IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110011396
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) at the correct rate of $500.00 per month dating back to 2001.
2. The applicant states he has been receiving BCP at the incorrect rate. Based on the 2011 Military Pay Table, he should be receiving $500.00 per month instead of $291.66. He tried to resolve this issue through the local finance office after the error was detected years back and he was told the correction has to be done by officials at the Defense Finance and Accounting Service (DFAS).
3. The applicant provides:
* table of special pays for health professional officers
* leave and earnings statement
* American Board of Nuclear Medicine qualification certificate
* physician's license
CONSIDERATION OF EVIDENCE:
1. The applicant served as a resident of nuclear medicine from 1 July 1988 to 31 December 1990 at William Beaumont Hospital, Royal Oak, MI, during which he was certified by the American Board of Nuclear Medicine on 8 September 1990.
2. He was appointed as a Reserve commissioned officer in the rank of captain with concurrent call to active duty and executed an oath of office on 8 February 1991. He served in a variety of stateside assignments and he was promoted to major. He was honorably released from active duty on 1 February 1998.
3. After serving in a U.S. Army Reserve troop program unit, he was ordered to active duty as an obligated volunteer officer. He was assigned to Madigan Army Medical Center, Fort Lewis, WA, and promoted to lieutenant colonel on 1 February 2001.
4. He was appointed as a Regular Army Medical Corps officer and executed an oath of office on 19 February 2004. He is currently assigned to Madigan Army Medical Center, Fort Lewis, WA.
5. An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 13 September 2011 in the processing of this case. The OTSG database shows the applicant has been board certified since 1 February 2001 and has been correctly receiving the proper pay. The OTSG official stated that a review of the applicant's military pay account indicates this office started BCP upon receipt of data effective 17 July 2008 with a current expiration of 31 December 2017. The applicant did not receive BCP from 6 June 2007 through 16 July 2008 based on his application, finance data, and supporting documentation. The official added that:
a. the OTSG cannot initiate BCP for this period as the period of arrears exceeds their authority as granted by DFAS.
b. the official recommended the applicant receive BCP in arrears for the period 6 June 2007 through 16 July 2008 utilizing a Health Professions Pay Entry Date (HPPED) or Medical Special Pay (MSP) date of 1 July 2002 for the correct pay rate level.
6. The advisory opinion was forwarded to the applicant but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The OTSG database shows the applicant was board certified on 1 February 2001 and has been receiving the correct BCP. However, based on the applicant's request, finance data, and the supporting documentation, OTSG officials determined the applicant started receiving BCP on 17 July 2008. OTSG officials also determined the applicant did not receive BCP from 6 June 2007 to 16 July 2008.
2. The OTSG official advised their office could not initiate BCP for the period 6 June 2007 to 16 July 2008 because the period of arrears exceeds their authority as granted by DFAS. The official recommended the applicant receive BCP in arrears for the period 6 June 2007 to 16 July 2008 utilizing an HPPED or MS pay date of 1 July 2002 for the correct pay rate level.
3. In view of the foregoing, the applicant's records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X____ __X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the applicant is authorized payment of BCP in arrears for the period 6 June 2007 to 16 July 2008 utilizing an HPPED or MSP date of 1 July 2002, for the correct pay rate level.
2. The Board further determined 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 since February 2001.
___________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) AR20110011396
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