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ARMY | BCMR | CY2005 | 20050014415C070206
Original file (20050014415C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       22 November 2005
      DOCKET NUMBER:  AR20050014415


      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. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric Anderson                 |     |Member               |
|     |Mr. Joe Schroeder                 |     |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) backdated to an effective date of 27 June 2003.

2.  The applicant states, in effect, that she was entitled to medical
board certification pay beginning on 27 June 2003 because, that is the
day she became privileged to practice as a certified nurse midwife at
Womack Army Medical Center, Fort Bragg, North Carolina.

3.  The applicant provides a copy of DFAS Form 702, Defense Finance and
Accounting Service Military Leave and Earnings Statement, for the period
1-30 September 2005; and a copy of her Application Form for Board
Certification Pay, with a verified date of 23 June 2004 and a final
verification date of 2 June 2005; in support of her 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 2 November 2005, and from
the Application Form for Board Certification Pay submitted by the applicant
in support of her request for payment of BCP.

2.  The Application Form for Board Certification Pay submitted by the
applicant shows she is board certified by the American College of Nurse-
Midwives, in the specialty of nurse midwife, with an effective date of 27
June 2003.  She holds a certificate that is good until 31 December 2011.
This form also shows that she received a master degree in nursing from East
Carolina University on 10 May 2003.

3.  The applicant was privileged to practice as a nurse midwife at Womack
Army Medical Center on 27 June 2003.

4.  In this advisory opinion, the Chief, AMEDD Special Pay Branch, states
that the applicant indicates she has not received BCP for the period 10 May
2003 through 30 September 2004, even though she was eligible for this
entitlement.
5.  The Chief, AMEDD Special Pay Branch, adds that there is no record of
receipt of a request for certification pay for the above period being
received by his office before this petition.

6.  The applicant's military pay account was reviewed.  Her military pay
account indicates his office started the officer's BCP based on submitted
documentation with an as of date of 1 October 2004, with an expiration date
of 31 December 2011.  He reiterates that the officer did not receive BCP
for the period 10 May 2003 through 30 September 2004 even though official
documentation submitted indicates certification during this period.

7.  That office, the Chief stated, cannot initiate BCP for this period
because the period in arrears exceeds the authority granted by the Defense
Finance and Accounting System – Indianapolis Center.  The Chief recommended
that the applicant receive BCP in arrears for the period 10 May 2003
through 30 September 2004, utilizing a Health Professions Pay Entry Date
(HPPED) or finance MS (Medical Services) Pay-Date of 10 May 2003, for the
correct pay rate level.

8.  The favorable advisory opinion was forwarded to the applicant for her
acknowledgement and possible rebuttal on 8 November 2005.  The applicant
responded and concurred with the advisory opinion on 14 November 2005.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant received certification by the American
Board of Pathology on 17 May 1995.

2.  The evidence shows that the applicant did not receive BCP for the
period 1 September 2000 through 29 February 2004 even though he was fully
qualified and eligible to receive BCP during this period.

3.  In view of the facts in this case, the applicant is entitled to
payment of BCP in arrears for the period 1 September 2000 through 29
February 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:

_TAP___  __JRS__  __ENA___  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 10 May 2003
through 30 September 2004 utilizing a HPPED or finance MS-Pay-Date of
10 May 2003, for the correct pay rate level.




                                  _______Thomas Pagan____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014415                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/22                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  283  |128.0000                                |
|2.   297                |128.1400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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