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ARMY | BCMR | CY2004 | 20040011000C070208
Original file (20040011000C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040011000


      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. David S. Griffin              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that she be given Non-Physician
Board Certification Pay (NPBCP) for the period 10 February 1996 to 31
December 2002.

2.  The applicant states, in effect, that she met the criteria for NPBCP on

1 April 1985.

3.  The applicant provides a copy of her:

      a.  Application Form For Board Certification Pay that shows she was
board certified effective 1 April 1985 as an Adult Nurse Practitioner and
that she received a Master of Science Degree in nursing on 21 December
1979.  The clinical focus/specialty for the degree was Advance Practice
Nurse.

      b.  Leave and Earning Statements (LES) for the periods 1-31 October
2003 and 1-30 November 2003;

      c.  LESs for the periods 1-31 December 2003 and 1-31 January 2004, on
which she noted that her years of creditable service was incorrect.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that she was commissioned as a
first lieutenant in the Army Nurse Corps (ANC) U.S. Army Reserve (USAR) on
30 June 1976 and ordered to active duty, effective 8 July 1976, for a
period
of 2 years.  The applicant was released from active duty and assigned to a
USAR unit on 15 December 1978.  She had completed 2 years, 5 months and 8
days of active service that was characterized as honorable.

2.  On 6 June 1980, the applicant was ordered to active duty in the grade
of captain, effective 25 June 1980, for a period of 3 years.  On 11 January
1983, the applicant's request, submitted on 27 July 1982, to remain on
active duty for an indefinite period was approved by the appropriate
authority.

3.  Effective 1 September 1986, the applicant was promoted to major.  The
applicant was commissioned as a major in the ANC, U.S. Army (RA) on
17 March 1989.  The applicant was promoted to lieutenant colonel, effective

1 June 1992, and to colonel effective 1 February 1998.

4.  The applicant is currently serving on active duty as a colonel.

5.  The applicant has indicated that her years of creditable service is not
correct.  The applicant has not exhausted her administrative remedies
concerning this issue.  If the applicant believes that her pay entry base
date or active service base date are incorrect on her Officer Record Brief
(ORB) she must first follow the procedures outlined in Table 4-1 (Update
Procedures for ORB) of Army Regulation 600-8-104 (Military Personnel
Information Management/Records).  If she is unable to obtain relief she can
reapply to the Army Board for Correction of Military Records (ABCMR).  This
issue will not be discussed further in these Proceedings.

6.  In the processing of this case an advisory opinion was obtained from
the Office of The Surgeon General (OTSG).  The OTSG stated that NPBCP was
first authorized in the U.S. Army Medical Department (AMEDD) for specific
specialties of registered nurses who met the eligibility criteria effective

10 February 1996.  OTSG's review of the applicant's pay account showed that
her NPBCP was started effective as of 1 January 2003, with an expiration of

31 March 2005.  The applicant did not receive NPBCP for the period 10
February 1996 to 31 December 2002.

7.  The OTSG opined that the Army Nurse Corps Branch, Human Resource
Command reviewed the documentation submitted and contained in the
applicant's Career Management Information File (CMIF) and they concurred
that the applicant was eligible for NPBCP for the period requested.

8.  The OTSG recommends the applicant receive NPBCP in arrears for the
period 10 February 1996 to 31 December 2002.  However, the period of
arrears exceeds the OTSG's authority to initiate.

9.  The applicant was provided a copy of this opinion and given 30 days to
submit matters in rebuttal; however, the applicant has not responded.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible for NPBCP on 10 February 1996, but the
OTSG cannot initiate NPBCP for that period because it exceeds their
authority to grant.

2.  The applicant met the criteria for this pay from 10 February 1996 to
31 December 2002 and therefore, it would be in the interest of justice to
grant her request.

BOARD VOTE:

___reb___  ____lf __  ___lmd__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 by
paying to her NPBCP for the period 10 February 1996 to 31 December 2002.




                                  __________Ronald E. Blakely______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011000                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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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