IN THE CASE OF:
BOARD DATE: 6 December 2011
DOCKET NUMBER: AR20110010246
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 Board Certification Pay (BCP) for the period 19 July 2007 to 30 September 2009.
2. The applicant states:
* he is an Army physician
* he became board certified in Family Medicine on 19 July 2007
* he did not begin receiving his BCP until 1 October 2009
3. The applicant provides his American Board of Family Medicine notification of board certification, dated September 2007, with an "as of" date of 19 July 2007.
CONSIDERATION OF EVIDENCE:
1. The applicant is a Major, Medical Corps.
2. The applicant provides documentation which shows he is board certified by the American Board of Family Medicine and his certification is valid from 19 July 2007 through 31 December 2014.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General. The opinion states:
a. BCP requests are initiated by the officer through his/her supporting Human Resource office. A review of supporting documentation and available finance data indicates the applicant had BCP started on 1 August 2009 with a current expiration of 31 December 2014. He did not receive BCP for the period 19 July 2007 through 31 July 2009.
b. Special Pay Branch cannot initiate or pay BCP retroactive to 17 July 2007; the period of arrears exceeds the authority as granted by the Defense Finance and Accounting Service (DFAS), Indianapolis Center.
c. The applicant was eligible to receive BCP for the period 17 July 2007 to 31 July 2009, with his pay rate level computed on a Health Professions Pay Entry Date (HPPED), or Finance MS-Pay-Date of 20 May 1995. The retroactive payment for this total period is approximately $6,000.00 prior to taxes; the exact payment to be determined by DFAS.
4. On 8 September 2011, the advisory opinion was furnished to the applicant for comment. He failed to respond.
5. Title 37, U.S. Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the Armed Forces. For Army Medical Corps Officers (Physicians), these special pays include Variable Special Pay (VSP), which is paid to all Medical Corps Officers monthly upon entry on active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests BCP for the period 17 July 2007 to 30 September 2009.
2. Evidence shows he received board certification by the American Board of Family Medicine in September 2007 with an effective date of 17 July 2007.
3. Evidence also shows his BCP started on 1 August 2009 with a current expiration date of 31 December 2014.
4. Based on the foregoing and the advisory opinion recommendation, the applicant is eligible to receive BCP for the period 17 July 2007 through 31 July 2009; however, there is no basis for granting his request for BCP through 30 September 2009.
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:
* showing he applied for BCP in a timely manner and his request was approved in a timely manner to be effective 17 July 2007
* paying him BCP in arrears for the period 17 July 2007 through 31 July 2009, at the appropriate pay rate
2. The Board further determined that the evidence presented was 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 paying him BCP for the period 1 August 2009 through 30 September 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.
ABCMR Record of Proceedings (cont) AR20110010246
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ABCMR Record of Proceedings (cont) AR20110010246
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