IN THE CASE OF: BOARD DATE: 12 July 2023 DOCKET NUMBER: AR20220011870 APPLICANT REQUESTS: retroactive entitlement to Health Professions Officer Board Certification Pay (HPO BCP), effective 6 October 2017. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum – Subject: Request for Health Professions Officer (HPO) Incentive Pay (IP), 13 February 2017 * American Board of Internal Medicine letter, 6 October 2017 * Certificate, 30 June 2020 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 pertinent part that completed the Internal Medicine certification requirements and was therefore considered board certified effective 6 October 2017. He contests that he provided the appropriate documentation to the finance office, but the HPO BCP contract was not initiated at that time. He has since completed the required HPO BCP contract, however he is required to petition this Board for his entitlement to back pay to be awarded. 3. A review of the applicant's available service records reflects the following: a. On 31 May 2008, the applicant was appointed a Regular Army commission within the Medical Service Corps. b. On 21 April 2014, the U.S. Army Human Resources Command issued Orders Number A-04-499150 ordering the applicant to active duty to participate in an internship training program in Internal Medicine (61F) beginning on 1 July 2014 and ending on 30 June 2017 at the San Antonio Military Medical Center. c. On 17 May 2014, the applicant was awarded a Doctor of Osteopathic Medicine degree and subsequently appointed a Regular Army commission within the Medical Corps. d. On 3 March 2016, the applicant was issued a license to practice (Osteopathy and Surgery). e. On 13 February 2017, the applicant requested and was subsequently authorized to receive Health Professions Officer Incentive Pay (HPO IP) as a 61F (Internal Medicine- Internist) at a rate of $8,000.00 per year (prorated monthly). f. On 30 June 2017, the applicant completed his residency in Internal Medicine. g. On or about 1 July 2017, the applicant began his fellowship in Cardiology. h. On 6 October 2017, the applicant was recognized as a board-certified, Internal Medicine physician by the American Board of Internal Medicine. i. On 30 June 2020, the applicant completed his fellowship in Cardiology. 4. On 7 June 2023, the Department of the Army, Office of the Surgeon General, Chief, Army Medical Department, Special Pay Branch, provided an advisory opinion noting that the applicant was eligible and met all requirements to receive the $6,000.00 per year (prorated annually) HPO BCP, effective 6 October 2017, but did not enter an agreement until 1 October 2021. The applicant is eligible to receive the HPO BCP at a rate of $6,000.00 per year (prorated annually) totaling $23,900.00 utilizing the following calculation: $1,400.00 (6 October 2017 – 31 December 2017); $6,000.00 (1 January 2018 – 31 December 2018); $6,000.00 (1 January 2019 – 31 December 2019); $4,500.00 (1 October 2020 – 30 September 2021). The exact arrears payment will be determined by the Defense Finance Accounting Service. 5. On 21 June 2023, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 6 July 2023, the applicant has not responded. 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, the Board concurred with the advising official finding the applicant was eligible and met all requirements to receive the $6,000.00 per year (prorated annually) HPO BCP, effective 6 October 2017, but did not enter an agreement until 1 October 2021. The Board noted based on the advisory opine, the applicant is eligible to receive the HPO BCP at a rate of $6,000.00 per year (prorated annually) totaling $23,900.00 utilizing the following calculation: $1,400.00 (6 October 2017 – 31 December 2017); $6,000.00 (1 January 2018 – 31 December 2018); $6,000.00 (1 January 2019 – 31 December 2019); $4,500.00 (1 October 2020 – 30 September 2021). The exact arrears payment will be determined by the Defense Finance Accounting Service. Based on this, the Board granted relief. 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 eligible to receive the HPO BCP at a rate of $6,000.00 per year (prorated annually) totaling $23,900.00 utilizing the following calculation: $1,400.00 (6 October 2017 – 31 December 2017); $6,000.00 (1 January 2018 – 31 December 2018); $6,000.00 (1 January 2019 – 31 December 2019); $4,500.00 (1 October 2020 – 30 September 2021). The exact arrears payment will be determined by the Defense Finance Accounting Service. 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) provides that the Secretary concerned may pay HPO BCP 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 in a designated health profession specialty or skill. HPO BCP under subsection (c) may not exceed $15,000.00 for each 12-month period an officer remains certified in the designated health profession specialty or skill. 3. Department of Defense 7000.14-R (Financial Management Regulation) provides that to be eligible for Board Certification Pay (BCP) payable at a rate of $6,000.00 annually (prorated monthly), Health Professions Officers must: * meet the eligibility criteria itemized in paragraph 050204 * be serving in an Active Component (AC) or an Reserve Component (RC) of a Military Service and entitled to basic pay under Title 37, USC, section 204 or compensation pursuant to 37 USC, Section 206 * be serving on active duty or in an active Reserve status in a designated health professional clinical specialty * have a post-baccalaureate degree in a clinical specialty (a post Master's certificate acceptable to the Secretary concerned can satisfy this requirement) * be certified by a professional board in a designated health profession clinical specialty //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220011870 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1