IN THE CASE OF: BOARD DATE: 19 July 2023 DOCKET NUMBER: AR20230001365 APPLICANT REQUESTS: to change of his Health Profession Officer Retention Bonus (HPO RB) to be effective 1 July 2021. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Exhibit 1 - Exhibit List * Exhibit 2 - Email Directing Applicant to go to the Army Board for Correction of Military Records (ABCMR) * Exhibit 3 - Memorandum for Record (MFR), Subject: Requesting a Change in HPO IP Agreement Effective Date * Exhibit 4 - Office of the Surgeon General (OTSG) Chief of Staff Letter of Support * Exhibit 5 - Commander's Letter of Support * Exhibit 6 - Dental Corps Chief Letter of Support * Exhibit 7 - Consultant to the OTSG for Pediatric Dentists Letter of Support * Exhibit 8 - Dental Health Command - Pacific Letter of Support * Exhibit 9 - DA Form 67-10-1A (Officer Evaluation Report (OER) Support Form) * Exhibit 10 - DA Form 67-10-3 (Strategic Grade Plate (O6) OER), 7 November 2020 through 4 October 2021 * Exhibit 11 - DA Form 67-10-3, 5 October 2021 through 18 April 2022 * Exhibit 12 - MFR Humanitarian Service Medal (HSM) Recommendation * Exhibit 13 - Army Regulation (AR) 15-6 (Procedures for Administrative Investigations and Board of Officers) Investigation Timeline * Exhibit 14 - DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) * Exhibit 15 - DA Form 4856 (Developmental Counseling Form) 1st Counseling Statement, 3 May 2021 * Exhibit 16 - DA Form 4856 2nd Counseling Statement, 3 May 2021 * Exhibit 17 - Email Verifying DA Form 268 was Lifted * Exhibit 18 – Memorandum, Subject: Request for HPO IP, effective 1 July 2017 * Exhibit 19 – Memorandum, Subject: Request for HPO BCP, effective 1 July 2022 * Exhibit 20 - North Carolina Dentist License * Exhibit 21 – Army Combat Fitness Test (ACFT) Scorecard * Exhibit 22 and Exhibit 23 – Email correspondence * Exhibit 24 - HPO IP Pay Plan, 1 January 2022 FACTS: 1. The applicant states, in effect: a. On 1 December 2020, he took command of the Dental Health Activity in Hawaii (HI). The Dental Command (DENTAC), HI, secretary prepared, and he signed a 4 year HPO IP agreement to replace the one that was to expire on 30 June 2021. This new agreement was to be sent to the Dental Health Command - Pacific the first week of May 2021 in anticipation of committing to remaining on active duty for 4 more years (1 July 2021 to 1 July 2025). However, on 3 May, he was notified that he and two other DENTAC HI leaders were named in an AR 15-6 investigation, which resulted in him being flagged until the investigation was completed (3 May 2021 to 11 May 2022). b. The counseling form from Colonel (COL) - presented to him stated the investigation would be completed in 30 days (3 May 2021 to 3 June 2021). Brigadier General (BG) and his team took over 12 months to complete the AR 15-6 investigation. The flag was lifted on 11 May 2021. c. He and Lieutenant Colonel (LTC) took 45 days to respond to the investigation officer's two sets of questions and to complete the rebuttal. BG and Major General (MG) 's teams took a total of 332 days to complete their part of the investigation. On 24 March 2021, BG spoke with him over the phone for roughly six minutes. He apologized to him that the investigation took so long. As part of his apology, BG - seemed to justify the delay by telling him that he inherited the investigation from BG -, when BG - took command on 26 July 2021, just short of 2 months into the investigation. d. Since he was flagged, when his four year HPO IP agreement expired on 1 July 2021, he was unable to sign a new one. As a result, the Army retained him without any obligation. e. He understands according to the Army Active Component HPO Special and IP Plan, effective 1 January 2022, page 11 paragraph 7 that he was unable to sign a new IP contract while being flagged. He is requesting, now that the investigation is complete and the flag has been removed, that he is allowed to use 1 July 2021 as the effective date for his four year HPO IP and be paid the $50,000.00 for the year of 1 July 2021 to 1 July 2022. f. He has listed several reasons he believes his request is justified and should be approved. (1) The Army retained him for 12 months on active duty, while he had no obligation/commitment to continue to serve as a health professional officer and support the Medical Command's (MEDCOM) mission. (2) If the investigation would have taken 30 days, as stated in his counseling statement, he would have been unflagged well before the effective date of the new HPO IP agreement. (3) In accordance with the Army Active Component HPO Special and IP Plan if on 3 May 2021, when he was suspended from command and flagged for an AR 15-6 investigation, he would have been in year 2, 3, or 4 of his service agreement and would have received HPO IP on 1 July 2021. (4) If he would have been suspended from command and flagged for an AR 15-6 investigation on 2 July 2021, he would have received the HPO IP of $50,000.00 beginning on 1 July 2021. (5) The Army Active Component HPO Special and IP states on page 4 under 4 (Evaluation of Eligibility) "in general, a special pay recipient will be an HPO who has demonstrated performance and warrants retention of that officer on Active Duty." Two OERs covering the period he was flagged confirm that he demonstrated performance and warranted retention on active duty. (6) During the over twelve months he was flagged, he met Army Active Component HPO Special and IP Plan HPO RB eligibility. (7) He was compliant with the