special pays are categorized as discretionary and are not an entitlement. This pay plan is effective 1 January 2018 and does not expire unless superseded. a. To be eligible for the IP, an HPO must: (1) Execute an IP agreement, and have at least one-year retainability on Active Duty beginning on the effective date. (2) If an HCP, AC and AGR HPOs must be currently credentialed, privileged, and practicing a minimum of 40-hours/year at a facility designated by the Army, in the specialty for which the IP is being paid. (3) The HPO must possess a current, valid, unrestricted license; National Commission on Certification of Physician Assistants; or approved Army waiver under the provisions of AR 40-68 (Clinical Quality Management), with applicable interim changes, without prejudicial restriction to the standards of the specialty for which the award is made, as a prerequisite and for the duration of receipt of IP. b. The effective date of the IP agreement is the latter date of meeting all of the following: (1) No earlier than upon completion of qualifying training plus 3-months, (2) Date of privileging as a HCP. c. Table 3: Medical Corps HPO IP and HPO RB Rates show a Fellowship Trained Critical Care (M4) fully qualified IP only 1-year Rate (prorated monthly) of $46,000.00 2. Department of Defense 7000.14-R, Financial Management Regulation, Volume 7A, Chapter 5 (Health Professions Officer (HPO) Special and Incentive Pay). The purpose of this chapter is to establish policy pertaining to Health Professions Special and Incentive Pay. Paragraph 6.0 (Incentive Pay) provides in pertinent part; 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 AC or RC of a Military Service and entitled to basic pay under Title 37, USC, section 204 or compensation pursuant to Title 37, USC, section 206; serving on AD or in an active Reserve status in a designated health professional specialty; and be eligible as prescribed in paragraph 2.4. //NOTHING FOLLOWS//