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ARMY | BCMR | CY2001 | 2001052620C070420
Original file (2001052620C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 August 2001
         DOCKET NUMBER: AR2001052620


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. James E. Vick Chairperson
Ms. Barbara J. Ellis Member
Mr. William D. Barr Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that she receive Board Certification Pay (BCP) for the period 10 July 1998 to 31 January 2000.

3. The applicant states that she did not realize that the required information/forms had not been received by the appropriate personnel after she passed the board examination. In support of her application, she submits a copy of her board certification in Family Practice.

4. The applicant’s military records show that she was commissioned as a Reserve officer in the Transportation Corps on 18 November 1986. She was ordered to active duty on 14 March 1995 for internship training in the Medical Education Program in Family Practice. The applicant was promoted to major on 14 June 1999.

5. The applicant provided a certificate from the American Board of Family Practice which indicates that she successfully completed the requirements of the American Board of Family Practice and has been certified by that board. The period of certification is effective from 10 July 1998 through 31 December 2005.

6. In the processing of this case an advisory opinion was obtained from the Chief of the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General. That office supports the applicant’s request for BCP based on current policy and procedures.

7. The advisory opinion points out that a review of the applicant’s pay account indicates that the AMEDD Special Pay Branch initiated her BCP effective
1 February 2000 with an expiration of 31 December 2002. The applicant did not receive BCP for the period 10 July 1998 to 31 January 2000. The AMEDD Special Pay Branch cannot initiate BCP for this period; period of arrears exceeds their authority as granted by the Defense Finance & Accounting
(DFAS) - Indianapolis Center. The Chief, AMEDD Special Pay Branch recommends that the applicant receive BCP in arrears for the period 10 July 1998 to 31 January 2000, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 June 1995, for the correct pay rate level.

8. The advisory opinion was furnished to the applicant for review and possible rebuttal. The applicant did not respond within the given time frame.

CONCLUSIONS:

1. The advisory opinion furnished by the Chief, AMEDD Special Pay Branch indicates that the applicant did not receive BCP for the period 10 July 1998 to
31 January 2000. The Chief, AMEDD Special Pay Branch recommends that the applicant receive BCP in arrears for this period, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 June 1995, for the correct pay rate level.

2. Based on the foregoing, the Board determined that the applicant is entitled to
receive BCP for the period 10 July 1998 to 31 January 2000, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 June 1995, for the correct pay rate level.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned received Board Certification Pay in arrears for the period 10 July 1998 to 31 January 2000, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 June 1995, for the correct pay rate level.

BOARD VOTE:

JEV___ BJE_____ WDB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___James E. Vick________
                  CHAIRPERSON




INDEX

CASE ID AR2001052620
SUFFIX
RECON
DATE BOARDED 20010821
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 128.1400
2.
3.
4.
5.
6.


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