IN THE CASE OF: BOARD DATE: 16 February 2023 DOCKET NUMBER: AR20220003398 APPLICANT REQUESTS: payment of the Health Professions Officer Retention Bonus (HPO RB) for the period 31 May 2021 to 30 September 2021. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Medical License * Email correspondence, 31 July 2014 * Email correspondence,10 October 2017 * Army Active Component Health Professions Officer Special and Incentive Pay Plan Effective 1 January 2020 * Email correspondence, 8 February 2022 FACTS: 1. The applicant states his Incentive Pay (IP) as an Ophthalmologist (Subspecialty Category V as a fellowship trained retinal surgeon) in the U.S. Army stopped effective 31 May 2021 despite serving and continuing to serve as an Ophthalmologist, holding a valid medical license, and actively seeing patients. He has not received appropriate payment from 31 May 2021 to 30 September 2021 and was told by the Army Medical Department (AMEDD) Special Pay branch that they are unable to correct this as it must be submitted through the Army Board for Correction of Military Records. Total reduction in pay was $4,916.67 per month for a total reduction of $19,666.67 from that period. He is currently working to re-establish the payment effective 1 October 2021 (Fiscal Year 22 (FY22)). The error was caused by the transition of the Army Legacy Special Pay system for the AMEDD to the "Consolidated Special Pay Program" or CSP. He signed a multiyear specialty contract in 2016 which caused him to remain partially in the Legacy Pay Program. He never received notification to re-sign an IP through the system as had been previously throughout his career. When AMEDD Special Pay Branch identified that he was not on an IP, they stopped payment in May 2021 but failed to notify him. He only became aware of this issue upon a review of his LES and W2 after the tax year concluded in January 2022. 2. A review of the applicant's available service records reflects the following: a. On 27 May 2000, he was appointed as a Reserve commissioned officer in the Medical Corps. b. DD Form 214 (Certificate of Release or Discharge from Active Duty) ending 26 July 2000 reflects an honorable release form active duty to attend medical school. c. On 16 May 2004, he was appointed a Reserve Commission and executed an oath of office. d. DA Form 5074-R (Record of Award of Entry Grade Credit (Medical and Dental Officers)) shows on 15 May 2004, the Doctor of Medicine degree was conferred upon him by the Uniformed Services University of the Health Sciences. e. On 5 August 2005, the Department of Health Professions, Board of Medicine issued his medical license. f. On 7 December 2009, he received his Board Certificate from the American Board of Ophthalmology. g. His record is void of a request for HPO RB. 3. The applicant provides the following: a. Medical license showing he was currently active as a practicing physician with an expiration date of 30 November 2022. b. Email correspondence dated 31 July 2014 detailing the additional compensation contract dates with regard to Medical Additional Specialty Pay (MASP), HPO RB and other incentives. c. Email correspondence dated 10 October 2017 detailing compensation he should be entitled to with regard to MASP, HPO RB and other incentives from 1 October 2016 to 30 September 2019. d. Army Active Component Health Professions Officer Special and Incentive Pay Plan Effective 1 January 2020 reflective of the compensation entitlements for health professions officers to include HPO RB. e. Email correspondence dated 8 February 2022, pertaining to him not entering into a new HPO RB. He should have entered into a new contract. He wouldhave to petition the Board 4. On 2 December 2022, the Office of the Surgeon General, Chief AMEDD, Special Pay Branch, provided an advisory opinion stating the applicant requests retroactive HPO RB for the 31 May 2021 to 30 September 2021 time frame. A review of supporting documentation, special pay and finance data the applicant is eligible to receive $14,750.00 ($4,916.66/month) for the above timeframe. The exact arrears compensation is to be determined by Defense Finance and Accounting Service (DFAS- IN). In accordance with AR 37-104-4 (Military Pay and Allowances Policy), 8 June 2005, Chapter 20 – Settlement Actions Resulting from Correction of Records by the Army Board of Correction of Military Records (ABCMR); only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of soldiers as a result of correction of records by the ABCMR per provisions of AR 15-185 (Army Board for Correction of Military Records). Therefore, any ABCMR relief granted should be addressed for action to the Corrections-Claims Section, DFAS-IN. 5. On 5 December 2022, he was provided a copy of the advisory opinion and afforded 15 days to provide comments. As of 16 December 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 relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the applicant was eligible to receive HPO RB for the period 31 May 2021 to 30 September 2021. The Board determined the applicant’s record should be corrected to show he was authorized HPO RB for the period in question, and he should be paid any monies he is due as a result of this correction. 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 he was authorized HPO RB for the period 31 May 2021 to 30 September 2021. He should be paid any monies he is due as a result of this correction 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 Instruction (DODI) 6000.13 (: Accession and Retention Policies, Programs, and Incentives for Military HPOs) states to be eligible for a HPO RB an HPO must: a. Be below the grade of Brigadier General. b. Have completed qualification for the specialty for which the HPORB is being paid before the beginning of the Fiscal Year during which a written agreement is executed. c. Enter into a written agreement to remain on active duty or in an active status in the Reserve Component as an HPO for 2,3, or 4 years, which is accepted by the Secretary concerned. 2. Army Active Component Health Professions Officer Special and Incentive Pay Plan Effective 1 January 2020 shows in table 3 a fully qualified ophthalmologist in subspeciality category 5 is entitled to a HOP RB in the amount of $59,000.00 prorated monthly. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003398 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1