Army Physical Fitness Test/ACFT, and Army Body Composition Program standards. (8) The other officer that was named in the investigation was a LTC promotable with orders to pin on COL on 26 June but could not do so due to being flagged. Once the flag was lifted, several months after his original promotion date, he was able to be promoted with the original date with all the back pay to the original promotion date, therefore not suffering from loss of pay to him and his family. (9) There are, by his rough estimate, over 100 commands that fall under MEDCOM. From his experience, most of these commands are commanded by HPOs. Many of these commander's HOP IPs will expire, while in command. These officers will likely seek to renew their HPO IPs. Last year only 14 percent and 18 percent of eligible Army Medical Department (AMEDD) COLs and LTCs, respectively, competed for command. He is to understand the number of officers interested and willing to compete for command is declining. The number of HPOs willing to compete for command would likely be even less if it was explained to them that if they have an AR 15-6 investigation (which is highly likely currently Army wide) which results in their being flagged during their HPO IP renewal period would not only not receive their IP while flagged but they would not receive their IP retroactively after being unflagged and allowed to continue to serve on active duty. (10) As was stated in the DA Form 4856 by COL T-, he was temporarily suspended (which resulted in him being flagged) "to ensure the integrity of the ongoing AR 15-6 investigation, not as punishment." Not receiving the HPO IP that he would have received from the time his HPO IP expired until he was unflagged looks a lot like a punishment that he does not believe the Army intends for those who willingly serve in the Army and take on the tough jobs. 2. The applicant's service record contains the following documents for the Board's consideration: a. DA Form 71 (Oath of Office Military Personnel) shows the applicant completed the oath of office as a Reserve commissioned officer on 26 January 1998. b. A certificate from the University of Connecticut School of Dental Medicine shows the applicant successfully completed an advanced education program in Pediatric Dentistry from 1 July 2004 to 30 June 2006. c. A State Board of Dental Examiners dental license certificate of renewal dated 10 February 2017 certifies the applicant was legally qualified to practice dentistry until 31 March 2018. His service record was void of a dental license beyond 31 March 2018. d. Memorandum, Subject: Request for HPO IP, dated 4 April 2017, which shows he requested and was approved for HPO IP, effective 1 July 2017, in the amount of $25,000.00 a year, prorated monthly. e. Memorandum, Subject: Requesting for HPO IP, dated 28 June 2022, which shows he requested and was approved for HPO IP, effective 1 July 2022, in the amount of $25,000.00 a year, prorated monthly. f. The applicant's service record was void of information pertaining to his AR 15-6 investigation, a flagging action, or removal of a flagging action. His service record was also void of a request for HPO RB. 3. The applicant provides the following documents, not previously considered, for the Board's consideration: a. Exhibit 1: An exhibit list of documents provided. b. Exhibit 2: An email from OTSG, dated 10 June 2022, which is in reference to the applicant's request for HPO IP to be effective on 1 July 2021 and the ABCMR request. Due to his flag still being active until 11 May 2022, he would have to petition the ABCMR. They could not back date the HPO IP prior to when the flag was lifted. c. Exhibit 3: A self-authored MFR to the ABCMR, dated 8 November 2022, wherein the applicant reiterates his request for action by the Board in his application. d. Exhibit 4: A letter of support from the Chief of Staff, OTSG, dated 31 October 2022, which states, in effect the Chief of Staff recommends the ABCMR grant the applicant's exception to the HPO pay plan and return the applicant's HPO IP start date back to 1 July 2021. The Chief of Staff recommends the applicant receive the four year retention bonus amount he would have received starting on 1 July 2021 and that he be allowed to complete the last 3 years of the contract provided he maintained eligibility as outlined in the Army HPO Pay Plan. It was the Chief of Staff's understanding that the flag and underlying investigation were entirely unrelated to the applicant's performance of duties as an HPO, but as a commander. Given that he continued clinical duties, the Chief of Staff believed it was appropriate to allow the applicant to receive his retention bonus. e. Exhibit 5: A letter of support from the Commander of Headquarters, 25th Infantry Division and U.S. Army HI, dated 30 October 2022, which states in effect, the Commander fully supported granting the applicant an exception to the HPO pay plan and returning the applicant's HPO IP start date back to 1 July 2021. Despite being flagged for 378 days, while under investigation, the applicant remained fully committed to MEDCOM's mission and accomplished all required tasks to the best of his ability in a professional and timely manner, during this period. f. Exhibit 6: A letter of support from the Chief, U.S. Army Dental Corps, dated 31 October 2022, which states, in effect, he highly recommended the ABCMR support the applicant's request for exception to policy and grant the applicant HPO IP with a start