IN THE CASE OF:
BOARD DATE: 20 October 2009
DOCKET NUMBER: AR20090009232
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, correction of his military records to show that he was board certified from December 2007 to June 2008 and that he receive board certification pay (BCP) for that period.
2. The applicant states that a change in his pay went unnoticed because of other pay changes that occurred at the same time. He contends that older physicians were not required to recertify and that it is not intuitive for physicians to notify finance when recertification occurs.
3. The applicant provides, in support of his application, copies of The American Board of Pediatrics certification for the period from 2008 through 2014, DA Form 67-9 (Officer Evaluation Report), DA Form 1059 (Service School Academic Evaluation Report) and a certificate from the United States Army Medical Department showing that the applicant successfully completed residency training in pediatrics from 1 July 1998 to 30 June 2000.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty in the Regular Army as a major, Medical Corps.
2. The applicant provided a copy of The American Board of Pediatrics certification for the period from 2008 through 2014. The certificate indicates that he was designated a diplomate certified in pediatrics for the entire period.
3. In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Falls Church, Virginia. The opinion stated that a review of the applicant's military pay account indicated he was paid BCP from 24 October 2000 to 31 December 2007. His BCP was restarted effective 30 June 2008 with an expiration date of 31 December 2018. The applicant did not receive BCP for the period from 1 January 2008 to 29 June 2008. OTSG cannot initiate BCP for the unpaid period because it exceeds OTSG's authority as granted by the Defense Finance and Accounting Service (DFAS). The opinion recommended that the applicant be paid BCP for the period from 1 January 2008 to 29 June 2008, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 7 June 1997, for the correct pay rate level.
4. On 1 September 2009, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show that he was board certified from December 2007 to June 2008 and that he receive board certification pay (BCP) for that period.
2. The evidence clearly shows the applicant was board certified in pediatrics medicine for the entire period in question. Furthermore, upon discovery of the error, his BCP was restarted effective 30 June 2008.
3. The OTSG did not authorize payment of BCP for the period from 1 January 2008 to 29 June 2008 only because to do so would have exceeded its authority, as granted, by DFAS. However, it did recommend that the Board approve this payment.
4. In view of the above, the applicantÂ’s request should be granted.
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 was entitled to board certification pay for the period from
December 2007 to June 2008 based on a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 10 July 1983; and
b. auditing his pay records and paying him BCP for any unpaid portion of the period from December 2007 to June 2008.
_______ _ _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) AR20090009232
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