IN THE CASE OF:
BOARD DATE: 23 October 2008
DOCKET NUMBER: AR20080010626
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 that she be given Board Certification Pay (BCP) for the period from 1 January 2006 through 30 June 2007.
2. The applicant states she had continuous BCP since July 1998 and recertified in July 2004. She is uncertain as to how or why her board certification status was changed. She has received notice from the Office of The Surgeon General (OTSG) on 3 June 2008, stating that her BCP has been reestablished from 1 July 2007 through 31 December 2011, but she needs to petition this Board for BCP that was not received for the period of 1 June 2006 through 30 June 2007.
3. The applicant provides, in support of her application, a copy of her Officer Record Brief (ORB), a letter from the American Board Family Medicine, which states the applicant was board certified from 10 July 1998 through 31 December 2011; and an email message from the OTSG, dated 3 June 2008, which stated that her BCP ended on 31 December 2005, but they could not authorize payment for any period before 1 July 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant's military personnel record shows she was appointed in the Regular Army of the United States as a second lieutenant on 27 June 1985. She is currently on active duty servicing as a lieutenant colonel, Medical Corps Officer.
2. In the processing of this case an advisory opinion was obtained from the OTSG, dated 4 August 2008. The OTSG stated that the applicant requested BCP retroactive from 1 June 2006 through 30 June 2007 for a period in which she was qualified, but has not been given BCP. The OTSG states that it has authorized BCP for the applicant from 1 July 2007 with an expiration date of
31 December 2011, but is unable to authorize BCP prior to that date, because the period of arrears exceeded their authority as granted by the Defense Finance and Accounting Services (DFAS), Indianapolis, Indiana. The OTSG recommended the applicant be given BCP for the period from 1 June 2006 through 30 June 2007. The applicant was furnished this advisory opinion on
18 August 2008 and she concurred with the OTSGs recommendation.
3. Title 37, United States Code, provides for BCP, which is paid monthly to all board certified Medical Corps Officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date (HPPED).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she should be given BCP for the period of 1 January 2006 through 30 June 2007, because she had continuous BCP since July 1998 and recertified in July 2004.
2. The evidence shows that the applicant maintained board recertification from 10 July 1998 through 31 December 2011. Therefore, it would be in the interest of justice to grant the applicant BCP for the period of 1 January 2006 through
30 June 2007, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 20 May 1995, for the correct pay rate level.
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:
a. showing that the applicant had applied for and is authorized BCP for the period of 1 June 2006 through 30 June 2007; and
b. that DFAS pay the applicant BCP utilizing an HPPED or finance MS-Pay-Date of 20 May 1995, for the correct pay rate level.
_________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) AR20080010626
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