IN THE CASE OF: BOARD DATE: 26 May 2023 DOCKET NUMBER: AR20220009917 APPLICANT REQUESTS: in effect, back pay from fiscal year 2021 for an orthopaedic surgery specialty bonus, starting from 1 August 2021 for Health Professions Officer (HPO) Incentive Pay (IP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: . DD Form 149 (Application for Correction of Military Record) . Medical License, 24 July 2017 . Orders 126-004 Permanent Change of Station (PCS), 6 May 2021 . Medical Training Agreement, 7 June 2021 FACTS: 1. The applicant states: a. He is petitioning for the Board for an error in military pay and seeking back pay from FY 2021 for his orthopedic surgery specialty bonus. He is seeking correction of pay starting from 1 August 2021. b. His contract was recently amended but his back pay could not be obtained due to the funds being in FY 2021. c. He completed his orthopedic surgery residency on 30 June 2021 from Tripler Army Medical Center. He obtained his medical license and started as a staff surgeon on 1 August 2021. d. He was instructed that due to the funds being in FY 2021, he could not be assisted with back pay that was due for the orthopedic surgery specialty bonus in FY 2021. This is the reason he is petitioning to correct the error in his contract and pay. 2. The applicant provides the following documents: a. State of Certificate, dated 24 July 2017, which shows he has been duly licensed to practice as a physician in the State of . b. Orders 126-004, published by Headquarters, Tripler Amy Medical Center, dated 6 May 2021, which PCS’d the applicant to Fort Sam Houston, Texas with a reporting date of 21 July 2021. c. A Medical Training Agreement, dated 7 June 2021, which shows the applicant would be a resident in foot and ankle surgery from 26 July 2021 through 31 July 2022. 3. The applicant's service record contains the following documents: a. A DA Form 71 (Oath of Office), dated 12 June 2011, shows the applicant took an oath of office in the Regular Army Medical Service Corps in the rank of second lieutenant. b. A DA Form 71, dated 21 May 2016, shows the applicant took the oath of office in the Regular Army Medical Corp in the rank of captain. c. A memorandum request for HPO IP, dated 14 April 2017, shows the applicant would have a period of continuous active duty that would be effective 1 January 2017 and that he would receive HPO IP at the rate of $8,000 per year. The request was approved. The request included a Notice of Licensure as a physician-resident, effective 1 July 2016 and expiring on 30 June 2017. d. A Certificate showing the applicant successfully completed orthopedic surgery internship at Tripler Army Medical Center, Honolulu, Hawaii from 1 July 2016 through 30 June 2017. e. A Certificate showing the applicant successfully completed orthopedic surgery residency at Tripler Army Medical Center, Honolulu, Hawaii from 1 July 2016 through 30 June 2021. f. A memorandum request for HPO IP, dated 2 June 2022, shows the applicant would have a period of continuous active duty that would be effective 1 October 2021 and would receive HPO IP at the rate of $59,000 per year. The request was approved. The request included his physician license, which expires on 31 January 2024. g. The applicant's service record was void of an HPO IP request for FY 2021. 4. On 19 January 2023, the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General, provided an advisory opinion, which states, in effect: a. The applicant requests his HPO IP effective date be amended to reflect 1 August 2021, the date of his licensure. b. A review of the supporting documentation, policy, special pay, and finance date the effective date of the applicant's license to practice is 23 September 2021; however, the current effective date of eligibility for the HPO IP incentive is 1 October 2021. To that end the applicant is eligible to receive $1,311.11 for the period 23 September 2021 through 30 September 2021. The exact arrears payment is determined by Defense Finance and Accounting Service. 5. On 14 February 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. On 27 February 2023, the applicant responded stating, in effect: a. The date the pay period is listed as the start of his license to practice in Massachusetts, is 23 September 2021; however, he was granted a full emergency license as of 28 July 2021. The emergency license was granted due to a filing error of the Board of Registration in Medicine of Massachusetts. b. He started practicing on 1 August 2021; therefore the HPO IP period should reflect the period from 1 August 2021 through 30 September 2021, since he was serving in the same capacity with the emergency license. 6. With the applicant’s rebuttal, he included an email from the Board of Registration of Medicine, dated 28 July 2021, which states “The Board of Registration in Medicine has approved your Emergency Temporary License (). The Emergency Temporary License has been issued to ensure an adequate supply of physician to staff health care facilities and to eliminate any administrative delays for physicians who qualify for licensure. This Emergency Temporary License is a full, unlimited, and unrestricted medical license. Your Emergency Temporary License shall remain valid until your full license application is adjudicated by the Board.” BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that partial relief was warranted. The applicant’s contentions, his military record, an advisory opinion, and regulatory guidance were carefully considered. The Board noted the effective date of the applicant's license to practice is 23 September 2021. The Board concurred with the advisory official finding the applicant was eligible for HPO IP incentive for the period of 23 September 2021 through 30 September 2021. Evidence of record shows the applicant met all eligibility requirements. The Board determined there was sufficient evidence to grant partial relief. Such relief shall result in the payment of approximately $1,311.11. 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 all Department of the Army records of the individual concerned be corrected by providing the applicant with payment of his HPO IP incentive for the period 23 September 2021 through 30 September 2021. Such relief shall result in the payment of approximately $1,311.11; the exact arrears payment will be determined by Defense Finance and Accounting Service. 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 HPO IP incentive backdating to 1 August 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. 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 (HPS&I) 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 37 USC Section 204 or compensation pursuant to 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. 2. Title 37 United States Code, 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. //NOTHING FOLLOWS//