IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20220008256 APPLICANT REQUESTS: exception to policy (ETP) to receive: * General Surgeon Health Professions Officer Incentive Pay (HPO IP) for the period of 1 October 2018 through 30 September 2020 * Vascular Surgery Fellowship HPOIP for 1 October 2019 Pay Plan * Health Professionals Officer Board Certification Pay (HPO BCP) for the period of 28 January 2018 through 30 September 2021 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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 effect, he was receiving Medical Special Pay (MSP). However, the HPO Pay Plan was established on 1 October 2017 which stated if he did not enter a new HPO agreement by 28 January 2018 his benefits would be terminated. Unfortunately, he was not aware of this requirement. This caused his HPO BCP and Variable Special Pay (VSP) to be terminated on 27 January 2018, the termination of his MSP to be terminated on 30 September 2018. He contacted the U. S. Army Medical Department (AMEDD) and Lieutenant Colonel (LTC) S- informed him of the change in the program(s) and due to the pay being from prior fiscal years he would have to apply to the ABCMR in an attempt to be paid. He requests General Surgeon Health Professions Officer Incentive Pay (HP OIP) for the period of 1 October 2018 through 30 September 2020, Vascular Surgery Fellowship HPOIP for 1 October 2019 Pay Plan, and Health Professionals Officer Board Certification Pay (HPO BCP) for the period of 28 January 2018 through 30 September 2021. 3. A review of the applicant's service record shows: a. The applicant completed his oath of office as a Reserve commissioned officer on 3 June 2004. b. On 10 August 2004, Orders Number C-08-420316, issued by the U.S. Army Human Resources Command (HRC) the applicant was assigned to the U.S. Army Reserve (USAR) Control Group Officer Active Duty Obligor (OADO), effective 3 June 2004. c. On 4 April 2008, Orders Number A-04-806336, issued by HRC, the applicant was ordered to active duty, effective 11 June 2008, to fulfill his active duty commitment. d. On 1 July 2010, the Commonwealth of Virginia, Virginia Department of Health Professions issued the applicant his medical license with an expiration date of 30 June 2022. e. On 28 January 2015, The American Board of Surgery certified the applicant as a surgeon. f. On 1 September 2016, the applicant contracted for MSP in General Surgery. The contract was for 4-years, effective 1 October 2016. The Army agreed to pay the applicant the MSP in equal amounts of $60,000.00 for 4-years. The payments were to be paid upon the agreement effective date and annually thereafter on the anniversary of the agreement. g. On 1 June 2022: (1) The American Board of Surgery certified the applicant in surgery with the initial certification date of 28 January 2015 to expire on 31 December 2025. (2) The applicant requested and was approved for HPO BCP, effective 1 October 2021 in Vascular Surgery Peripheral Vascular Surgeon. The Army agreed to pay the applicant the HPO BCP in the amount of $6,000.00 per year to be paid monthly and subject to the availability of funds. (3) The applicant requested and was approved for HPO IP in vascular surgery. The Army agreed to pay the applicant $59,000.00 per year to be paid monthly and subject to the availability of funds. 4. On 13 March 2023, in the processing of this case, the Office of the Surgeon General provided an advisory opinion regarding the applicant's request for HPO IP and HPO BCP. The advisory official stated the applicant had received the legacy MSP agreement for the period of 1 October 2016 through 30 September 2020. However, in accordance with the 1 October 2017 Active Component HPO Pay Plan, if the HPO did not enter new agreements (HPO IP formerly MASP and HPO BCP) by 27 January 2018 the benefits were automatically terminated. The applicant did not enter the new agreement by the deadline. The new pay plan indicated the current HPO IP rate in effect would remain for the length of the multi-year agreement of 1 October 2018 through 30 September 2020. The applicant was eligible to receive the General Surgery HPO IP at $73,000.00 per year for a total amount eligible of $146,000.00 for the period of 1 October 2018 through 30 September 2020. He was also eligible for Vascular Surgery HPO IP at $59,000.00 per year for the period of 1 October 2020 through 30 September 2021 for a total amount eligible of $59,000.00. The applicant is eligible to received HPO BCP at $6,000.00 per year, prorated monthly at $500.00 for a total amount eligible of $22,066.66. The applicant is eligible to receive a grand total of $227,066.66, the exact arrears payment is to be determined by the Defense Finance and Accounting Service. 