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ARMY | BCMR | CY2008 | 20080016549
Original file (20080016549.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	       3 February 2009

		DOCKET NUMBER:  AR20080016549 


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 he be paid Board Certification Pay (BCP) for the period from January through May 2007.

2.  The applicant states that when he noticed that he was not receiving BCP, only 12 months could be paid to him.  He was directed to apply to this Board for the remainder.

3.  The applicant provides, in support of his application, a certificate from the American Board of Family Medicine. 

CONSIDERATION OF EVIDENCE:

1.  The applicant, an active duty lieutenant colonel with approximately 10 years of service, had been receiving BCP on a regular basis until it was stopped for unknown reasons on 31 December 2006. 

2.  The certificate from the American Board of Family Medicine Shows that he was certified from 9 July 1999 through 20 July 2006 and was recertified the next day, 21 July 2006, for the period through 31 December 2013.

3.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch.  That office noted that it could not pay the arrears for the period from 1 January 2007 through 28 May 

2007 even though the pay was due the applicant.  It recommended payment of BCP in arrears for the period 1 January 2007 through 28 May 2007, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 4 July 1999 for the correct pay rate level.

4.  On 18 December 2008 a copy of the advisory opinion was provided to the applicant for comment or rebuttal.  On 19 December 2008 he concurred with the advisory opinion rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was directed to apply to the Board when the BCP due him exceeded the AMEDD Special Pay Branch's authority. 

2.  The advisory opinion verified that the applicant is still entitled to BCP for the period 1 January 2007 through 28 May 2007.  It would be equitable to correct his records by paying him the BCP in arrears.

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's recertification for BCP for the period 1 January 2007 through 28 May 2007 was timely received and processed by the AMEDD Special Pay Branch; and
   
   
   
   
   b.  paying to the applicant the BCP in arrears for the period from 1 January 2007 through 28 May 2007 utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 4 July 1999 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)                                         AR20080016549



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20080016549



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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