BOARD DATE: 1 December 2009
DOCKET NUMBER: AR20090008969
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 retroactive payment of Board Certification Pay (BCP) from 1 January 2005 through December 2007.
2. The applicant states that he is an active duty officer who is requesting correction of his records so he can obtain retroactive BCP. He also states that his board certification expired on 31 December 2004 and that was the last time he received BCP. He continues to state that he was also board certified in allergy-immunology and had submitted his certificate to attest to his certification for the period from
11 August 1997 through December 2007. He concludes by stating that his records were not updated to show receipt of this certificate by the special pay branch at his duty station.
3. The applicant provides a copy of his Board Certification Diploma for the period 11 August 1997 through December 2007 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he was appointed as a captain in the U.S. Army Reserve and executed an oath of office on 5 March 1991. He subsequently entered active duty on 19 June 1991. He completed various medical training courses, served in various staff and leadership positions and was promoted to major on 15 June 1995, lieutenant colonel on 1 October 2001, and colonel on
1 October 2008.
2. The applicant submitted a copy of his Board Certification Diploma for the period 11 August 1997 through December 2007, in Allergy and Immunology.
3. The applicants records show he was board certified by the American Board of Medical Specialties and holds a certificate which is good from 24 July 2006 through December 2016.
4. An advisory opinion was obtained on 22 June 2009 from the Office of the Surgeon General. The Army Medical Department (AMEDD) Special Pay Branch stated a review of the applicants records indicates he was paid BCP through 31 December 2004 and that upon receipt of his new certification diploma his BCP was restarted effective 9 June 2009. He did not receive BCP from 1 January 2005 through 8 June 2009 even though he was eligible for this entitlement. The advisory opinion noted that their office cannot initiate BCP for this period because the period in arrears exceeds the authority granted by the Defense Finance and Accounting Service (DFAS) Indianapolis Center. That office recommended the applicant receive BCP in arrears for the period 1 January 2005 through 8 June 2009, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS (Medical Services) Pay-Date of 15 June 1991, for the correct pay rate level. The pay rate should equate to approximately $40,500.
5. The favorable advisory opinion was forwarded to the applicant for his acknowledgement and possible comments on 9 July 2009. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant received certification by the American Board of Allergy and Immunology from 11 August 1997 through December 2007 and from the American Board of Medical Specialties from 24 July 2006 through December 2016.
2. The evidence shows that the applicant did not receive BCP for the period 1 January 2005 through 8 June even though he was fully qualified and eligible to receive BCP during this period.
3. In view of the facts in this case, and if DFAS audit determines so, it appears that the applicant is entitled to payment of BCP in arrears for the period 1January 2005 through 8 June 2009, utilizing a HPPED Date or finance MS-Pay-Date of 15 June 1991, for the correct pay rate level.
4. 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:
a. having DFAS audit the applicant's pay record to determine when/if he has been paid BCP for the contested period, and if determined by DFAS to be eligible, then
b. awarding the applicant payment of BCP in arrears for the period 1 January 2005 through 8 June 2009, utilizing a HPPED or finance MS-Pay-Date of
15 June 1991, 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) AR20090008969
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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