BOARD DATE: 15 December 2009
DOCKET NUMBER: AR20090016383
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 payment of Board Certification Pay (BCP) for the period 3 June 2008 through 24 August 2009.
2. The applicant states that she submitted the certification on time but she did not notice the discrepancy until much later.
3. The applicant provides, in support of her request, copies of her American Board of Radiology certificate, dated 3 June 2008; and nine pages of email exchanges with Madigan Army Medical Center, Fort Lewis, WA and Medical Branch, Human Resources Command, Alexandria, VA.
CONSIDERATION OF EVIDENCE:
1. The applicant completed a doctorate of medicine from Texas University of Health and Science at Houston, TX and she was appointed a Medical Corps captain on 12 June 1999.
2. The applicant provided a copy of The American Board of Radiology certification issued on 3 June 2008, valid through 2018. The certificate indicates that she is certified to practice in the specialty of diagnostic radiology.
3. In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Falls Church, VA. The Chief, Army Medical Department (AMEDD), Special Pay Branch stated that a review of the applicant's files indicates that BCP was due but not paid from 30 June 2008 to
24 August 2009. The advisory official stated that 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 advisory official further recommended that the applicant be paid BCP for the period from 30 June 2008 to 24 August 2009, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 15 June 1996 for the correct pay rate level.
4. On 29 October 2009, a copy of the advisory opinion was sent to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that, although she did not notice the discrepancy, she was entitled to and should receive BCP for the period 3 June 2008 through
24 August 2009. Files at OTSG revealed she was not paid BCP for the period 30 June 2008 through 24 August 2009.
2. The evidence clearly shows the applicant was board certified in diagnostic radiology for the entire period in question. Furthermore, upon discovery of the error, her BCP was restarted effective 25 August 2009.
3. The OTSG was not authorized to make retroactive payment since this would have exceeded its authority, as granted, by DFAS. However, it recommended that this Board approve this payment.
4. In view of the above, the applicantÂ’s request should be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual concerned Board Certification Pay for the period 30 June 2008 through 24 August 2009 using a HPPED of 15 June 1996.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the board recommends denial of so much of the application that pertains to payment of Board Certification Pay for the period 3 June 2008 through 24 August 2009.
__________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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