IN THE CASE OF:
BOARD DATE: 12 January 2010
DOCKET NUMBER: AR20090014084
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, that his records be corrected to show his specialty board certification date as 6 June 2007 and that he be authorized and provided Board Certification Pay (BCP) from that date.
2. The applicant states, in effect, he has been ignorant of the fact he was not receiving BCP since passing his board examinations and receiving his certificate on 6 June 2007. He indicates that the responsible Army Medical Department (AMEDD) personnel can fix this error back through 17 July 2008. However, AMEDD is unable to provide relief back to his correct certification date of 6 June 2007, which would cover the period from 6 June 2007 through 16 July 2008.
3. The applicant provides the following documents in support of his application: American Board of Radiology Certificate, dated 6 June 2007; Medical Additional Special Pay (MASP) Requests, dated 11 March 2008 and 8 June 2009, respectively.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty as a Medical Corps (MC) officer in the rank of major (MAJ), in area of concentration 61R (Diagnostic Radiologist).
2. On 18 May 2000, the applicant was appointed a commissioned officer in the MC, in the rank of captain (CPT), and on 18 May 2006, he was promoted to MAJ.
3. In connection with the processing of this case, an advisory opinion was obtained from Chief, AMEDD Special Pay Branch, Office of the Surgeon General (OTSG). This official confirms a review of the applicant's pay account indicates BCP was started on the applicant as of 17 July 2008, with a current expiration date of 31 December 2017. The OTSG recommends the applicant receive BCP in arrears for the period 6 June 2007 through 16 July 2007, utilizing a health professions certification date (HPPED) or finance MS-Pay Date of 1 July 2002, for the correct pay rate level.
4. On 24 September 2009, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond to or rebut its contents. To date, he has failed to reply.
5. Volume 7A, Department of Defense Financial Management Regulation, provides military pay policy and procedures. Chapter 5 contains guidance on special pay for medical officers. Paragraph 0504 contains guidance on Variable Special Pay (VSP) and states, in pertinent part, that an Army MC officer who is on active duty under a call or order to active duty for a period of not less than 1 year is entitled to VSP. Paragraph 0506 provides guidance on BCP and states, in pertinent part, that an officer who is entitled to variable special pay (VSP) and who has a current, valid, unrestricted license or approved waiver is entitled to BCP.
DISCUSSION AND CONCLUSIONS:
1. The applicant's claim of eligibility for BCP from 6 June 2007 was carefully considered and found to have merit. The evidence of record confirms the applicant passed the necessary examinations and was certified as a qualified Diagnostic Radiologist by the American Board of Radiology on 6 June 2007.
2. The OTSG advisory opinion provided in this case confirms the applicant was authorized to receive BCP as of 17 July 2008 with an expiration date of
31 December 2017. He did not receive BCP for the period 6 June 2007 through 16 July 2008. Therefore, it would be appropriate to correct the applicant's record to show he was authorized to receive BCP for the period 6 June 2007 through
16 July 2008, and the Defense Finance and Accounting Service (DFAS) should provide him any pay due as a result of this correction.
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 showing he was authorized BCP for the period 6 June 2007 through 16 July 2008 and providing him any and all 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.
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