| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. George D. Paxson | Member | |
| Mr. Charles Gainor | Member |
APPLICANT REQUESTS: In effect, that her records be corrected to show entitlement to back Board Certification Pay (BCP) for the period 1 July 1996 to the present.
APPLICANT STATES: That she received her BCP on 1 May 2001 for one year only. She provided a copy of her Board Certification in Family Practice for the period 1996 – 2003.
EVIDENCE OF RECORD: The applicant's military records show:
In July 1996, the applicant became board certified in family practice. Her certification is valid through 2003.
On 12 October 2001, the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG) opined that the applicant did not execute a contract for BCP until 2001. At that time, the AMEDD authorized BCP for one-year in arrears, effective 24 April 2000. It was confirmed that she did not request BCP starting in 1996 and that she had been credited for BCP entitlement for the period starting 24 April 2000, by the AMEDD. The Chief, AMEDD Special Pay Branch commented that “Although not stated, it appears officer did not realize the appropriate procedures required to start BCP, and there is no record of her certification being forwarded to or received by this office for action”. Based on the current policy and procedures, the AMEDD supported her request and recommended that she be paid for the period 1 July 1996 through 23 April 2000.
On 14 November 2001, the OTSG opinion was provided to the applicant for her acknowledgement/rebuttal. On 16 November 2001, she concurred with the OTSG opinion.
Department of the Army Messages concerning BCP by the OTSG on Army Medical Corps (MC) Office Special and Incentive Pay Policy, Plan and Rates, indicate that BCP is paid monthly to MC officers who have been certified by an American Board of Medical Specialties. Payment varies with years of service; however, in this case the annual rate is $2,500. A contract is not required; however, the board certification is required to be provided to the AMEDD.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:
1. The evidence of record clearly shows the applicant did not provide the OTSG with the necessary board certification documentation until 2001.
2. The applicant, in effect, failed to provide board certification to the proper office in a timely manner to effect the pay she now desires until 2001. The Defense Finance and Accounting Service has granted the authority to authorize BCP for only 1 year in arrears. The OTSG authorized maximum payment of one-year in arrears, effective 24 April 2000 in the applicant’s case. She has not shown entitlement to BCP for the period 1 July 1996 to 23 April 2000.
3. Notwithstanding the OTSG opinion, the applicant has not shown error, injustice or inequity for the relief she has requested. The policy regarding BCP is
clearly stated and shows no exceptions. Also, the board concludes the applicant knew or should have known of the requirements for the BCP and applied accordingly. It also notes that she was entitled to the BCP upon her application in 2001.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
_cg_____ _gdp___ _jhl____ DENY APPLICATION
| CASE ID | AR2001060265 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020425 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.16 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080011484
The applicant requests that his record to be corrected to show his board certification in General Surgery and Vascular Surgery and requests applicable Board Certification Pay (BCP). The advisory opinion recommended that the applicant receive BCP in arrears for the period commencing "20030921" and expiring "20100701" utilizing a Health Professional Pay Entry Date (HPPED) or finance MS-Pay Date of "19970920" for the correct pay rate level. Since the board certifications in General Surgery...
ARMY | BCMR | CY2001 | 2001053562C070420
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. APPLICANT REQUESTS: That she receive Non-Physician Board Certification Pay (NPBCP) for the period April 1999 to present. The authority to grant award of NPBCP to nurse practitioners is based on completion of a post Baccalaureate Degree, proof of board certification and evidence of a privilege to practice.
ARMY | BCMR | CY2001 | 2001052620C070420
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. The applicant requests, in effect, that she receive Board Certification Pay (BCP) for the period 10 July 1998 to 31 January 2000. 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...
ARMY | BCMR | CY2002 | 2002068553C070402
The applicant requests, in effect, that she receive Board Certification Pay (BCP) for the period 1 August 2000 to 28 February 2001. The advisory opinion points out that it appears the applicant did not realize the appropriate procedures required to start BCP, and there is no record of board certification being forwarded to or received by the AMEDD Special Pay Branch for action by her military personnel office. That all of the Department of the Army records related to this case be corrected...
ARMY | BCMR | CY2005 | 20050014415C070206
The applicant's military records were not submitted to the Board. Information herein was obtained from the advisory opinion provided by the Office of the Surgeon General, Chief, Army Medical Department (AMEDD) Special Pay Branch, Falls Church, Virginia, dated 2 November 2005, and from the Application Form for Board Certification Pay submitted by the applicant in support of her request for payment of BCP. That office, the Chief stated, cannot initiate BCP for this period because the period...
ARMY | BCMR | CY2009 | 20090014084
IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090014084 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his records be corrected to show his specialty board certification date as 6 June 2007 and that he be authorized and provided Board Certification Pay (BCP) from that date. Therefore, it would be appropriate to correct the applicant's record to show he was authorized to receive BCP for the period 6 June 2007 through 16 July 2008,...
ARMY | BCMR | CY2011 | 20110004814
The applicant states his record shows he ceased being board certified on 31 December 2006. The evidence shows he was board certified on 29 July 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he submitted his documentation for continuous board certification for Board Certification Pay beyond 31 December 2007 in a timely manner; and b. paying him retroactive Board Certification Pay for the period 1...
ARMY | BCMR | CY2003 | 2003088781C070403
The applicant requests that his records be corrected to show entitlement to Board Certification Pay (BCP) for the period 17 May 2000 to 28 February 2002. The evidence of record shows that the applicant was certified as a radiologist on 17 May 2000. Based on the advisory opinion from the OTSG, the applicant was eligible for BCP from 17 May 2000 to 28 February 2002, which he did not receive.
ARMY | BCMR | CY2007 | 20070010721C080213
The AMEDD Special Pay Branch confirmed that the applicant did not receive BCP for the period 1 January 2003 through 15 May 2006 even though official documentation submitted indicates certification during this period. That Branch restarted her BCP as of 16 May 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying to her board certification pay for the period to 1 January 2003 through 15 May 2006 utilizing a Health...
ARMY | BCMR | CY2007 | 20070010721
The AMEDD Special Pay Branch confirmed that the applicant did not receive BCP for the period 1 January 2003 through 15 May 2006 even though official documentation submitted indicates certification during this period. That Branch restarted her BCP as of 16 May 2006. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying to her board certification pay for the period to 1 January 2003 through 15 May 2006 utilizing a Health...