date of 1 July 2021. The applicant had no control over the length of time he was flagged due to the underlying investigation in respect to his performance as a commander. While flagged, the applicant performed his duties in support of the MEDCOM mission admirably and professionally. g. Exhibit 7: A letter of support from the Consultant to The Surgeon General (TSG), OTSG, dated 31 October 2022, which states in effect, he fully supported backdating the applicant's HPO IP to 1 July 2021 so he could receive the 63K (Pediatric Dentistry) bonus from 1 July 2021 to 1 July 2022. The applicant was flagged for an AR 15-6 investigation from 3 May 2021 to 11 May 2022. During this period, he was unable to apply for the retention bonus. The applicant was one of the most talented and experienced 63Ks in the U.S. Army. He had served as an effective teacher and respected mentor in graduate dental education programs and his clinical skills and tireless efforts to improve family readiness were noteworthy. The applicant brought great value to military communities and his retention was top priority. h. Exhibit 8: A letter of support from the Commander, Headquarters, Dental Health Command - Pacific, dated 19 October 2022, which states in effect, he fully supported granting the applicant an exception to the HPO Pay Plan and returning the applicant's HPO IP start date back to 1 July 2021. He fully supported the applicant receiving the 4 year retention bonus amount he would have received starting on 1 July 2021 through 30 June 2022 and being allowed to complete the last 3 years of the contract as he maintained his eligibility as outlined in the Army HPO Pay Plan. i. Exhibit 9: DA Form 67-10-1A which lists the applicant's duties and responsibilities, his performance objectives and accomplishments, his presence, intellect, leadership qualities, development qualities, and achievements. The entire form is available for the Board's consideration. j. Exhibit 10: DA Form 67-10-3 for the period 7 November 2020 through 4 October 2021, which shows the applicant was the Commander of Dental Health Activity, HI, and states retain as COL. His senior rater rated 11 Army Officers in the rank of COL and stated the applicant had strong potential for future service at the rank of COL. He would be a valuable asset to the Army as a dental provider or a staff officer researching and drafting policy. The entire OER is available for the Board's consideration. k. Exhibit 11: DA Form 67-10-3 for the period 5 October 2021 through 18 April 2022, which shows the applicant was a support officer, and states retain as a COL. His senior rater rated 23 Army Officers in the rank of COL and stated the applicant was an officer of integrity, dedication, and leadership. His character distinguished him from others. He had limitless potential to serve at tactical and strategic levels. Challenge him with positions of greater responsibility. The entire OER is available for the Board's consideration. l. Exhibit 12: MFR, Subject: Recommendation for the applicant, dated 13 June 2022, which is a recommendation for the applicant to receive the HSM for his period of service in support of COVID-19 from 5 October 2021 through 25 February 2022. m. Exhibit 13: The applicant's AR 15-6 Investigation Timeline with emails, shows the total number of days to complete actions during the investigation. The applicant and LTC `- took a total of 43 days to complete two sworn statements and a rebuttal. The investigating officer, BG - and BG s teams took a total of 335 days to complete their parts of the investigation. The entire timeline and emails are available for the Board's consideration. n. Exhibit 14: DA Form 268 shows a flag was initiated on the applicant, effective 3 May 2021 for a commander's investigation. o. Exhibit 15: The front page of a DA Form 4856, dated 3 May 2021, wherein the applicant was counseled for failing to build a positive command climate. BG - had appointed two investigating officers to conduct the investigation from 3 May 2021 through 3 June 2021. p. Exhibit 16: DA Form 4856, dated 3 May 2021, which temporarily suspended the applicant from his duties as the commander of DENTAC - HI. The suspension would remain in effect until MG made a determination as to final disposition on the matter. The applicant agreed with the counseling and signed the form. q. Exhibit 17: An email from the Commander, U.S. Army Dental Health Command - Pacific, dated 12 May 2022, requesting the applicant's flag be removed with an effective date of 11 May 2022. r. Exhibit 19: Memorandum, Subject: Request for HPO RB, dated 9 June 2022, which shows the applicant requested and was approved for HPO RB, effective 1 July 2022, in the amount of $50,000.00 a year. s. Exhibit 20: A State Board of Dental Examiners License issued on 4 January 2022, and certified the applicant was legally qualified to practice dentistry until 31 March 2023. t. Exhibit 21: ACFT Scorecard, dated 1 June 2022, which shows the applicant was compliant with the Army's height/weight standard. There was no data concerning the ACFT completion. u. Exhibit 22: An email, subject: AMEDD Centralized Selection List Command Board, dated 26 April 2022, which states in effect, TSG had sent out a message to senior leaders directly as he was worried about participation in the past command boards. The entire email is available for the Board's consideration. v. Exhibit 23: An email, subject: TSG Sends, Fiscal Year LTC and COL Centralized Selection List Command