IN THE CASE OF:
BOARD DATE: 22 December 2009
DOCKET NUMBER: AR20090010860
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 Board Certification Pay (BCP) for the period from
1 January 2005 through 9 June 2008.
2. The applicant states he originally became board certified in 1997 and re-certified on 11 July 2003. He states his board certification has never lapsed and he is currently certified through December 2010. He states he discovered the error on 3 June 2009 and notified his Special Pay representative, who submitted his case to the Office of The Surgeon General (OTSG). However, OTSG can only authorize retroactive pay back for 1 year.
3. The applicant provides a copy of a verification letter from the American Board of Family Medicine in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a lieutenant colonel, pay grade O-5, Medical Corps, in the Regular Army.
2. The verification letter from the American Board of Family Medicine shows the applicant is currently certified in Family Medicine. His original certification was from 11 July 1997 to 10 July 2003. He was re-certified on 11 July 2003 with an expiration date of 31 December 2010.
3. In the processing of this case, on 25 August 2009, an advisory opinion was obtained from the OTSG. The advisory official stated that a review of the applicant's military pay account indicated he was paid BCP from 12 June 2004 to 31 December 2004. The OTSG restarted his BCP effective 1 July 2008, with a current expiration date of 31 December 2010. The advisory official stated the applicant did not receive BCP for the period 1 January 2005 to 30 June 2008. OTSG could not initiate payment for the period from 1 January 2005 to 30 June 2008 because it exceeded their authority as granted by the Defense Finance and Accounting Service (DFAS).
4. The OTSG recommends that the applicant be paid BCP for the period from
1 January 2005 to 30 June 2008 utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 14 June 1994 for the correct pay rate level.
5. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 15 September 2009, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows the applicant was board certified in family practice medicine for the entire period from 11 July 1997 to present. Furthermore, upon discovery of the error in June 2009, his BCP was restarted effective 1 July 2008. The OTSG only has the authority for a 1-year retroactive pay.
2. The OTSG did not authorize payment of BCP for the period from 1 January 2005 to 30 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.
3. In view of the above, the applicantÂ’s requested relief 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 BCP for the period from 1 January 2005 to
30 June 2008 based on a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 14 June 1994; and
b. paying him the appropriate retroactive pay due as a result of this correction.
_________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) AR20090010860
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