BOARD DATE: 19 July 2011
DOCKET NUMBER: AR20110004814
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, payment in arrears of Board Certification Pay (BCP) from 3 December 2006 to the present.
2. The applicant states his record shows he ceased being board certified on 31 December 2006. He has been board certified in Family Practice since graduating residency. Due to this error, his medical certification pay has stopped.
3. The applicant provides a copy of his American Board of Family Medicine, Inc. letter, dated September 2006.
CONSIDERATION OF EVIDENCE:
1. Having had prior service, the applicant was appointed as a Reserve commissioned officer in the rank of captain (CPT), Medical Corps (MC), and he executed an oath of office on 20 May 1995. He was ordered to active duty in July 1999 in the rank of CPT, MC, for a period of 4 years to fulfill his active Army requirements.
2. On 25 October 1999, he was certified by the American Board of Family Medicine, Inc. as a Diplomate in internal medicine through the year 2009.
3. In September 2006, he was recertified by the American Board of Family Medicine, Inc. from 29 July 2006 through 31 December 2013. He was promoted to lieutenant colonel on 12 November 2006.
4. In the processing of this case, on 1 June 2011, an advisory opinion was obtained from the Office of The Surgeon General (OTSG). The advisory official stated the applicant received BCP through 31 December 2006. His BCP was restarted on 24 February 2010 and will expire on 31 December 2013. He did not receive BCP for the period 1 January 2007 through 23 February 2010. The official recommended the applicant receive BCP, in arrears, for the period
1 January 2007 through 23 February 2010, utilizing a Health Professions Pay Entry Date (HPPED) or MS (Medical Specialty) Pay Date of 1 July 1995.
5. The advisory opinion also advised that the AMEDD Special Pay Branch could not initiate Board Certification Pay for the period in question because the period of arrears exceeds their authority as granted by the Defense Finance and Accounting Service (DFAS) - Indianapolis Center. The AMEDD Special Pay Branch further advised that DFAS has been notified of this pending action.
6. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 6 June 2011, by email, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he was board certified on 29 July 2006. His BCP was restarted on 24 February 2010 and will expire on 31 December 2013. He did not receive BCP for the period 1 January 2007 through 23 February 2010. OTSG indicated that the applicant had been paid BCP through 31 December 2006; therefore, his request to be paid BCP in arrears from 3 December 2006 through 31 December 2006 does not appear to required action from this Board and will not be addressed further.
2. The OTSG official recommended the applicant receive BCP in arrears for the period 1 January 2007 through 23 February 2010 utilizing an HPPED or MS-Pay-Date of 1 July 1995, for the correct pay rate level.
3. 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. showing he submitted his documentation for continuous board certification for Board Certification Pay beyond 31 December 2007 in a timely manner; and
b. paying him retroactive Board Certification Pay for the period 1 January 2007 through 22 February 2010 utilizing an HPPED or MS Pay Date of 1 July 1995, 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) AR20110004814
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