IN THE CASE OF: 
 
  BOARD DATE: 3 November 2023 
 
  DOCKET NUMBER: AR20230003502 
 
 
APPLICANT REQUESTS:  Exception to Policy (ETP) to receive Health Professions Officer Board Certification Pay (HPO BCP) effective 8 November 2018. 
 
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, Human Resources Army Medical Department (AMEDD) Special Pay Branch, Subject: Request for HPO BCP 

• American Board of Surgery Certification 

• Leave and Earnings Statements (LES) 


 
FACTS: 
 
1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 
 
2.  The applicant states in effect, ETP to received HPO BCP for the period of  
8 November 2018 through 31 December 2022 in the amount of $6,000.00 per year for $500.00 per month. He is a board certified Thoracic Surgeon. He submitted a pay inquiry through his unit and was advised that his only recourse would be to apply to the ABCMR for retroactive HPO BCP. Based on his signed contract, he should be due approximately $25,000.00. He believes the error occurred in 2018 when the payment model for physician changed from an itemized incentive pay and HPO BCP to a single SAVE pay on the LES. His monthly SAVE pay should be $5,416.00 for his HPO IP and HPO BCP. 
 
3.  A review of the applicant's service record shows: 
 
 a.  On 17 July 1998, the applicant executed his oath of office and was appointed a Reserve commissioned officer. 
 
 b.  On 30 July 1999, the applicant completed the AMEDD Basic Officer Leader Course. 
 
 c.  On 2 April 2002: 
 
(1) The applicant was appointed a Medical Corps officer. 


 
(2) Orders Number A-04-291314, issued by the U.S. Total Army Personnel Command, the applicant was ordered to active duty, effective 14 June 2002, to fulfill an active Army requirement.  


 
 d.  The applicant completed the General Surgery Internship during the period of  
1 July 2002 through 30 June 2003 at Madigan Army Medical Center, Tacoma, WA. 
 
 e.  The applicant completed the General Surgery Residency during the period of  
1 July 2003 through 30 June 2008 at Madigan Army Medical Center, Tacoma, WA. 
 
 f.  On 29 October 2008, The American Board of Surgery certified the applicant passed the General Surgery examination. 
 
 g.  The applicant completed the Thoracic Surgery Residency during the period of  
1 July 2008 through 30 June 2011. 
 
 h.  On 8 June 2012, the applicant was certified in Thoracic  and Cardiac Surgery by the American Board of Thoracic Surgery. 
 
 i.  On 14 June 2012, the applicant passed the oral examination of the American Board of Thoracic Surgery. 
 
 j.  On 23 December 2018, the applicant requested HPO BCP for Thoracic Surgery as a board certified Thoracic Surgeon in the amount of $6,000.00 per year for the period of 8 November 2018 through 31 December 2022. Along with his request, he provided the American Board of Medical Specialty profile which shows he was board certified by the American Board of Thoracic Surgery for the period of 8 June 2012 through  
31 December 2022.  
 
4.  The applicant provides LES's for the period of October 2018 through December 2022 which shows that his SAVE pay, in the amount of $4,916.66. 
 
5.  On 30 June 2023, in the processing of this case, the Office of The Surgeon General provided an advisory opinion regarding the applicant's request for retroactive HPO BCP effective 8 November 2018. The advisory official stated the applicant was eligible to received HPO BCP in the amount of $6,000.00 per year. Due to no fault of his own, the 
required documents were not processed as required. He is eligible to receive $24,7916.66 for the period of: 
 
• 18 November through 31 December 2018 in the amount of $716.66 

• 1 January through 31 December 2019 in the amount of $6,000.00 

• 1 January through 31 December 2020 in the amount of $6,000.00 

• 1 January through 31 December 2021 in the amount of $6,000.00 

• 1 January through 31 December 2022 in the amount of $6,000.00 


 
The exact arrears payment to be determined by the Defense Finance and Accounting Department. 
 
6.  On 3 July 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. He did not respond. 
 
BOARD DISCUSSION: 
 
After reviewing the application, all supporting documents and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered applicant’s contentions, military record and regulatory guidance. The Board agreed that applicant was eligible to received HPO BCP; however, through no fault of his own, the required documents were not processed as required. Based on the documentation available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief.  
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
:xx :xx :xx GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
: : : DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 
 
1. 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 to show the applicant was eligible to receive Health Professions Officer Board Certification Pay in the amount of  $24,7916.66 for the period of: 
 
• 18 November through 31 December 2018 in the amount of $716.66 
• 1 January through 31 December 2019 in the amount of $6,000.00 
• 1 January through 31 December 2020 in the amount of $6,000.00 
• 1 January through 31 December 2021 in the amount of $6,000.00 
• 1 January through 31 December 2022 in the amount of $6,000.00 
 
2. The exact arrears payment to be determined by the Defense Finance and Accounting Department. 
 
  12/12/2023

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 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 
 
2.  Title 37 United States Code (USC), section 335 (Special bonus and incentive pay authorities for officers in health professions), (b) Health Professions Incentive Pay. The Secretary concerned may pay incentive pay under this section to an officer in a regular or reserve component of a uniformed service who: (1) is entitled to basic pay under section 204 of this title or compensation under section 206 of this title; and (2) is serving on active duty or in an active status in a designated health profession specialty or skill. (e) (Maximum Amount and Method of Payment), (1) Maximum amount. The Secretary concerned shall determine the amounts of a bonus or incentive pay to be paid under this section. Board certification incentive pay under subsection (c) may not exceed $6,000.00 for each 12-month period an officer remains certified in the designated health profession specialty or skill.   
 
3.  Title 37 USC, section 335 (Special bonus and incentive pay authorities for officers in health professions), (c) (Board Certification Incentive Pay), the Secretary concerned may pay board certification incentive pay under this section to an officer in a regular or reserve component of a uniformed service who:   
 
• is entitled to basic pay under section 204 of this title or compensation under section 206 of this title;   

• is board certified in a designated health profession specialty or skill; and   

• is serving on active duty or in an active status in such designated health profession specialty or skill   


 
4.  Department of Defense Instruction 6000.13 (Accession and Retention Policies, Programs, and Incentives for Military Health Professions Officers (HPOs)), to establish policy, assign responsibilities, and prescribe procedures for: a. Military Department payment of incentives and bonuses to HPOs pursuant to section 335 of Title 37, USC, Paragraph 10 f. Board Certification Pay. To be eligible for BCP, an HPO must: (1) Be entitled to basic pay under section 204 of Reference (c) or compensation under section 206 of Reference (c). (2) Have a post-baccalaureate degree in a clinical specialty. A post-master's certificate acceptable to the Secretary concerned can satisfy this requirement. (3) Be certified by a professional board in a designated health profession clinical specialty. (4) Be serving on AD or in an active status in the specialty of the board certification.    
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