IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220003571 APPLICANT REQUESTS: to amend his Health Professions Officer (HPO) Retention Bonus (RB) contract to begin on 1 March 2021. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum for Surgeon General of the Army, Subject Request for Health Professions Officer (HPO) Incentive Pay (IP), 7 January 2022 * Memorandum for Surgeon General of the Army, Subject Request for HPO Retention Bonus (RB), 7 January 2022 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 29 April 1987 * Office of the Surgeon General Memorandum, Subject: Request for Deferral of Mandatory Removal Date (MRD), 11 June 2021 * Office of the Assistant Secretary, Manpower and Reserve Affairs Memorandum, Subject: Request for Deferment of MRD, 30 September 2021 * Office of Representative Privacy Authorization Release Form, 19 October 2022 * Army Review Board Agency (ARBA), Congressional Liaison and Inquiries Office letter, 31 October 2022 FACTS: 1. The applicant states: a. His last HPORB expired on 28 February 2021 and his request for a new HPORB was delayed as an MRD extension was pending. His initial MRD extension request was submitted in December 2020; 3 months prior to his HPORB expiration. Due to COVID and work restrictions, his request sat in limbo between Fort Bragg Personnel Services Branch, the Office of The Surgeon General, and U.S. Army Human Resources Command (HRC). An extension to 30 April 2025 was approved on 30 September 2021; however, it was not received until 22 October 2021. b. His HPORB request was submitted through the Fort Bragg Womack Army Medical Center Personnel Office where it was delayed pending updates in Electronic Military Personnel Office (eMILPO) and Total Officer Personnel Management Information System (eTOPMIS). The systems were updated on 24 November 2021, his HPORB was submitted on 1 December 2021, and a 3-year contract was completed on 9 December 2021. c. If not for COVID and the restrictions placed on Federal Services, his original request for a 4 year MRD would have been approved in time to execute a 4 year HPORB. He requests that his 3 year HPORB be amended to reflect a 4 year HPORB with a start date of 1 March 2021; which will recoup 7 months of lost bonus pay. 2. The applicant's service record shows: a. Nova Southeastern University, Health Professions Division, College of Osteopathic Medicine certificate, dated 25 May 1997, shows the applicant received a degree in Doctor of Osteopathic Medicine. b. On 12 December 2000, having had prior enlisted service in the Regular Army and U.S. Army Reserve (USAR), the applicant was appointed as a Reserve commissioned officer and executed an oath of office. c. U.S. Army Medical Detachment, 2nd Recruiting Brigade Memorandum, Subject: Application for Appointment with Concurrent Call to Active Duty in the Army Medical Corps, USAR, dated 6 February 2002, shows that applicant met the basic eligibility criteria for appointment in the USAR Medical Corps and if selected, attend the Army Medical Department (AMEDD) Officer Basic Course in July 2002. d. certificate, dated 28 February 2002, shows the applicant completed his Residency in Family Medicine from 1 July 2000 to 28 February 2002. e. Orders Number A-03-291069 issued by the U.S. Total Army Personnel Command, dated 19 March 2002, ordered the applicant to active duty, effective 10 May 2002 to fulfill his active duty requirement. f. American Osteopathic Association letter, dated 6 March 2003, shows the Executive Committee of the Bureau of Osteopathic Specialists of the American Osteopathic Association certified the applicant's certification in Family Practice and Optimal Medical Therapy from 15 November 2002 through 31 December 2010. g. American Osteopathic Board of Family Medicine certificate, period covering 1 January 2011 to 31 December 2018, shows the applicant passed the required examination and was recertified in Family Practice and Osteopathic Manipulative Treatment. h. Special Warfare Medical Group (Airborne), U.S. Army John F. Kennedy Special Warfare Center and School, Subject: Delay in Agreement Execution, dated 15 December 2021, in which the applicant's Deputy Commanding Officer requested that the effective date of his HPOIP and HPORB be back dated to 30 September 2021. His contract was delayed pending HRC's approval of his request for MRD. His request was approved on 30 September 2021; however, there was another delay due to system updates. i. Memorandum for Surgeon General of the Army, Subject: Request for HPORB, dated 30 September 2021, shows the applicant qualified for a retention bonus at a rate of $25,000.00 per year upon the agreement effective date, then annually on the anniversary of the agreement effective date. His Area of Concentration (AOC) was Family Medicine/61H and he was licensed in North Carolina through 7 April 2022. His 3 year continuous active duty obligation would begin on 30 September 2021. 