RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060012888
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.
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 he be given Board Certification Pay (BCP) from the date of his Board certification on 30 November 2001.
2. The applicant states that after he was board certified he asked for BCP. However, he was told he wasnt eligible for BCP because he hadnt completed his residency. He later discovered that he was, in fact, eligible for BCP and was then approved for BCP. However, they could not pay him retroactive BCP prior to 1 March 2005.
3. The applicant provides his board certification certificate showing that he was board certified effective 30 November 2001.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving on active duty as a major when he submitted his application to the Board.
2. In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The OTSG stated that the applicable Department of Defense Instruction (DODI) is specific on the requirements for BCP. Based on that criteria, the applicant established eligibility for BCP on 30 November 2001 but did not begin receiving BCP before 1 March 2005. The OTSG recommends the Board authorize BCP for the applicant for the period 30 November 2001 to 28 February 2005. The applicant was furnished this advisory opinion and concurred with the OTSGs recommendation.
DISCUSSION AND CONCLUSIONS:
1. The applicant was fully eligible for BCP on 30 November 2001, but because of a misinterpretation of the governing DODI, he was not able to receive this pay for the period prior to 1 March 2005.
2. It would be in the interest of justice to grant the applicant BCP effective from the date he became board certified to the date his BCP began.
BOARD VOTE:
____lds__ ____jcr__ ____swf_ 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 showing he was approved for BCP on 30 November 2001 and by paying to him BCP from that date.
______Linda D. Simmons_______
CHAIRPERSON
INDEX
CASE ID
AR20060012888
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070405
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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