RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 September 2005
DOCKET NUMBER: AR20050001502
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. Stephanie Thompkins
Analyst
The following members, a quorum, were present:
Mr. Lester Echols
Chairperson
Mr. Paul M. Smith
Member
Mr. Leonard C. Hassell
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, retroactive award of Board Certification Pay (BCP) from 11 July 1998 through 31 December 2003.
2. The applicant states that he has maintained board certification in Family Practice at all times since his initial certification in July 1991. In July 1997, he took his recertification examination in Family Practice and passed. This information was provided to Womack Army Medical Center personnel at the time of renewal of his multi-year contract. This information was not forwarded to the US Total Army Personnel Command and his BCP was ended on 11 July 1998.
3. The applicant provides copies of his recertification letter from the American Board of Family Practice, his Recertifications for the years 19972004 and 2003-2010, his Physician Portfolio, his leave and earning statements from June 1998 through August 1998 and November and December 2004, and his Special Pay Records Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records were not submitted to the Board. Information herein was obtained from the advisory opinion rendered by the Chief, Army Medical Department (AMEDD) Special Pay Branch, Falls Church, Virginia, that shows the applicant did not receive BCP for the period 11 July 1998 through 31 December 2003 even though official documentation indicates certification during this period and eligibility for the entitlement.
2. In the advisory opinion, dated 18 February 2005, the Chief, AMEDD Special Pay Branch, stated that there was no record of the applicant's certification for the period July 1998 through December 2003 having been received by that office for action. A review of the applicant's military pay account indicates that office started the applicant's BCP as of 1 January 2004 with an expiration date of 31 December 2010.
3. The Chief opined that the applicant did not receive BCP for the period 11 July 1998 through 31 December 2003. The AMEDD Special Pay Branch office cannot initiate BCP for this period because the period of arrears exceeds their authority as granted by the Defense Finance and Accounting System (DFAS) Indianapolis Center. In view of the foregoing, it was recommended the applicant receive BCP in arrears for the period 11 July 1998 through 31 December 2003, utilizing a Health Professions Pay Entry Date or finance Medical Services-Pay-Date of 19 June 1988, for the correct pay rate level.
4. The opinion was forwarded to the applicant for acknowledgement and possible rebuttal on 7 March and he concurred with the opinion on 21 March 2005.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was fully eligible for entitlement to BCP for the period 11 July 1998 through 31 December 2003 but did not receive BCP for this period.
2. Based on a review of the applicant's certification documentation and military pay account, it was determined that BCP had not been received for the period 11 July 1998 through 31 December 2003. The Special Pay Branch took action and initiated BCP as of 1 January 2004 with an expiration date of 31 December 2010. However, that office could not initiate BCP to cover the period from 11 July 1998 through 31 December 2003 because the period of arrears exceeded their authority as granted by DFAS for payment.
3. In view of the facts in this case, the applicant is entitled to payment of BCP in arrears for the period 11 July 1998 through 31 December 2003 utilizing a Health Professions Pay Entry Date or finance Medical Services-Pay-Date of 19 June 1988, for the correct pay rate level.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
__LE____ __LH___ ___PMS__ 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 awarding the applicant payment of BCP in arrears for the period 11 July 1998 through 31 December 2003 utilizing a Health Professions Pay Entry Date or finance Medical Services-Pay-Date of 19 June 1988, for the correct pay rate level.
__Lester Echols______
CHAIRPERSON
INDEX
CASE ID
AR20050001502
SUFFIX
RECON
DATE BOARDED
2005/09/29
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
128.00
2.
128.01
3.
4.
5.
6.
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