IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080017529
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 he be given Board Certification Pay (BCP) for the period 1 July 2001 to 30 November 2005.
2. The applicant states he was board certified effective 25 November 1991, he had been receiving BCP when he retired from active duty, and he believes the BCP should have been restarted and continued throughout his recall to active duty.
3. The applicant provides a DA Form 1506 (Statement of Service For Computation of Length of Service for Pay Purposes); Orders #A-07-004015, dated 1 July 2001; his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 2005; his board certification in diagnostic radiology; and leave and earnings statements.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was commissioned and entered active duty on 7 June 1967, was awarded the area of concentration of nuclear weapons and effects staff officer, and was promoted to major. He was honorably released from active duty on 27 August 1979.
2. He reentered active duty on 8 June 1983, was awarded the area of concentration of nuclear medicine officer and diagnostic radiologist, and was promoted to colonel. He was honorably released from active duty on 31 March
2001 and placed on the Retired List the following day.
3. He was recalled from the Retired List and entered active duty on 1 July 2001. He was honorably released from active duty on 30 November 2005.
4. The applicant is currently serving on active duty based on a second retiree recall.
5. Title 37, U.S. Code, Pay and Allowances of the Uniformed Services, chapter 5, Special and Incentive Pays, section 302, Special Pay: Medical Officers of the Armed Forces, states that variable, additional, and BCP is authorized to officers of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than 1 year.
6. In the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG). The OTSG recommends that the Board approve the applicant's request. The applicant was provided a copy of the advisory opinion and concurred with the OTSG's recommendation.
DISCUSSION AND CONCLUSIONS:
1. While the applicant was eligible for BCP, he did not request that special pay in a timely manner.
2. However, the applicant was in fact board certified and was entitled to BCP based on that certification. It would be inherently unfair to deny him BCP when he was fully eligible for that special pay.
3. As such, the applicant's records should be corrected by now authorizing him retroactive BCP.
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 he made timely application for BCP when he entered active duty on 1 July 2001; and
b. paying him BCP for the period 1 July 2001 to 30 November 2005.
__________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) AR20080017529
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ABCMR Record of Proceedings (cont) AR20080017529
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