Boards, dated 4 May 2022, which states in effect congratulations in reaching a significant milestone in your career - the opportunity to compete for command at the COL or LTC Level. The entire email is available for the Board's consideration. w. Exhibit 24: The Army Active Component HPO Special and IP Plan, effective 1 January 2022. The applicant brings the following portions to the Board's attention: (1) Paragraph 8a(7) (HPO RB), "at the time of the agreement effective date, the HPO must have no suspension of favorable personnel actions and have passed the Army Physical Fitness Test/ACFT and Army Body Composition Program standards within seven months and will continue to meet the standards for the length of the agreement period." (2) Table 3: (Medical Corps HPO IP and HPO RB Rates) wherein he highlighted serval portions of the table. The entire pay plan is available for the Board's consideration. 4. On 14 April 2023, OTSG, Chief, AMEDD Special Pay Branch Human Resources, G- 1, provided an advisory opinion for the Board's consideration, which states in effect: a. The applicant is requesting retroactive payment in the amount of $50,000.00 for HPO RB for the period 1 July 2021 through 30 June 2022. b. A review of supporting documentation and available personnel, special pay, and finance data per the 2021 HPO Active Component Pay Plan, at the start of an agreement, an HPO must have no flag. As such, the applicant did not meet the eligibility criteria for the requested effective date of 1 July 2021 due to a flag initiated on 3 May 2021, which was subsequently removed on 11 May 2022. c. Special pay policy does not authorize the initiation of any retroactive agreements following the removal of any flag. Aside from the flag, the applicant met all other eligibility criteria to receive the $50,000.00 HPO RB for the 1 July 2021 through 30 June 2022 timeframe. 5. On 17 April 2023, the advisory opinion was provided to the applicant to allow him the opportunity to respond. 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 that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One possible outcome was to deny relief based on no error or injustice due to applicant having adverse actions during his eligibility for his bonus. However, upon careful review of the applicant’s petition, available military records and the Chief, AMEDD Special Pay Branch Human Resource G-1 advisory opinion, the Board agreed with the advising official finding the applicant met all other eligibility criteria to receive the $50,000 HPO RB for the 20210701-20220630 timeframe except for being flagged. Evidence in the record show the applicant was flagged from 3 May 2021 to 11 May 2022 for an investigation into his alleged failure to build a positive command climate. According to the initial counseling, the investigation was only anticipated to take one month. Ultimately the lengthy investigation did not appear to adversely affect the applicant. 2. The Board determined an injustice occurred when the applicant was prevented from entering into a new RB agreement while he was flagged for a lengthy investigation that did not appear to substantiate misconduct or result in adverse action against him. Furthermore, the Board determined there was sufficient evidence to grant relief by correcting the record to show the flag was lifted the day the investigation was initially estimated to end: 3 June 2021. Based on this, the Board granted relief to correct the applicant’s record to show he entered into a new RB agreement with a start date of 1 July 2021. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X : :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : 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 the applicant entered into a new Health Profession Officer Retention Bonus (HPO RB) with an effective date of 1 July 2021. 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 Financial Management Regulation, Volume 7A section 050602 states to be eligible for HPOIP a member must be serving in an Active Component or Reserve Component of a Military Service and entitled to basic pay under Title 37, United States Code (USC), section 204 or compensation pursuant to Title 37, USC, section 206; Serving on active duty or in an active Reserve status in a designated health professional specialty. 2. Department of Defense Instruction 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military HPOs), currently in effect, states special pays for officers in a health profession are additional to any other pay or allowance to which the officer is entitled. To be eligible, an officer must sign an agreement that specifies the amount of the bonus and method of payment, as well as the period of obligated service for the pay. The participant must have a current, valid, and unrestricted license, and must maintain all licensing, credentialing, specialty qualifications, and privilege requirements. To be eligible for a HPO RB an HPO must: * Be below the grade of Brigadier General * 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 * 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 3. Army Active Component HPO Special and IP Plan, 1 January 2022, shows in Table 3 a fully qualified pedodontics dentist is authorized HPO Incentive Pay (IP) with 4-year RB in the amount of $25,000.00 per year, prorated monthly, and the RB 4-year rate is $50,000, paid annually. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230001365 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1