RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       27 September 2007
      DOCKET NUMBER:  AR20070010643


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 specialty pay for a
period of approximately one year.

2.  The applicant states, in effect, that according to a memorandum from
the Deputy Surgeon General, dated 4 April 2003, he is eligible for
retroactive board pay.  He was deployed in Iraq in Operation Iraqi Freedom
(OIF) when he was eligible to take his specialty boards but he elected not
to take them due to operational requirements.  He passed the board
examination at the next available date, 7 November 2004, which is confirmed
in one of the documents he submitted.  Therefore, he is seeking retroactive
specialty pay for a period of approximately one year.

3.  The applicant provides a copy of letters addressed to him from the
American Board of Emergency Medicine, dated 21 December 2004, 13 January
2005, 2 September 2005, and 16 November 2006; a copy of a Memorandum for
Record, Subject:  Memorandum of Service in CENTCOM AOR, dated 21 August
2005; a copy of a Memorandum for Record, Subject:  Letter of Instruction
(LOI) for Medical Board Examinations to be Disseminated to the Field, dated
4 April 2003; a copy of a Memorandum for Record, Subject:  Letter of
Instruction (LOI) for Medical Corps Board Examinations During Global War on
Terrorism; and a copy of his DA Form 4037 (Officer Record Brief (ORB)),
with a brief date of
2 August 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's ORB shows he is a Regular Army Medical Corps Major
assigned to the 121st Medical Unit, Yongsan, Korea.

2.  The applicant provides a copy of a Memorandum for Record, Subject:
Memorandum of Service in CENTCOM AOR which shows he was deployed to Iraq
with Headquarters and Headquarters Troop, 3rd Armored Cavalry Regiment, on
6 March 2005, in support of Operation Iraqi Freedom.  The applicant's ORB
shows he returned from Iraq on 27 February 2006.

3.  In the letter addressed to the applicant from the American Board of
Emergency Medicine, dated 21 December 2004, he was informed he had
successfully completed the written certification examination that he had
taken on 7 November 2004.  He was advised because he had successfully
completed the written certification examination, he would be scheduled for
an oral certification examination.
4.  On 13 January 2005, the applicant was notified by the American Board of
Emergency Medicine that a seat had been reserved for him to take the Fall
2005 oral certification examination.  He was scheduled to take the
examination on 10 October 2005.

5.  In August 2005, a letter was written in behalf of the applicant to the
American Board of Emergency Medicine requesting that he be assigned to the
Fall 2006 oral certification examination due to his deployment in Iraq at
the time.

6.  On 16 November 2006, the American Board of Emergency Medicine advised
the applicant he had successfully completed the oral certification
examination and was certified as a Diplomate of the American Board of
Emergency Medicine. He was also informed that Certification was for a
period of 10 years and that the dates of his certification were 16 November
2006 through 31 December 2016.

7.  On 4 April 2003, the Office of The Surgeon General prepared and
distributed a Memorandum for Record, Subject:  Letter of Instruction
(LOI) for Medical Corps Board Examinations During Global War on
Terrorism.  This LOI was distributed under cover of the Memorandum for
Record, Subject:  Letter of Instruction (LOI) for Medical Board
Examinations to Be Disseminated to the Field, dated 4 April 2003.  The
purpose of these memoranda was to prescribe the policy and procedures for
Calendar Year (CY) 2003 medical specialty board examinations for Medical
Corps Officers either Professional Filler System (PROFIS), or deployed in
support of the Global War on Terrorism (GWOT).

8.  In the processing of this case, an advisory opinion was requested on 2
August 2007 from the Office of The Surgeon General.

9.  On 27 August 2007, the Chief, Army Medical Department Special Pay
Branch, provided the ABCMR an advisory opinion.  In his reply, the Chief,
Army Medical Department Special Pay Branch, advised this Board his office
had started the applicant's BCP upon receipt of the notice from the
American Board of Emergency Medicine that the applicant had successfully
completed the oral certification examination was certified as a Diplomate
of the American Board of Emergency Medicine.  The Chief, Army Medical
Department Special Pay Branch, further advised the Board the applicant
had not received BCP for the period 16 November 2005 through 15 November
2006, based on his request and the stated policy.  He added that his
office could not initiate BCP for this period since the period of arrears
exceeded their authority as granted by the Defense Finance and Accounting
Service (DFAS) – Indianapolis Center.

10.  The special pay branch official recommended approval for payment in
arrears of the BCP for the period 16 November 2005 through 15 November
2006 utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-
Pay-Date of 16 July 2000.

11.  The advisory opinion was forwarded to the applicant for his
information and possible comment on 30 August 2007.  The applicant did not
respond within the specified time frame.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant successfully completed the written
certification examination on 7 November 2004.

2.  He was advised he would be scheduled to take his oral certification
examination in the Fall of 2005.  He was scheduled to take the examination
on 10 October 2005.

3.  At the time the applicant was scheduled for his oral certification
examination, he was deployed in support of Operation Iraqi Freedom.

4.  In August 2005, a letter was written in his behalf to the American
Board of Emergency Medicine requesting that he be assigned to the Fall 2006
oral certification examination due to his deployment in Iraq at the time.

5.  After having taken his oral certification examination in the Fall of
2006, the American Board of Emergency Medicine advised the applicant he
had successfully completed the examination and was certified as a
Diplomate of the American Board of Emergency Medicine.  Certification, he
was advised, was for a period of ten years.  The dates of his
certification are 16 November 2006 through 31 December 2016.

6.  The applicant's BCP was started by the Special Pay Branch, Office of
The Surgeon General, upon receipt of the notice from the American Board of
Emergency Medicine that the applicant had successfully completed the oral
certification examination and was certified a Diplomate of the American
Board of Emergency Medicine.

7.  The Chief, Army Medical Department Special Pay Branch, advised the
Board the applicant had not received BCP for the period 16 November 2005
through 15 November 2006 and added that his office could not initiate BCP
for this period
since the period of arrears exceeded their authority as granted by the
Defense Finance and Accounting Service (DFAS) – Indianapolis Center.  The
Chief, Army Medical Department Special Pay Branch, recommended the
applicant receive BCP, in arrears, for the period 16 November 2005 through
15 November 2006 utilizing a Health Professions Pay Entry Date (HPPED) or
finance MS-Pay-Date of 16 July 2000.

BOARD VOTE:

__RTD___  __CD___  __EM___  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 paying the applicant board certification pay, in arrears,
for the period 16 November 2005 through 15 November 2006 utilizing a
HPPED or finance MS-Pay-Date of 16 July 2000, for the correct pay rate
level.




                                  _____Richard T. Dunbar____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070010643                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.0000                                |
|2.                      |128.1400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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