IN THE CASE OF: BOARD DATE: 24 February 2023 DOCKET NUMBER: AR20220003804 APPLICANT REQUESTS: the Health Professions Officer Incentive Pay (HPO IP) effective date be amended to reflect the date the HPOIP rate increased, 20180101, per the Health Professions Officer Pay Plan effective 20180101. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Board of Veterinary Medicine, License to Practice as a Veterinarian, 31 December 2018 * Change of Address * License Look-up * Personnel Records Review (2018, 2019, and 2020) * 2014 HPO Contract FACTS: 1. The applicant states her HPOIP pay rate is incorrect from the dates of 20180101 to present. She has filed to have a corrected HPOIP contract which will generate the back- pay for the underpaid amount through the start of the fiscal year (20211001) but will not account for the missing wages from 20180101 to 20210930. She requests correction of the pay rate and payment of owed wages. On 20180101, the HPOIP rate for Veterinarians increased from $2,500/year to $5,000/year. She was not aware of this increase, and the discrepancy was missed by herself and personnel specialists during routine record reviews performed as required annually. As a result, she has received $9,374.97 less than owed (45 months * $208.33). This error occurred on 20180101 but was not discovered until today despite repeated record reviews by both her and multiple finance offices and personnel specialists. The owed wages, based on her calculations of 45 months * $208.33 is $9,374.97. When overpayment occurs, regardless of when it occurred, there is no hesitation for the government to recoup the amount from service members. Similar enthusiasm should be given to paying missed wages in cases of underpayment by the government. 2. The applicant was appointed as a Regular Army commissioned officer and entered active duty on 13 June 2014. She was advanced to major on 1 June 2020. 3. On 8 February 2023, the Army Medical Department (AMEDD) Special Pay Branch Officer of The Surgeon General, provided and advisory opinion based on policy, plan, procedures, and rates. The advisory official reiterated the applicant s request that the Health Professions Officer Incentive Pay (HPO IP) effective date be amended to reflect the date the HPOIP rate increased, 20180101, per the Health Professions Officer Pay Plan effective 20180101. a. A review of the supporting documentation, special pay and finance data indicate the officer did not enter into the correct HPO IP until 20211001 but was eligible on 20180101. As such, the officer is eligible to receive the $5,000/yr./$416.66/month HPO IP for the requested date. The officer already received $2,500/yr./$208.33/month from 20180101-20210930 and is eligible for the remainder. Officer is eligible for a total of $9,374.97 for the 20180101-20210930 timeframe. The exact arrears payment will be calculated by DFAS-IN. b. 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 for Correction of Military Records (ABCMR); only the Director, DFAS IN may make settlement actions affecting the military pay accounts of soldiers because of correction of records by the ABCMR per provisions of AR 15-185. Therefore, any ABCMR relief granted should be addressed for action to the Corrections-Claims Section, DFAS IN. 4. The applicant was provided with a copy of this advisory opinion to give her an opportunity to comment on the advisory opinion. She did not respond. 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 applicant s contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant was eligible for HPO IP on 1 January 2018 but did not enter into the correct HPO IP until 1 November 2021. As such, she is eligible to receive the $5,000/year or $416.66/month HPO IP for the requested date. She has already received $2,500/years or $208.33/month from 1 January 2018 to 30 September 2021. The Board agreed with the advisory official s determination that she is eligible for the remainder or difference in rate from 20180101-20210930. The exact arrears payment will be calculated by DFAS-IN. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 CAD: JT: RB: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 executed an HPOIP contract at the authorized annual rate commencing 1 January 2018 * showing his contract was timely received and processed by the appropriate office * paying the applicant any back pay, for the period 1 January 2018 to 30 September 2021 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. DODI 6000.13 defines HPO (Health Professions Officer) as officers designated as a medical officer, dental officer, veterinary officer, medical service officer or biomedical sciences officer, medical specialist, or a nurse. 2. DOD 7000.14-R, Financial Management Regulation, Volume 7A, Chapter 5 authorizes various incentive pays for a variety of medical specialties including Veterinarians. HPO Incentive Pay (IP) is authorized for Veterinarians at the rate of $5,000/year. Eligibility date begins not earlier than upon completion of qualifying training and date of privileging or licensure as an HPO. The HPO must execute a binding written IP agreement to remain on active duty beginning on the agreement effective date. 3. Title 37 USC, section 302 states, an officer who is an officer of the Medical Corps of the Army designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. An officer may not be paid additional special pay under subsection (a)(4) or incentive special pay under subsection (b) for any twelve-month period unless the officer first executes a written agreement under which the officer agrees to remain on active duty for a period of not less than one year beginning on the date the officer accepts the award of such special pay. 4. The Army Active Component Health Professions Officer Special and Incentive Pay Plan Memorandum, states regarding the Health Professions Officer Incentive Pay, a. Eligibility: To be eligible for the IP, an HPO must: (1) Execute an IP agreement, and have at least one-year retainability on Active Duty beginning on the effective date. (2) As a HCP, AC and AGR HPOs must be currently credentialed, privileged, and practicing a minimum of 40-hours/year at a facility designated by the Army, in the specialty for which the IP is being paid. (3) The HPO must possess a current, valid, unrestricted license; NCCPA; or approved Army waiver under the provisions of AR 40-68, with applicable interim changes, without prejudicial restriction to the standards of the specialty for which the award is made, as a prerequisite and for the duration of receipt of IP. b. Agreement Effective Date. The effective date of the IP agreement is the latter date of meeting all of the following: (1) No earlier than upon completion of qualifying training plus 3-months, (2) Date of privileging and licensure as a HCP. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003804 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1