BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20110001075 


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 correction of his records to show he was authorized $3,999.96 Board Certification Pay (BCP) for calendar year 2009.

2.  The applicant states he is an active duty officer and has been a board-certified family physician since 2002.

   a.  He states that due to no fault of his own and without his knowledge, his BCP was discontinued in December 2008.  When he discovered the pay shortage in November 2010, he brought it to the attention of his medical pay clerk.  She researched the matter and was able to authorize retroactive payment of the BCP, but only for a period of 11 months (i.e., from January through November 2010), and his BCP was reinstated effective 1 December 2010. However, he has not been paid BCP for the period January to December 2009.

   b.  Since this occurred more than one year ago, he was informed he must seek relief for retroactive payment of his BCP for calendar year 2009 from the Army Board for Correction of Military Records (ABCMR).

3.  The applicant provides email messages on his BCP, Officer Record Brief, a special pays chart, and three Leave and Earnings Statements (LES).


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as a Regular Army commissioned officer, in the rank of colonel/pay grade O-6, in the Medical Corps.

2.  The applicant's Officer Record Brief shows he was granted a Doctor of Medicine degree in General Medicine by the Uniformed Services University of the Health Sciences in 1996.  It also shows he entered active duty this period on 18 May 1996 and he was awarded military occupational specialty 61H (Family Physician).

3.  An American Board of Family Medicine, letter, September 2008, shows the applicant passed the 2008 July/August Primary Recertification Examination given by the American Board of Family Medicine and, as of 28 July 2008, he was certified as a Diplomate until 31 December 2015.

4.  In support of his request, the applicant provides the following documents:

   a.  Email messages, dated 27-29 November 2010, that show:

       (1)  the applicant contacted the military pay clerk, U.S. Army Medical Command, and informed her he noticed that he had not been paid BCP since December 2009, which was as far back as he could view his online pay record in MyPay.  He added that he has been board-certified since 2002, re-certified in family medicine in 2008, and should not have had a lapse in his BCP.  He noted he should have been authorized $333.33 per month during calendar year 2009; and

       (2)  an official at the Office of The Surgeon General (OTSG) confirmed that finance records show the applicant's Medical Service pay date is 1 July 1996, his BCP expired on 31 December 2008, the OTSG could authorize retroactive BCP for up to 11 months upon receipt of his request, and that the applicant should petition the ABCMR for BCP for the year 2009.

   b.  a Special Pays for Health Professional Officers chart that shows for BCP, medical and dental officers with 12 years, but less than 14 years of creditable service are authorized $333.33 pay per month; and

   c.  three LESs for the months of February, November, and December 2010. The February and November LESs show the applicant received physicians' Variable Special Pay (VSP); however, there is no evidence he received BCP. The December 2010 LES shows he received VSP and that BCP was started that month.
5.  Department of Defense (DoD) Financial Management Regulation (FMR), Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 5 (Special Pay for Medical Officers), provides in:

   a.  paragraph 0504 (Variable Special Pay) that an officer who is an officer of the Medical Corps of the Army and 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;

	b.  paragraph 0506 (Board Certified Pay) that:

       (1)  an officer who is entitled to VSP under paragraph 0504 (VSP) and who has a current, valid, unrestricted license or approved waiver is entitled to BCP;

       (2)  an officer authorized BCP is entitled to BCP at the monthly rates defined in Table 5-4.

   c.  Table 5-4 (Board Certified Pay for Medical Officers), Rule 3, shows that if the officer has at least 12 years and less than 14 years of creditable service, then the monthly pay rate is $333.33.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show that he was authorized $3,999.96 BCP from 1 January through 31 December 2009 because he was board certified; however, his BCP was discontinued on 31 December 2008 and not reinstated until 1 January 2010.

2.  Records show the applicant was serving on active duty as a board-certified physician in family medicine during the period of service under review, he received VSP, and he had completed 12 years of creditable service as a medical officer as of 1 July 2008.

3.  For reasons that are not clear, the applicant was not paid BCP during the period beginning 1 January 2009 through October 2010.  However, the OTSG reinstated his BCP retroactive to 1 January 2010.

4.  The OTSG cannot authorize payment of BCP effective 1 January through
31 December 2009 because to do so would exceed the OTSG's authority.

5.  Therefore, in view of the foregoing, it would be appropriate to correct the applicant's records to show he is entitled to BCP effective 1 January through
31 December 2009 at the monthly pay rate of $333.33.


BOARD VOTE:

____x__  ___x_____  __x______  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is entitled to Board Certification Pay effective 1 January through 31 December 2009.

2.  As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of Board Certification Pay effective 1 January through 31 December 2009 (less taxes) that may be due the applicant 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)                                         AR20110001075



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ABCMR Record of Proceedings (cont)                                         AR20110001075



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