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ARMY | BCMR | CY2001 | 2001063520C070421
Original file (2001063520C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 April 2002
         DOCKET NUMBER: AR2001063520


         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Elzey J. Arledge, Jr. Member
Mr. Richard T. Dunbar 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 that his Board Certification Pay (BCP) start date be changed from 25 October 2000 to 5 May 2000.

3. The applicant states that his BCP was started on the wrong date. He became Board certified in general dentistry on 5 May 2000.

4. In support of his request he submits a copy of a certificate showing that he was board certified in general dentistry on 5 May 2000.

5. The applicant’s military records show that he is currently serving on active duty as a major and performs duties as a dentist.

6. In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The OTSG stated that it appears that the applicant did not realize the appropriate procedures to start BCP based on the fact that he did not submit a request for the pay until 24 October 2000. The OTSG adds that he was, in fact, eligible for BCP on 5 May 2000. The OTSG recommends approval of the applicant’s request. The applicant was provided a copy of this advisory opinion and given the opportunity to submit any comments he may have. The applicant did not submit any additional comments or evidence.

7. A member of the staff of the Board determined that additional information was required, and so contacted the applicant. In response to the question why he didn’t submit his BCP application in a timely fashion, the applicant responded that he had received the packet when he was changing duty stations from Italy to Command and General Staff College (C&GSC). Between the extra demands on his time inherent with an international move, and the demands placed on him upon his arrival to C&GSC, he was unable to complete the BCP packet and return it prior to its due date.

CONCLUSIONS:

1. The applicant was eligible to BCP by virtue of his Board certification in general dentistry.

2. While it is not and has never been the Board’s desire to excuse a soldier from taking required actions in a timely manner, the applicant has submitted a viable explanation for his delay in completing his BCP packet. An overseas move is work intensive, as is C&GSC.

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 changing the BCP start date of the individual concerned from 25 October 2000 to 5 May 2000.

BOARD VOTE:

________ ________ ____eja _ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

___rtd ___ ___mkp _ ________ DENY APPLICATION




                  __________Margaret K. Patterson_____
                  CHAIRPERSON




INDEX

CASE ID AR2001063520
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020411
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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