IN THE CASE OF: BOARD DATE: 20 October 2022 DOCKET NUMBER: AR20220001400 APPLICANT REQUESTS: entitlement to Health Professions Officer Incentive Pay (HPO IP), effective August 2018. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * State of Nebraska License * Privileged Provider Information Report * Memorandum – Subject: Request for HPO IP, 24 November 2021 * Memorandum – Subject: Letter of Lateness for Special Pay Contract, 24 November 2021 * Public Health Licensure Unit Certification of Licensure * Memorandum – Subject: Request for HPO Board Certification Pay, 2 August 2021 * Certification Status, 2 August 2021 * Department of Health and Human Services – License Search * Privileged Provider Information Report * Headquarters, Tripler Army Medical Center (TAMC) – Quality Services Division letter, 13 December 2021 * Memorandum – Subject: Letter of Lateness for Special Pay Contract, 3 August 2021 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States 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 she was not paid HPO IP as an attending Obstetrician and Gynecologist from August 2018 to present despite having obtained the appropriate credentials. She contests that she was never informed of her entitlement to HPO IP and therefore never submitted a request for it. Once the discrepancy was noted, the Human Resources Assistant/Individual Mobilization Augmentee (IMA) Manager was able to initiate an HPO IP contract effective November 2021-present. She acknowledges that an HPO IP contract was not endorsed when she proceeded on her Permanent Change of Station (PCS) nor was this noted by her leadership. She began working as an attending physician shortly after her credentialling process was completed in August 2018 at TAMC. 3. A review of the applicant's available service records reflects the following: a. On 3 March 2008, the applicant was appointed a Reserve commission. b. On or about 4 March 2008, the applicant was enrolled in the U.S. Army Health Professions Scholarship Program. c. On 27 July 2009, the applicant completed the Army Medical Department (AMEDD) Basic Officer Leaders Course. d. On 2 June 2012, the applicant graduated from with a Doctorate in Osteopathic Medicine. She was subsequently appointed a Regular Army commission within the Medical Corps at the rank/grade of captain (CPT)/O-3. e. On 15 April 2013, Headquarters, U.S. Army North (Fifth Army) issued Orders Number 105-209 reassigning the applicant to Fort Bragg, NC to serve as a 61N (Flight Surgeon) effective 26 August 2013. Enroute to her new duty station, the applicant was scheduled to complete the U.S. Army Flight Surgeon Course (7 July 2013 – 16 August 2013) f. On 20 August 2013, the applicant applied for and was subsequently awarded Medical Additional Special Pay ($15,000.00/lump sum). g. On 19 April 2018, the U.S. Army Installation Management Command issued Orders Number 109-76 reassigning the applicant to TAMC, effective 31 July 2018, to serve as a 60J (Obstetrician and Gynecologist). h. On 12 January 2022, the applicant applied for HPO Board Certification Pay (BCP) as a 60J at a rate of $6,000.00 per year prorated monthly. Her request was subsequently approved on 13 January 2022. 4. The applicant provides: a. State of License reflective of the applicant being licensed as an Osteopathic Physician and Surgeon with an expiration date of 1 October 2022. b. Privileged Provider Information Report reflective of the applicant being granted her privileges as a provider of Obstetrics and Gynecology (ONGYN), effective 22 August 2018. c. Memorandum – Subject: Request for HPO IP dated 24 November 2021, reflective of the applicant's request for HPO IP as a 60J at a rate of $54,000.00/annually prorated monthly. Her request was subsequently approved on 29 November 2021. d. Memorandum – Subject: Letter of Lateness for Special Pay Contract, dated 24 November 2021, reflective of the justification for the applicant's late submission; she was uninformed of this Special Pay entitlement. As such, the request was submitted for an effective date of 1 October 2020. e. Public Health Licensure Unit Certification of Licensure reflective of the applicant's licensure as an Osteopathic Physician and Surgeon being issued on 16 August 2013 with an expiration date of 1 October 2022. f. Memorandum – Subject: Request for HPO BCP, dated 2 August 2021, reflective of the applicant's request for HPO BCP as a 60J at a rate of $6,000.00/annually prorated monthly. Her request was subsequently approved on 5 August 2021. g. Certification Status dated 2 August 2021, reflective of the applicant being originally certified as an OBGYN as of 19 March 2021. h. Department of Health and Human Services – License Search reflective of the applicant being licensed as an Osteopathic Physician and Surgeon with an expiration date of 1 October 2022. i. Privileged Provider Information Report, reflective of the applicant being granted her privileges as an OBGYN effective 25 July 2019. j. Headquarters, TAMC – Quality Services Division letter, dated 13 December 2021, reflective of information pertaining to the applicant's professional performance and conduct as an OBGYN in connection with her privileges as a provider of care within the TAMC. The applicant has never been considered for disciplinary action, nor had her privileges limited, restricted, suspended or revoked. k. Memorandum – Subject: Letter of Lateness for Special Pay Contract, dated 3 August 2021, reflective of the justification for the applicant's late submission; she was placed on maternity leave shortly after receiving her board certification. As such, the request was submitted for an effective date of 19 March 2021. 5. On 10 August 2022, the Office of the Surgeon General, Chief AMEDD Special Pay Branch provided an advisory opinion noting that upon review of relevant documentation, the applicant's HPO IP effective date is 1 October 2018 based upon the Fiscal Year (FY18) Active Component (AC) HPO Pay Plan. Per the FY18 AC HPO Pay Plan, the earliest HPO IP effective date is the latter date of meeting the following: (1) No earlier than upon completion of qualifying training plus 3-months (2) Date of privileging as a Health Care Professional. The applicant graduated from residency on 30 June 2018. As such, the date of HPO IP eligibility is 1 October 2018. The applicant did not enter into an HPO IP agreement following completion of her Residency and obtaining all eligibility criteria. She is eligible for HPO IP effective 1 October 2018. Further, she is also eligible to receive the difference between the Residency HPO IP received for the period 1 October 2018 – 30 September 2021 and the Special Pay eligible for the same timeframe. The applicant has already received $24,000.00 in residency pay. The total amount of HPO IP eligible and should have received was $162,000.00 for the period of 1 October 2018 - 30 September 2021, if she entered an HPO IP agreement. The total amount that she is eligible to receive is $138,000.00 ($162,000 - $24,000). The exact arrears payment is calculated by the Defense Finance Accounting Services (DFAS). 6. On 15 August 2022, the applicant was provided with a copy of the advisory opinion and afforded 14 days to provide comments. As of 19 October 2022, the applicant had not responded. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found partial relief is warranted. 2. The Board concurred with the advisory official’s finding that the applicant became eligible for HPO IP on 1 October 2018. The Board determined the applicant’s record should be corrected to show she entered into an HPO IP agreement for the period 1 October 2018 through 30 September 2021 and she should be paid any monies she is due as a result of this correction. 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 she entered into an HPO IP agreement for the period 1 October 2018 through 30 September 2021 and paying her any monies she is due as a result of this correction. 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 eligibility prior to 1 October 2018. 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. The Assistant Secretary of Defense Memorandum, Subject: HPO Special and IP for Fiscal Year (FY) 2018 provides the earliest HPO IP effective date is the latter date of meeting the following: (1) no earlier than upon completion of qualifying training plus 3-months (2) date of privileging as a Health Care Professional. 3. Title 37, USC, 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) AR20220001400 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1