IN THE CASE OF:	  

		BOARD DATE:	  	  4 December 2008

		DOCKET NUMBER:  AR20080011484


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 his record to be corrected to show his board certification in General Surgery and Vascular Surgery and requests applicable Board Certification Pay (BCP).

2.  The applicant states, in effect, that his board certifications in General Surgery and Vascular Surgery were never entered into his record.  He would like the respective dates entered into his record and he would like to receive BCP if he is eligible.

3.  The applicant provides copies of a certificate from the National Board of Medical Examiners of the United States of America dated 1 July 1992, a certificate from the University of South Alabama Hospitals dated 1 July 1995 through 30 June 1996, a certificate from Baylor University Medical Center dated 1 July 1996 through 30 June 1997, and a certificate from The American Board of Surgery dated 15 May 2000.

CONSIDERATION OF EVIDENCE:

1.  The applicant's available military record shows he successfully met the requirements to practice in the specialty of General Surgery in June 1996 and he successfully met the requirements to practice in the specialty of Vascular Surgery in May 2000.  On 22 September 2003, the applicant entered active duty as a medical doctor in pay grade O-5, board certified in General Surgery and Vascular Surgery.

2.  The applicant provides a copy of his license to practice as a medical physician from the State of South Carolina with an expiration date of 30 September 2009.  He also provided a copy of his certificate from the American Board of Surgery indicating that he successfully met the requirements to practice as a surgeon in the field of Vascular Surgery on 15 May 2000, valid until 1 July 2010.

3.  The applicant also provides the following certificates:  a certificate dated 1 July 1992 from the National Board of Medical Examiners of the United States of America for having successfully passed the examinations for diplomate of the National Board of Medical Examiners, a certificate from the University of South Alabama Hospitals for completion of the Chief Resident in General Surgery for the period 1 July 1995 through 30 June 1996, a certificate from Baylor University Medical Center for completion with credit and distinction of the Residency in General Vascular Surgery for the period 1 July 1996 through 30 June 1997, and a certificate from The American Board of Surgery dated 15 May 2000 for having successfully passed the examination for certification in Vascular Surgery.

4.  In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General (OTSG), Falls Church, Virginia, dated 26 August 2008.  It stated that the applicant was entitled to BCP commencing on 21 September 2003 and expiring on 1 July 2010, a period in which he was certified upon entering active duty, but that the BCP was never started or paid.  A review of the applicant's military account indicates that their office never received notification or data of the applicant's board certification.  Data submitted as a part of the applicant's request supports BCP commencing on 21 September 2003 with a current expiration on 1 July 2010.  He adds that his office cannot initiate payment of BCP for this period; the period of arrears exceeds OTSG's authority as granted by the Defense Finance & Accounting (DFAS)-Indianapolis Center.  The advisory opinion recommended that the applicant receive BCP in arrears for the period commencing "20030921" and expiring "20100701" utilizing a Health Professional Pay Entry Date (HPPED) or finance MS-Pay Date of "19970920" for the correct pay rate level.

5.  The advisory opinion was forwarded to the applicant for acknowledgement and/or rebuttal on 6 August 2008.  On 15 October 2008, the applicant concurred with the advisory opinion.

6.  The applicant's Officer Record Brief (ORB) dated 29 October 2008 shows that his record has been updated to show board certification in General Surgery and Vascular Surgery.  Since the board certifications in General Surgery and Vascular Surgery have been properly annotated on the applicant's ORB, they will not be discussed further in these proceedings.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for BCP was carefully considered and found to have merit.  The evidence clearly shows the applicant was fully qualified for BCP from 21 September 2003, a period in which he was certified upon entering active duty, but the BCP was never started or paid.  Therefore, his records should be corrected to show BCP from 21 September 2003 through 1 July 2010.

2.  Furthermore, the AMEDD Special Pay Branch verified the applicant's entitlement for BCP based on a period in which the applicant was certified upon entering active duty, but the BCP was never started or paid.  The AMEDD office could not initiate BCP for the period 21 September 2003 through 1 July 2010 because the period of arrears exceeds their authority as granted by the DFAS-Indianapolis Center.  The AMEDD Special Pay Branch recommended the applicant receive BCP in arrears for the period 21 September 2003 through 1 July 2010 utilizing a HPPED or finance MS-Pay-Date of "19970920" for the correct pay rate level.

3.  In view of the foregoing, the applicant's records should be corrected as recommended below.

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 the individual concerned was authorized BCP for the period of 21 September 2003 through 1 July 2010 with entitlement to all back pay and 

allowances that result from this retroactive authorization utilizing an HPPED or finance MS-Pay-Date of "19970920" 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)                                         AR20080011484



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080011484



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1