IN THE CASE OF:	  

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090016196 


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 January 2008 to August 2009.

2.  The applicant states that when he arrived on a permanent change of station to Walter Reed Army Medical Center (WRAMC), he notified the specialty pay point of contact (POC) and he submitted a copy of his board certification certificate and the POC indicated that on his records.  He adds that his board certification had expired at the end of 2007 and that he recertified for another 10 years in 2007, but the new board certification was not reflected in his records.  His BCP was ultimately started in August 2008; however, he did not receive the pay from January 2008 to August 2008.

3.  The applicant provides a copy of his Board Certification Diploma for the period 2007 through 2017 in support of his request.

4.  On 12 November 2009, the applicant submitted a self-authored statement, dated 10 November 2009; copies of his Defense Finance and Accounting Service (DFAS) Forms 702 (Leave and Earnings Statement (LES)) for the months of July and August 2009; and an email, dated 10 November 2009, from the Medical Specialist Pay Coordinator at WRAMC, in support of his request.





CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) and he executed an oath of office on 1 August 1990. He subsequently entered active duty on or about 17 June 1994.  He completed various medical training courses, served in various staff and leadership positions, and he was promoted to major on 16 June 2000 and to lieutenant colonel on
16 June 2006. 

2.  The applicant’s records show he was board certified by the American Board of Internal Medicine and he held a certificate that was valid from 5 November 1997 through 4 November 2007.

3.  The applicant submitted a copy of his Board Certification Diploma for the period 2007 through 2017 in Internal Medicine.

4.  An advisory opinion was obtained on 13 October 2009 from the Office of the Surgeon General (OTSG).  The Chief, Army Medical Department (AMEDD) Special Pay Branch, stated that a review of the applicant’s records indicated he was paid BCP from 16 June 2006 to 31 December 2007 and that upon receipt of his new certification diploma his BCP was restarted effective 1 October 2008.  He did not receive BCP from 1 January 2008 through 30 September 2008 even though he was eligible for this entitlement.  The Chief also stated that his office cannot initiate BCP for this period because the period in arrears exceeds the authority granted by the DFAS - Indianapolis Center.  The Chief recommended that the applicant receive BCP in arrears for the period 1 January 2008 through 30 September 2008, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS (Medical Services) Pay-Date of 16 June 1994 for the correct pay rate level.  The pay rate should equate to approximately $416.66 per month, or approximately $3,750.00 before taxes.

5.  The favorable advisory opinion was forwarded to the applicant for his acknowledgement and possible comments on 25 September 2009.  The applicant initially concurred with the advisory opinion on 5 November 2009.

6.  On 12 November 2009, the applicant submitted a rebuttal to the advisory opinion indicating that there is an error in the end date provided in the advisory opinion and that the end-date of his entitlement should be August 2009 instead of August 2008.   He further submitted the following documentation:

	a.  His July 2009 LES does not show BCP in the entitlement column.

	b.  His August 2009 LES shows he received BCP in the amount of $388.88.  Additionally, the "Remarks" section shows his BCP started effective 3 August 2009.

	c.  An email, dated 10 November 2009, from the Medical Specialist Pay Coordinator at WRAMC, in which the specialist states that his BCP was stopped on 1 January 2008 and it was restarted on 3 August 2009.

7.  On 17 November 2009, by email, and in response to the case analyst of record's email, an official at the OTSG stated that the applicant is entitled to BCP payment from 1 October 2008 to 30 September 2008.

8.  On 17 November 2008, the applicant was provided with the OTSG email for comments.  He submitted an email on 19 November 2009 in which he stated that the advisory opinion is correct and that he had previously received a lump sum payment of $4,611.04 in September 2009.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant received certification by the American Board of Internal Medicine from 2007 through 2017.

2.  The evidence shows that the applicant did not receive BCP for the period 1 January 2008 through 31 July 2009 even though he was fully qualified and eligible to receive BCP during this period.  The WRAMC Medical Specialist Pay Coordinator indicated that his BCP was stopped on 1 January 2008 and it was restarted on 3 August 2009.  His August 2009 LES confirms that his BCP was restarted effective 3 August 2009.

3.  The evidence of record further shows that the applicant received the amount of $4,611.04 in September 2009 for the period 1 October 2008 through 30 September 2009.  Therefore, he is entitled to payment of BCP in arrears for the period 1 January 2008 through 30 September 2008 utilizing a HPPED Date or finance MS-Pay-Date of 16 June 1994, 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 if/when he has been paid BCP for the contested period, and if DFAS determines the answer is negative then, 

	b.  paying the applicant payment of BCP in arrears for the period 1 January 2008 through 30 September 2008 utilizing a HPPED or finance MS-Pay-Date of 16 June 1994, 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)                                         AR20090016196



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ABCMR Record of Proceedings (cont)                                         AR20090016196



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