IN THE CASE OF:
BOARD DATE: 9 December 2008
DOCKET NUMBER: AR20080010554
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 correction of his military records to show that he was continuously board certified from 1986, and that he receive board certification pay (BCP) that was withheld from 1 January 1994 to 31 January 2006.
2. The applicant states, in effect, that he has been board certified in family practice from 1986 to the present. He has been credentialed at every duty station and has provided the service of a family practice physician for 22 years. Board certification pay was dropped from his pay on 31 December 1993, even though he had been recertified by the American Board of Family Medicine with an effective date extending from 10 July 1992 to 31 December 1999. He believes the overlapping of dates and a clerical error caused the withholding of his board certification pay. In 2007, while on temporary duty at Fort Wainwright, Alaska, a unit clerk asked him why he was not receiving board certification pay. The clerk was able to get it reinstated in February 2007 and to resume his board certification pay retroactive to 1 March 2006.
3. The applicant provides copies of a letter from the American Board of Family Medicine, dated 30 May 2007; Diploma of the American Board of Family Practice for the period from 1986 through 1993; Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LESs) for the period from
1 January 1994 to 28 February 2006 and for the month of February 2007.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving as a colonel, pay grade O-6, Medical Corps, on active duty in the Regular Army.
2. On 30 May 2007, in a letter addressed To Whom it May Concern, the American Board of Family Medicine (ABFM) stated that the applicant was certified by that board for the periods from 11 July 1986 to 9 July 1992; 10 July 1992 to 8 July 1999; 9 July 1999 to 7 December 2006; and from 8 December 2006 to 31 December 2013. It further stated that certification is limited to a period of 7 years and must be renewed through successful completion of the ABFM recertification process and examination.
3. The applicants DFAS LES for the month of February 2007 shows that his BCP was started effective 1 March 2006, and that he was paid $6,500.00 for the period from 1 March 2006 to 28 February 2007.
4. In an e-mail communication from the Defense Military Pay Office, National Capital Region, dated 8 August 2008, the applicants request for payment of BCP [from 1 January 1994 to 28 February 2006] was rejected without payment because either the Surgeon General or the Army Board for Correction of Military Records had to submit the transaction.
5. In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Falls Church, Virginia. It stated that the applicant had petitioned that office for payment of BCP for the period from
1 January 1994 through 28 February 2006. The OSG started BCP effective
1 February 2006, but could not initiate payment for the period from 1 January 1994 to 31 January 2006 because it exceeded their authority as granted by DFAS. The recommendation is that the applicant be paid BCP for the period from 1 January 1994 to 31 January 2006, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 10 July 1983, for the correct pay rate level.
6. On 10 October 2008, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows the applicant was board certified in family practice medicine for the entire period from 1986 to present. Furthermore, upon discovery of the error in 2007, his BCP was restarted effective 1 February 2007 and paid retroactive for 1 year.
2. The OTSG did not authorize payment of BCP for the period from 1 January 1994 to 28 February 2006 only because to do so would have exceeded its authority, as granted, by DFAS. However, it did recommend that the Board approve this payment.
3. In view of the above, the applicants request should be granted.
BOARD VOTE:
____X___ ___X____ ____X__ 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 that he was entitled to board certification pay for the period from
1 January 1994 through 31 January 2006 based on a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 10 July 1983, and by paying him the appropriate amount(s).
__________ X_ _______ ___
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) AR20070015723
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