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ARMY | BCMR | CY2006 | 20060006799C070205
Original file (20060006799C070205.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20060006799


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J.N. Troup              |     |Member               |
|     |Mr. William F. Crain              |     |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 receive Non-Physician Board
Certification Pay (NPBCP) for the period 1 November 2004 to 31 March 2005.

2.  The applicant states, in effect, that she renewed her certification as
a Family Nurse Practitioner in October 2004 and updated her Army personnel
records to reflect her current certification; however, payment of her NPBCP
stopped.  She adds that email messages (dating back to July 2005) that were
generated during her efforts to resolve this matter are not available
because they were either lost or deleted from her computer.  She also
states, in effect, that the process to reinstate her NPBCP took until March
2006 and back-pay was awarded for the maximum period of 12 months; however,
she is still due NPBCP for the period
1 November 2004 through 31 March 2005.

3.  The applicant provides a copy of an American Nurses Credentialing
Center, Silver Spring, Maryland, Verification of Recertification, dated 30
November 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that she initially
entered active duty in the grade of second lieutenant as an Army nurse for
a period of 4 years on 18 July 1989.  At the time the applicant submitted
her application to the Army Board for Correction of Military Records
(ABCMR) she was serving on active duty as an Army nurse in the grade of
rank of lieutenant colonel.

2.  In support of her application, the applicant provides a copy of an
American Nurses Credentialing Center, Silver Spring, Maryland, letter,
dated 30 November 2005, subject:  Verification of Recertification.  This
document shows, in pertinent part, that it is offered to serve as
verification that the applicant was recertified as a Family Nurse
Practitioner with the American Nurses Credentialing Center from 1 November
2004 to 31 October 2009.

3.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office
of The Surgeon General, Falls Church, Virginia, dated 14 June 2006.  The
advisory opinion states that a review of the applicant's military pay
account indicates that the Special Pay Branch started her NPBCP (based upon
the submission of data by the Army Nurse Corps Branch, U.S. Army Human
Resources Command, Alexandria, Virginia), effective 1 April 2005, with an
expiration date of 31 October 2009.  The advisory opinion also states that
the applicant did not receive NPBCP for the period 1 November 2004 through
31 March 2005, even though the official documentation submitted by the
applicant indicates certification during this period.  However, the AMEDD
Special Pay Branch adds that it can not initiate NPBCP for the period of
arrears because it exceeds the authority granted to it by the Defense
Finance and Accounting Service (DFAS).  The advisory opinion concludes that
it recommends the applicant receive the NPBCP in arrears for the period 1
November 2004 through 31 March 2005, utilizing a Health Professions Pay
Entry Date (HPPED) or finance MS-Pay-Date of 13 October 1999, for the
correct pay rate level.

4.  On 20 June 2006, a copy of the advisory opinion was furnished to the
applicant in order for her to have the opportunity to reply to its
contents.  On
29 June 2006, the applicant indicated that she concurred with the advisory
opinion rendered in her case.

5.  Title 37, United States Code, Sections 301 and 302, provide for
multiyear retention bonuses and special pays for medical officers and
health professionals of the armed forces and, in pertinent part, state that
Board Certification Pay (BCP) is paid monthly to all board certified
Medical Corps officers based upon their date of board certification and
their creditable service used to establish the HPPED.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that she recertified her eligibility
for NPBCP in October 2004 and updated her Army personnel records; however,
for unknown reasons her NPBCP was stopped.  She also contends, in effect,
that her entitlement to NPBCP was reinstated in March 2006, with an
effective 1 April 2005, and that she has been paid NPBCP from that date to
the present; however, she is due NPBCP for the period 1 November 2004 to 31
March 2005.

2.  The evidence of record shows that the applicant was credentialed as a
Family Nurse Practitioner from 1 November 2004 through 31 October 2009,
which includes the period of time in question in this case.

3.  The evidence of record shows that the applicant was paid NPBCP for the
period 1 April 2005 through the present and has been authorized future
payment through 31 October 2009.  However, the evidence of record also
indicates that the applicant was not paid NPBCP for the period 1 November
2004 through
31 March 2005.

4.  The AMEDD Special Pay Branch advisory opinion states that it supports
the applicant's request for NPBCP based on current policy and procedures.
It also recommends the applicant be paid NPBCP in arrears for the period 1
November 2004 through 31 March 2005 based on a HPPED of 13 October 1999.

5.  Based on the foregoing, it is determined that in the interest of
justice the applicant is entitled to NPBCP for the period 1 November 2004
through 31 March 2005.  Therefore, her records should be corrected to show
entitlement to this pay.

BOARD VOTE:

___WDP_  __MJNT__  _WFC__  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:

      a.  showing the applicant is certified and authorized NPBCP for the
period 1 November 2004 through 31 October 2009;

      b.  authorizing NPBCP in arrears for the period 1 November 2004
through 31 March 2005; and

      c.  the DFAS pay her the NPBCP in arrears for the period 1 November
2004 through 31 March 2005, utilizing a HPPED or finance MS-Pay-Date of
13 October 1999 for the correct pay rate level.




                                     _William D. Powers___
                                         CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060006799                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.1700.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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