RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 February 2006
DOCKET NUMBER: AR20060015017
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. Joyce A. Wright
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. David K. Haasenritter
Member
Mr. Ronald D. Gant
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 14 December 2004 to 14 December 2005.
2. The applicant states, in effect, that documents for BCP were forwarded to the U. S. Army Human Resources Command (AHRC)-Alexandria, Special Pay Branch on 4 February 2005.
3. The applicant provides a copy of his board certification packet in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank and pay grade of captain (CPT/O-3).
2. On 14 December 2004, the applicant was certified as a physician assistant by the NCCPA (National Commission on Certification of Physicians Assistants) with an expiration date of 31 December 2005.
3. In the processing of this case, an advisory opinion was requested of the Office of The Surgeon General (OTSG), Chief, AMEDD (Army Medical Department) Special Pay Branch.
4. An opinion was provided on 11 December 2006. The OSTG supported the applicant's request for NPBCP (Non-Physician BCP) based on current policy and procedures. The applicant indicated in his request that he had not received NPBCP for the period 14 December 2004 to 14 December 2005, although he was eligible to receive the entitlement. There was no record of his certification for that period being received by their office for action.
5. The OTSG official stated that a review of the applicant's pay account indicated that their office started the applicant's NPBCP, based on submitted documentation as of 1 January 2006, without expiration. The applicant did not receive NPBCP for the period 1 January 2005 to 31 December 2005, even though official documentation submitted indicated certification during this period. The OTSG could not initiate NPBCP for this period; because the period of arrears exceeded their authority as
granted by the DFAS (Defense Finance and Accounting)-Indianapolis Center. It was recommended that the applicant received NPBCP for the period 1 January 2005 to 31 December 2005, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS (Medical Service) Pay-date of 14 February 1997, for the correct pay rate level.
6. The opinion was forwarded to the applicant for acknowledgement and possible rebuttal on 19 December 2006. He concurred with the opinion on 2 January 2007.
7. In this application to the Board, the applicant requested payment of NPBCP for the period 14 December 2004 to 14 December 2005. The OTSG, in the advisory opinion, did not address that portion of the period from 14 December 2004 through 31 December 2004.
8. On 2 February 2007, an email was provided by the OTSG which informed the Board that the applicant had already received NPBCP for the period 14 December 2004 to 31 December 2004.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was fully qualified to receive NPBCP for the period 14 December 2004 to 14 December 2005, but did not receive NPBCP for the full period.
2. Based on a review of the applicant's certification documentation and military pay account, it was determined the applicant was paid NPBCP for the period 14 December 2004 through 31 December 2004, and was eligible for NPBCP for the period 1 January 2005 to 14 December 2005; however, the OTSG did not receive his certification for that period.
3. The OTSG started the applicant's NPBCP based on documentation received on 1 January 2006, without expiration.
4. The OTSG, AMEDD, Special Pay Branch, could not initiate NPBCP to cover the period from 1 January 2005 to 31 December 2005 because the period of arrears exceeded their authority as granted by the DFAS for payment.
5. In view of the facts in this case, the applicant is entitled to payment of NPBCP in arrears for the period 1 January 2005 to 31 December 2005, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 14 February 1997, for the correct pay rate level.
6. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
_RDG __JCR__ _DKH___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 Non-Physician Board Certification Pay in arrears for the period 1 January 2005 to 31 December 2005, utilizing a Health Professions Pay Entry Date or finance Medical Services-Pay-Date of 14 February 1997, for the correct pay rate level.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to payment of Board Certification Pay in arrears for the period 14 December 2004 through 31 December 2004 since he has been compensated for this period already.
_____Jeffrey C. Redmann__
CHAIRPERSON
INDEX
CASE ID
AR20060015017
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070208
TYPE OF DISCHARGE
DATE OF DISCHARGE
ACTIVE DUTY
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
128
2.
3.
4.
5.
6.
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