IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100009603
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 Non-Physician Board Certification Pay (NPBCP) from 14 September 2007 to January 2010.
2. The applicant states she was unaware that she was eligible to receive NPBCP during the period in question.
3. The applicant provides:
* a copy of her Registered Nurse Incentive Specialty Pay request
* copies of training certificates and college transcripts for her master's degree in nursing
* a copy of her DA Form 67-9 (Officer Evaluation Report) for the period 31 May 2008 through 30 May 2009
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a U.S. Amy Reserve (USAR) second lieutenant (2LT) in the Army Nurse Corps upon graduation from Virginia Commonwealth University on 15 May 1992.
2. She accepted a Regular Army (RA) commission while serving in the rank of major (MAJ) on 2 September 2002. She was promoted to the rank of lieutenant colonel (LTC) on 1 December 2008.
3. On 25 September 2007, the applicant was approved for payment of Registered Nurse Specialty Incentive Pay.
4. In the processing of this case, on 18 May 2010, a staff advisory opinion was obtained from the Office of The Surgeon General (OTSG), Army Medical Department Special Pay Branch. The advisory official opined that the applicant began receiving NPBCP effective 1 January 2010 based on input from that office. However, records indicate that while the applicant did not apply for NPBCP, she was eligible to receive that pay from 1 September 2005 through 31 December 2009. The advisory official recommended that she be paid those allowances by the Board, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 July 2005, as that office did not have the authority to make such retroactive payments.
5. A copy of the advisory opinion was forwarded to the applicant on 21 May 2010 for information and to allow her the opportunity to submit comments or a rebuttal. On 2 June 2010, by email, the applicant concurred with the advisory opinion as presented.
6. The National Defense Authorization Act (NDAA) for Fiscal Year 1996 (FY 96) amended Title 37, U.S. Code, section 302c(d)(1), by adding nurse officers to those health professionals eligible for Non-Physician Board Certification Pay. That Act remedied an inequity in the original legislation which inadvertently excluded nurse officers. The earliest effective date of eligibility is 10 February 1996, the date the FY 96 NDAA became law.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for payment of NPBCP from 14 September 2007 to January 2010 appears to have merit.
2. The OTSG opines that she was and is eligible to receive NPBCP from 1 September 2005 to 31 December 2009, the day prior to when her NPBCP was initiated by the OTSG; therefore, it would be appropriate to pay her for the entire period of her eligibility since it appears that she was performing the duties necessary to qualify for payment.
3. In view of the foregoing, the applicant is entitled to retroactive payment of NPBCP from 1 September 2005 through 31 December 2009.
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 the applicant is certified and authorized NPBCP for the period
1 September 2005 through 31 December 2009;
b. authorizing NPBCP in arrears for the period 1 September 2005 through
31 December 2009; and
c. having the Defense Finance and Accounting Service pay her NPBCP in arrears for the period 1 September 2005 through 31 December 2009, utilizing an HPPED or finance MS-Pay-Date of 1 July 2005 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) AR20100009603
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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