IN THE CASE OF: BOARD DATE: 24 January 2023 DOCKET NUMBER: AR20220006411 APPLICANT REQUESTS: to receive retroactive Health Professions Officer Incentive Pay (HPOIP). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * , Department of Safety and Professional Services, Medical and Surgery license certificate and wallet license, 16 December 2021 * Memorandum for Surgeon General of the Army, Subject: Request for HPOIP, 11 February 2022 FACTS: 1. The applicant states she is requesting incentive back pay for the duration of her post-graduate second year as a Physician from July 2021 to January 2022. Following the completion of her internship on 30 June 2021, her incentive pay was supposed to increase to $8,000.00 annually. Her initial residency program began on 1 July 2021 and her license was processed through her human resources in February 2022 which is when her board certification pay started and was reflected on her Leave and Earning Statement (LES). The incentive pay was reflected on her LES as Save Pay. In accordance with Title 37, United States Code (USC), Section 335 (Special bonus and incentive pay authorities for officers in health professions) and Department of Defense Instruction (DODI) 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military HPOs), she qualifies for the HPOIP as a credentialed health care provider in her initial residency. 2. The applicant's service record shows: a. DA Form 71 (Oath of Office – Military Personnel), dated 5 May 2016, appointed the applicant as a Reserve commissioned officer. b. USAREC Form 601-37.28 (Department of the Army Service Agreement, F. Edward Hebert Armed Force Health Professions Scholarship Program (AFHPSP)), dated 29 June 2016, shows the applicant enrolled in a graduate course of study in medicine leading to a degree in Doctor of Osteopathic Medicine. c. Orders Number C-08-610173 issued by the U.S. Army Human Resources Command (HRC), dated 3 August 2016, released the applicant from appointment and assigned her to the U.S. Army Reserve Control Group (Officer Active Duty Obligor), effective 5 May 2016 d. On 19 March 2020: (1) Orders Number 0320-79-SG19-1 issued by HRC appointed the applicant as a Regular Army Medical Corps officer, effective on the execution of the oath of office. (2) Orders Number A-03-000247 issued by HRC ordered the applicant to active duty for acceptance of a Regular Army appointment, effective 30 May 2020, with assignment to Student Detachment, Tripler Army Medical Center. e. Orders Number A-03-000247A01 issued by HRC, dated 30 March 2020, amended Orders Number A-03-000247, dated 19 March 2020, to change the report date from 30 May 2020 to 1 June 2020. f. Memorandum for Surgeon General of the Army, Subject: Request for HPOIP, dated 11 February 2022, shows the applicant qualified for incentive pay at a rate of $8,000.00 per year prorated monthly. Her Area of Concentration (AOC) was 60J (Obstetrics and Gynecology) and she is licensed in through 31 October 2023. Her period of continuous active duty was effective 1 February 2022. 3. The applicant provides the State of, Department of Safety and Professional Services, Medical and Surgery license certificate and wallet license, dated 16 December 2021, showing the applicant was issued her license and it expires on 31 October 2023. 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 19 September 2022. The advisory official recommended approval of the applicant's request. It states in pertinent part: a. A review of the applicant's supporting documentation determined her Residency HPOIP was effective on 1 February 2022 at the $8,000.00 per year rate. Her date of privileging was 1 July 2020. b. She is eligible for $4,666.66 from 1 July 2020 to 30 January 2021; based on the $8,000.00 per year rate. She already received $700.00 for the same period. She is eligible to receive approximately $3,966.66; based on the difference of $4,666.66 minus $700.00. The exact arrears payment will be calculated by Defense Finance Accounting Service (DFAS). 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 of DFAS may make settlement actions affecting the military pay accounts of soldiers as a result of correction of records by the ABCMR. Therefore, any ABCMR relief granted should be addressed for action to the DFAS Corrections and Claims Section. 5. The advisory opinion was provided to the applicant to afford her the opportunity to respond to its content. She did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, military records, and regulatory guidance were carefully considered. The applicant requests the Residency Health Professions Officer Incentive Pay (HPOIP) effective 20210701. A review of the relevant supporting documentation, special pay and finance data indicate the Residency HPOIP effective date was 20220201. Per the HPO Pay Plan, is the latter date of qualifying training or date of privileging. Officer effective date of privileging was 20200701. The applicant’s date of privileging is 20200701 and was eligible to for the Residency HPOIP at the $8,000/year rate. As such, the applicant is eligible for $4,666.66 for the period 20200701-20210130 ($8,000/year rate). The applicant already received $700.00 for the same period. The applicant is eligible to receive is approximately $3,966.66 ($4,666.66-$700.00). The exact arrears payment is calculated by DFAS-IN. ? 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 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 July 2020 • showing his contract was timely received and processed by the appropriate office • paying him any back pay, for the period 1 July 2020 to 30 January 2021 (less any monies received during this period) 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, USC, 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: (1) 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; (2) 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 (3) Agrees to remain on active duty or continue serving in an active status in a reserve component in a health profession. b. HPOIP. The Secretary concerned may pay incentive pay to an officer in a regular or reserve component of a uniformed service who: (1) Is entitled to basic pay or compensation; and (2) Is serving on active duty or in an active status in a designated health profession specialty or skill. c. Board Certification Incentive Pay. The Secretary concerned may pay board certification incentive pay to an officer in a regular or reserve component of a uniformed service who: (1) Is entitled to basic pay or compensation; (2) Is board certified in a designated health profession specialty or skill; and (3) Is serving on active duty or in an active status in such designated health profession specialty or skill. d. Additional Eligibility Criteria. The Secretary concerned may impose additional criteria for the receipt of a bonus or incentive pay as the Secretary determines to be appropriate. 2. Department of Defense Financial Management Regulation 7000.14, Volume 7A, table 5-4 (Medical Corps IP) states initial residency physicians are entitled to HPOIP at a rate of $8,000.00 annually prorated monthly. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006411 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1