IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080013307
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, payment in arrears of Board Certification Pay for the period 1 January 2004 through 31 August 2007.
2. The applicant states, in effect, that he is a board certified family physician. He has been continuously board certified since 1996. His Board Certification Pay stopped in 2003. He has not received Board Certification Pay since 31 December 2003. The Special Pay Office of the Office of The Surgeon General (OTSG) can authorize back pay for up to 12 months, but no longer. He was advised by a representative of the OTSG to contact the Army Review Boards Agency for further action. He believes he is entitled to back pay dating from 31 December 2003 (sic: 1 January 2004).
3. The applicant adds that he was stationed at the Pentagon when his special pay stopped. Prior to that, he was stationed at the US Army MEDDAC (Medical Department Activity), Fort Leonard Wood, Missouri. He does not remember where the error occurred, or who committed it; however, he can guess why. His original board certification was from 1996 through 2003, a period of seven years. The American Board of Family Physicians recommended recertifying every six years. This allows a one year buffer to remediate, if necessary. He successfully recertified in 2002 and provided documentation to his personnel and finance offices. In 2003, when his original certification expired, it is possible someone failed to notice the successful recertification, in 2002, and shut off his Board Certification Pay.
4. In support of his request, the applicant provides a copy of a letter from the American Board of Family Medicine which verifies the applicant is certified with the American Board of Family Medicine; a copy of a certificate showing he is a Recertified Diplomate of the American Board of Family Medicine for the period 2002 through 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's DA Form 4037, Officer Record Brief (ORB), shows he was commissioned in the Regular Army as a Distinguished Military Graduate from the Reserve Officer Training Corps. The applicant graduated from the Uniformed Services University of the Health Sciences, Bethesda, Maryland, and entered his current tour of active duty on 15 May 1993.
2. The applicant's ORB shows he is currently a Regular Army Medical Corps Colonel assigned to the US Army MEDDAC, West Point, New York.
3. The copy of the letter from the American Board of Family Medicine which was provided to the Board by the applicant verifies he is certified with the American Board of Family Medicine. The Family Medicine Certification History portion of the letter shows the applicant was certified in family medicine from 12 July 1996 through 11 July 2002 and gained recertification on 12 July 2002. This recertification will expire on 31 December 2009.
4. In the processing of this case, an advisory opinion was requested of the OTSG. On 4 September 2008, the Chief, AMEDD Special Pay Branch, in the OTSG, provided a favorable advisory opinion in which a recommendation was made that the applicant receive Board Certification Pay, in arrears, for the period 1 January 2004 and continuing through 31 August 2007, utilizing a Health Professions Pay Entry Date (HPPED) or MS (Medical Specialty)-Pay-Date of 15 May 1993, for the correct pay rate level.
5. The advisory opinion also advised that the AMEDD Special Pay Branch could not initiate Board Certification Pay for the period 1 January 2004 through 31 August 2007 because the period of arrears exceeds their authority as granted by the Defense Finance and Accounting Service (DFAS)-Indianapolis Center. The AMEDD Special Pay Branch further advised that their office restarted Board Certification Pay commencing 1 September 2007, with a current expiration date of 31 December 2009.
6. The advisory opinion was forwarded to the applicant for his acknowledgment and/or possible rebuttal on 9 September 2008. The applicant responded and concurred with the advisory opinion on 18 September 2008.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was board certified in family medicine from 12 July 1996 through 11 July 2002. He gained recertification on 12 July 2002 and this recertification will expire on 31 December 2009.
2. The AMEDD Special Pay Branch advised that their office restarted the applicant's Board Certification Pay commencing 1 September 2007 and will expire on 31 December 2009.
3. The AMEDD Special Pay Branch also advised their office could not initiate Board Certification Pay for the period 1 January 2004 through 31 August 2007 because the period of arrears exceeds their authority as granted by the Defense Finance and Accounting Service (DFAS)-Indianapolis Center. The AMEDD Special Pay Branch recommended the applicant receive Board Certification Pay in arrears for the period 1 January 2004 through 31 August 2007 utilizing a HPPED or MS-Pay-Date of 15 May 1993, for the correct pay rate level.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ___x____ ___x____ 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 the applicant is authorized payment, in arrears, of Board Certification Pay for the period 1 January 2004 through 31 August 2007 utilizing a HPPED or MS-Pay-Date of 15 May 1993, 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) AR20080013307
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