RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      26 October 2005
      DOCKET NUMBER:  AR20050011605


      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. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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) based on current policy and procedures.

2.  The applicant states, in effect, that he was scheduled to take the
American Board of Emergency Medicine oral board certification examination
on 13 April 2003.  He had to postpone this examination due to deployment as
the Brigade Surgeon for the 2nd Brigade, 502nd Infantry, 101st Airborne
Division (Air Assault) for Operation Iraqi Freedom for the period 1 March
2003 through February 2004.  His examination was rescheduled for October
2004.  He was notified that he passed the examination and earned board
certification status on 18 November 2004.

3.  The applicant provides a copy of a memorandum for the Office of The
Surgeon General, Special Pay Branch, Subject:  Request for Board
Certification Pay, dated 11 January 2005, prepared by the Military
Financial Manager, US Army Medical Research Institute of Infectious
Diseases, Subject:  Request for Board Certification Pay; a copy of a
memorandum from the Office of The Surgeon General, Subject:  Letter of
Instruction for Medical Board Examinations to be Disseminated to the
Field, dated 4 April 2003; a memorandum from the Office of the Surgeon
General, Subject:  Letter of Instruction (LOI) for Medical Corps Board
Examinations During Global War on Terrorism, dated 4 April 2003; a copy
of a letter addressed to him from the American Board of Emergency
Medicine, dated 14 January 2005; and a copy of a printout from the MMPA
(Master Military Pay Account), current as of 12 September 2005, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 22 September 2005; the
memorandum for the Office of The Surgeon General, Special Pay Branch,
Subject:  Request for Board Certification Pay, prepared by the Military
Financial Manager, US Army Medical Research Institute of Infectious
Diseases, Subject:  Request for Board Certification Pay dated 11 January
2005; and from the letter he received and submitted from the American Board
of Emergency Medicine, dated 14 January 2005.
2.  The American Board of Emergency Medicine provided the applicant a
summary of his activities with the American Board of Emergency Medicine
on 14 January 2005.  In this summary, it was revealed that the applicant
had taken and passed the written certification examination on 28 October
2002.  The applicant had been scheduled for the oral certification
examination on 13 April 2003 but had declined the examination due to his
military deployment.  The applicant's oral examination was rescheduled
for 26 April 2004; however, the applicant withdrew from the examination
due to his extended military deployment.  On 2 October 2004, the
applicant was rescheduled for the oral examination.  He accepted and took
the examination.  The applicant passed the examination and certification
was awarded for the period from 18 November 2004 through 31 December
2014.

3.  In this advisory opinion, the Chief, AMEDD Special Pay Branch, states
that the applicant is requesting retroactive BCP for the period 13 April
2003 through 17 November 2004 due to the applicant's contingency mission
deployment and his inability to take his board certification until he
returned from his mission.  Support was given the applicant's request for
BCP to the date of the initial board certification eligibility date based
on The Office of the Surgeon General's Letter of Instruction (LOI) in
accordance with Title 37, US Code Chapter 5, Section 303b, which waives
certification requirements during contingency operations.

4.  The applicant's military pay account was reviewed.  The Special Pay
Branch took action and initiated payment of BCP to the applicant with an as
of date of 18 November 2004, with an expiration date of 31 December 2014.
The officer did not receive BCP for the period from 13 April 2003 through
17 November 2004.  The Special Pay Branch cannot initiate BCP for the
period from 13 April 2003 through 17 November 2004 because the period of
arrears exceeds the statutory authority granted by the Defense Finance and
Accounting Service (DFAS) – Indianapolis, Center.

5.  The Chief, AMEDD Special Pay Branch, added that the applicant
presented precedence to receive BCP retroactively and it was his
recommendation that the applicant receive BCP in arrears for the period
13 April 2003 through 17 November 2004, utilizing a Health Professions
Pay Entry Date (HPPED) or Finance MS (Medical Services) Pay-Date of 1
July 1999, for the correct pay rate level.

6.  The favorable advisory opinion was forwarded to the applicant for his
acknowledgement and possible rebuttal on 28 September 2005.  The applicant
concurred with the advisory opinion on 29 September 2005.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant received certification by the American
Board of Emergency Medicine on 18 November 2004.

2.  The applicant did not receive BCP for the period 13 April 2003
through 17 November 2004.  The applicant did not receive BCP for this
period due to his contingency mission deployment and his inability to
take his oral board certification examination until he returned from his
mission.

3.  In view of the facts in this case, the applicant is entitled to
payment of BCP in arrears for the period 13 April 2003 through 17
November 2004 utilizing a HPPED Date or Finance MS-Pay-Date of 1
September 1991, for the correct pay rate level.

4.  In view of the foregoing, the applicant's records should be corrected
as recommended below.

BOARD VOTE:

_CVM____  __JEV__  __LB___  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 13 April 2003 through 17 November 2004 utilizing a HPPED or
Finance MS-Pay-Date of 1 September 1991, for the correct pay rate level.




                                  _____James E. Vick_________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050011605                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/26                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  283  |128,0000                                |
|2.                      |128.2300                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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