IN THE CASE OF:	  

		BOARD DATE: 	         27 May 2009

		DOCKET NUMBER:  AR20080018909 


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 receive Board Certification Pay (BCP) for the period 1 January 2005 to 30 October 2007.

2.  The applicant states that he has been continuously certified by the American Board of Family Practice since 8 July 1994 but after arriving at his present duty station he discovered that he was not receiving the appropriate BCP.  He contends that research with the Army Medical Department (AMEDD) Special Pay Branch revealed that his BCP was erroneously stopped on 31 December 2004. 

3.  The applicant provides an American Board of Medical Specialties Certification Credentials Profile, certification letters from the American Board of Family Practice, a Medical Operational Data System Special Pay Record Brief, an email, a pay inquiry, Leave and Earnings Statements, an Officer Record Brief, and a request to the Special Pay Branch for BCP in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Having prior inactive service, the applicant was appointed a second lieutenant in the U.S. Army Reserve, Medical Corps, on 8 May 1987.  He was appointed a lieutenant colonel in the Regular Army, Medical Corps, on 30 June 2003.  He was promoted to colonel on 30 September 2008.  He is currently assigned to the U.S. Army Medical Department Activity at Fort Riley, Kansas.
 
2.  The applicant provided documentation which shows he is board certified by the American Board of Family Medicine.  His initial certification period was 8 July 1994 to 31 December 2001, he was recertified for the period 13 July 2001 to 
31 December 2008, and the period of his current certification is effective 
20 July 2007 to 31 December 2014.  
  
3.  In the processing of this case an advisory opinion was obtained from the Chief of the AMEDD Special Pay Branch of the Office of The Surgeon General.  The advisory opinion points out that a review based on the applicant's request, supporting documentation, and available finance data indicates the applicant did not receive BCP for the period 1 January 2005 to 12 November 2007.  The Chief, AMEDD Special Pay Branch states the applicant is eligible to receive BCP for the period 1 January 2005 to 12 November 2007, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 2 June 1991, for the correct pay rate level.  The pay period would be eligible for a variable rate of $833.33-$750.00/month, or approximately $26,375 prior to taxes for the total period requested in arrears.  

4.  On 11 May 2009, the advisory opinion was furnished to the applicant for comment.  On 14 May 2008, he concurred with the advisory opinion.

5.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the armed forces.  For Army Medical Corps Officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (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); 3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one year active duty obligation that can be served concurrently with all other obligations;  4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps Officers who hold the specialties eligible to receive this pay for a one year active duty obligation that may be served concurrently with all other obligations; and  5) Multiyear Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps Officers based on their specialty.  This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.




DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion furnished by the Chief, AMEDD Special Pay Branch indicates that the applicant did not receive BCP for the period 1 January 2005 to 12 November 2007.  The Chief, AMEDD Special Pay Branch states the applicant is eligible to receive BCP in arrears for this period, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 2 June 1991, for the correct pay rate level.  The opinion also states that the pay period would be eligible for a variable rate of $833.33-$750.00/month, or approximately $26,375 prior to taxes for the total period requested in arrears.

2.  Based on the foregoing, the applicant is eligible to receive BCP for the period 1 January 2005 to 12 November 2007, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 2 June 1991, for the correct pay rate level; and that the pay period be eligible for a variable rate of $833.33-$750.00/month, or approximately $26,375 prior to taxes for the total period requested 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 he applied for BCP to be effective 1 January 2005 to 
12 November 2007; and

	b.  by paying him BCP in arrears for the period 1 January 2005 to 
12 November 2007, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 2 June 1991, for the correct pay rate level; and that the pay period 



be eligible for a variable rate of $833.33-$750.00/month, or approximately $26,375 prior to taxes for the total period requested in arrears.





      __________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)                                         AR20080018909





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ABCMR Record of Proceedings (cont)                                         AR20080018909



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