5. On 20 April 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial 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 the Board concurred with the advisory opinion finding the applicant had received the legacy MSP agreement for the period of 1 October 2016 through 30 September 2020. However, in accordance with the 1 October 2017 Active Component HPO Pay Plan, if the HPO did not enter new agreements by 27 January 2018 the benefits would be automatically terminated. The Board noted the applicant did not enter the new agreement by the deadline. The new pay plan indicated the current HPO IP rate in effect would remain for the length of the multi-year agreement of 1 October 2018 through 30 September 2020. 2. The Board found, based on the advisory opine the applicant was eligible to receive the General Surgery HPO IP at $73,000.00 per year for a total amount eligible of $146,000.00 for the period of 1 October 2018 through 30 September 2020. He was also eligible for Vascular Surgery HPO IP at $59,000.00 per year for the period of 1 October 2020 through 30 September 2021 for a total amount eligible of $59,000.00. Additionally, the applicant is eligible to received HPO BCP at $6,000.00 per year, prorated monthly at $500.00 for a total amount eligible of $22,066.66. The applicant is eligible to receive a grand total of $227,066.66. The exact arrears payment is determined by DFAS-IN. Based on this, the Board granted partial relief. 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 the applicant is eligible to receive the General Surgery HPO IP at $73,000.00 per year for a total amount eligible of $146,000.00 for the period of 1 October 2018 through 30 September 2020. He is also eligible for Vascular Surgery HPO IP at $59,000.00 per year for the period of 1 October 2020 through 30 September 2021 for a total amount eligible of $59,000.00. The applicant is also eligible to received HPO BCP at $6,000.00 per year, prorated monthly at $500.00 for a total amount eligible of $22,066.66. The applicant is eligible to receive a grand total of $227,066.66. The exact arrears payment is determined by DFAS-IN. 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 the applicant’s entitlement to Vascular Surgery Fellowship HPOIP for 1 October 2019 Pay Plan and Health Professionals Officer Board Certification Pay (HPO BCP) for the period of 28 January 2018 through 30 September 2021. 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 and incentive pay authorities for officers in health professions), (b) Health Professions Incentive Pay. The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who: (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and (2) is serving on active duty or in an active status in a designated health profession specialty or skill. (e) (Maximum Amount and Method of Payment), (1) Maximum amount. The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section, except that (D) health professions incentive pay under subsection (b) may be paid monthly and may not exceed, in any 12-month period; (i) $100,000.00 for medical officers and dental officers; and (ii) $15,000.00 for officers in other health professions. (E) Board certification incentive pay under subsection (c) may not exceed $6,000.00 for each 12- month period an officer remains certified in the designated health profession specialty or skill. 3. Title 37 USC, section 335 (Special bonus and incentive pay authorities for officers in health professions), (c) (Board Certification Incentive Pay), the Secretary concerned may pay board certification 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; * 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 4. Department of Defense Instruction 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs)), to establish policy, assign responsibilities, and prescribe procedures for: a. Military Department payment of incentives and bonuses to HPOs pursuant to section 335 of Title 37, USC, Paragraph 10 f. Board Certification Pay. To be eligible for BCP, an HPO must: (1) Be entitled to basic pay under section 204 of Reference (c) or compensation under section 206 of Reference (c). (2) Have a post-baccalaureate degree in a clinical specialty. A post-master's certificate acceptable to the Secretary concerned can satisfy this requirement. (3) Be certified by a professional board in a designated health profession clinical specialty. (4) Be serving on AD or in an active status in the specialty of the board certification. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008256 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1