3. The applicant provides: a. Memorandum for Surgeon General of the Army, Subject: Request for HPOIP, dated 7 January 2022, shows the applicant qualified for an IP at a rate of $43,000.00 upon the agreement effective date, then annually on the anniversary of the agreement effective date. His AOC was Family Medicine/61H and he was licensed in through 7 April 2022. His 3 year continuous active duty obligation would begin on 30 September 2021. b. Office of the Surgeon General Memorandum, Subject: Request for MRD, dated 11 June 2021, recommended approval of the applicant's MRD from 30 April 2022 to 30 April 2025 due to age. The 3 year extension would allow the applicant to maintain his critical role at the Special Warfare Group and support AMEDD's projected understrength in his AOC. c. Office of the Assistant Secretary, Manpower and Reserve Affairs Memorandum, Subject: Request for Deferment of MRD, dated 30 September 2021, approved the applicant's request for deferral of MRD through 30 April 2025. d. Office of Representative Privacy Authorization Release Form, dated 19 October 2022, in which the applicant authorized the Representative to inquire about his HPORB. e. ARBA, Congressional Liaison and Inquiries Office letter, dated 31 October 2022, acknowledged receipt of the applicant’s case. 4. In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General, Army Medical Department Special Pay Branch, on 6 October 2022. The advisory official denied the applicant's request. It states in pertinent part: a. The HPOIP effective date criteria is the latter date of qualifying training plus 3 months or date of privileging. The applicant was not eligible for the requested HPORB with the effective date of 1 March 2021 due to the MRD, dated 30 April 2022. b. Although the applicant was awaiting a decision on a pending MRD extension request, the relevant HPO Pay Plan states an agreement may not extend beyond a legislated mandatory separation, removal or retirement date for age or service, unless the HPO’s MRD has been deferred in advance of the agreement’s effective date. Any agreement executed without prior deferment is deemed erroneous and subject to full recoupment. As such, the applicant is deemed ineligible for the incentive. c. In accordance with Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy), Chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)); only the Director, Defense Finance and Accounting Service (DFAS) 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 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the Corrections-Claims Section, DFAS-Indianapolis. 5. The advisory opinion was provided to the applicant to afford him the opportunity to respond to its content. 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 relief is warranted. 2. The Board found the evidence confirms the applicant encountered delays beyond his control that prevented him from entering into a 4-year HPORB agreement. The Board determined the applicant’s record should be corrected to show he entered into a 4-year HPORB agreement on 1 March 2021. ? 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 entered into a 4-year HPORB agreement effective 1 March 2021. The applicant should be paid any additional 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. Title 37, United States Code, Section 335 states: a. Health Professions Bonus. The Secretary concerned may pay a health professions bonus to an officer in the uniformed services who is a graduate of an accredited school in a health profession and who: a. Accepts a commission or appointment as an officer in a regular or reserve component of a uniformed service, or affiliates with a reserve component of a uniformed service, and agrees to serve on active duty in a regular component or in an active status in a reserve component in a health profession, b. Accepts a commission or appointment as an officer and whose health profession specialty is designated by the Secretary of Defense as a critically short wartime specialty; or c. Agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. 2. Department of Defense Financial Management Regulation 7000.14, Volume 7A states to be eligible for a HPORB, an HPO must: * Have completed qualifications for the specialty or subspecialty for which the RB is being paid before the beginning of the fiscal year during which a written agreement is executed; * Enter into a written agreement, accepted by the Secretary concerned, to remain on active duty or in an active status in an Reserve Component as an HPO for 2, 3, or 4 years; * Be below the grade of O-7; and have completed an active duty reserve duty service commitment incurred for any and all pre-commissioning education and training 3. Health Professions Special and Incentive Pay Plan for Fiscal Year 2021 states no retroactive payments for dates prior to a valid application date and/or the effective/approved date of eligibility are authorized for any incentives under this policy. Mandatory Removal Date (MRD). Service members must be able to complete all of the contractual Service Obligation incurred under this program before reaching MRD from the effective/approved date of the agreement/contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003571 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1