IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20070018734 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that she be given Non-Physician Board Certification Pay (NPBCP) for the period 1 September 2003 to 30 April 2004.

2.  The applicant states that she received NPBCP since her original board certification; however, after transferring from one duty station to another in September 2003, the payments stopped without notice.  She further states that she did not notice the error because her work hours were long and there was no time off for military business.  She also states that when she noticed the error, she notified the military pay office at Fort Hood, Texas.  Her NPBCP picked up again on 1 May 2005 and she was also reimbursed for the previous 12 months only.  

3.  The applicant provides the following additional documentary evidence in support of her application:

	a.  American Nurses Credentialing Center, Board Certification as a Family Nurse Practitioner for the period 1 September 2003 to 31 August 2008.   

	b.  Leave and Earnings Statements (LES) for the periods 1-31 August 2003 to 1-31 May 2005. 

	c.  Internet printout titled Board Certification Pay for Non-Physician Health Care Providers, dated 6 September 1995. 
4.  On 23 April 2008, the applicant submitted her American Nurses Credentialing Center, Board Certification as a Primary Care in Adult and Family Health Nursing for the period 1 September 1998 to 31 August 2003.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show that she was commissioned as a captain in the Army Nurse Corps (ANC), U.S. Army Reserve (USAR) on 8 October 1999 and ordered to active duty, effective 8 July 2000, for a period of 4 years.  She remained on active duty as a Regular Army officer and was promoted to the rank of major on 1 June 2005.  She was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 31 July 2007. 

3.  The applicant's records show that she was issued Board Certification as a Primary Care in Adult and Family Health Nursing for the period 1 September 1998 to 31 August 2003, by the American Nurses Credentialing Center, and as such, she qualified to receive monthly NPBCP.  

4.  The applicant's LES for the period 1-31 August 2003, shows that she received NPBCP in the amount of $166.66 for the month of August 2003.  However, her LES for the period 1-30 September 2003, shows that her NPBCP was stopped effective 1 September 2003. 

5.  The applicant's LES for the period 1-31 May 2005 shows that her NPBCP was restarted effective 1 May 2005, and that she received a total of $1,999.92 worth of NPBCP for the period 1 June 2004 to 31 May 2005.

6.  The applicant stated that her local military pay office could only reimburse her the previous 12 months, thus leaving the period 1 September 2003 to 31 May 2004 unpaid.
7.  In the processing of this case an advisory opinion was obtained on 2 May 2008 from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG).  The Chief stated that a review of the applicant's military pay account indicated that the Office of the Surgeon General started NPBCP upon receipt of data, effective 1 June 2004, with an expiration date of 31 July 2007, the date the applicant was discharged.  Furthermore, the applicant did not receive her NPBCP for the period 1 September 2003 to 31 May 2004.  The Chief opined that the OTSG did not have the authority to authorize pay retroactively for the period in question and recommended that the Board exercise its authority in granting the applicant NPBCP in arrears for the period 1 September 2003 to 31 May 2004, utilizing a Health Professions Pay Entry Date (HPPED) or Finance MS-Pay-Date of 3 November 2000, for the correct pay rate level. The applicant was furnished a copy of the advisory opinion on 7 May 2008.  She concurred on 12 May 2008.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was fully eligible for NPBCP during the period 1 September 2003 until her discharge from the Army; however, due to an administrative oversight, her NPBCP was stopped effective 1 September 2003.  Her local military pay office restarted her NPBCP effective 1 June 2004 and paid her the monthly allowance until her discharge on 31 July 2007.  This resulted in non-payment of the monthly allowance from 1 September 2003 to 31 May 2004.

2.  Furthermore, the OTSG verified the applicant's entitlement for NPBCP during the period in question, but was unable to initiate NPBCP for that period because it exceeds their authority to grant.  Therefore, since the applicant met the criteria for this pay from 1 September 2003 to 31 May 2004, it would be in the interest of justice to grant her request.

BOARD VOTE:

__xxx___  __xxx___  __xxx___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was authorized NPBCP for the period of 1 September 2003 to 31 May 2004 with entitlement to all back pay and allowances that result from this retroactive authorization, utilizing an HPPED or finance MS-Date of 3 November 2000 for the correct pay rate.


							XXX
      _______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.


ABCMR Record of Proceedings (cont)                                         AR20080004660



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20070018734



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508