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ARMY | BCMR | CY2002 | 2002068553C070402
Original file (2002068553C070402.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 May 2002
         DOCKET NUMBER: AR2002068553


         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:

Ms. Jennifer L. Prater Chairperson
Ms. Barbara J. Ellis Member
Mr. Thomas Lanyi 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 1 August 2000 to 28 February 2001.

3. The applicant states that she has not received her BCP which should have begun in August 2000. In support of her application, she submits verification of certification status; a copy of her board certification in Internal Medicine; a letter, dated 18 October 2000, from the American Board of Internal Medicine which announces her certification in Internal Medicine; and a copy of the 2000 Internal Medicine Certifying Examination Scores Report, dated 18 October 2000.

4. The applicant’s military records show that she was commissioned as a Reserve officer in the Medical Corps. She was promoted to captain on 6 June 1997 and ordered to active duty on 13 June 1997 to fulfill her active Army requirement.

5. The applicant provided a certificate from the American Board of Internal Medicine which shows that she met the requirements of the American Board of Internal Medicine and was certified by that board. The period of certification is effective from 2000 through 2010. She also provided a letter, dated 18 October 2000, from the American Board of Internal Medicine which states that she passed the August 2000 Certification Examination and was certified as a Diplomate in Internal Medicine.

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 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. The opinion also points out that a review of the applicant’s pay account shows that the AMEDD Special Pay Branch initiated her BCP effective 1 March 2001 with an expiration of 31 December 2010. The applicant did not receive BCP for the period 1 August 2000 to
28 February 2001. 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 1 August 2000 to 28 February 2001, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 6 June 1997, 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 1 August 2000 to
28 February 2001. 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 6 June 1997, 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 1 August 2000 to 28 February 2001, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 6 June 1997, 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 1 August 2000 to 28 February 2001, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 6 June 1997, for the correct pay rate level.

BOARD VOTE:

JLP____ BJE_____ TL______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Jennifer L. Prater____
                  CHAIRPERSON




INDEX

CASE ID AR2002068553
SUFFIX
RECON
DATE BOARDED 20020521
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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