IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110012083
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 16 October 2007 through 2 May 2010.
2. The applicant states:
* on 16 October 2007, he became board certified in Pediatrics and submitted his certificate in a timely manner
* the error should have been recognized when he in-processed through finance
* he is owed $6,565.76 (31 months x $208.33 + 16 days/31 x $208.33) and his local special pay office is unable to correct the error with the Defense Finance and Accounting Service (DFAS) since the error is beyond 1 year
* he was stationed at a Children's Hospital in Boston from 2007 through 2010 and did not have ready access to military finance
* the error was pointed out by a peer during his current deployment
3. The applicant provides:
* self-authored statements
* American Board of Pediatrics Certificate
* DAFS Form 702 (DFAS Military Leave and Earnings Statement)
* letter from the American Board of Pediatrics
* memorandum for Chief, Special Pay Branch, subject: Request for Medical Corps Incentive Special Pay (ISP), dated 2 August 2010
* memorandum for Chief, Special Pay Branch, subject: Request for Medical Additional Special Pay (MASP), dated 20 June 2010
* Officer Record Brief
CONSIDERATION OF EVIDENCE:
1. The applicant is a Medical Corps (MC) major serving in an active duty status as a physician.
2. He provided documentation which shows he was board certified by the American Board of Pediatrics and his certification was valid from 2007 through 2014.
3. In the processing of this case an advisory opinion was obtained from the Chief, AMEDD [Army Medical Department] Special Pay Branch, of the Surgeon General. The opinion states:
a. requests for BCP are initiated by the officer through their supporting Human Resource office. A review of supporting documentation and available finance data indicates the applicant had BCP started on 3 May 2010 with a current expiration of 31 December 2014. He did not receive BCP for the period
16 October 2007 to 2 May 2010.
b. this office cannot initiate BCP; period of arrears exceeds their authority as granted by the Defense Finance and Accounting Service (DFAS), Indianapolis Center.
c. the applicant was eligible to receive BCP for the period 16 October 2007 to 2 May 2010. Utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 July 2004, for the correct pay rate level. The retroactive payment for this total period of 30-plus months is approximately $6,361.00 prior to taxes; exact payment should be determined by DFAS.
4. The applicant was provided an opportunity to respond to the advisory opinion, but he did not respond.
5. Title 37, United States 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 BCP, which is paid monthly to all board certified Medical Corps Officers based upon their date of board certification and their creditable service used to establish the HPPED.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests BCP for the period 16 October 2007 through 2 May 2010.
2. Evidence shows he received board certification by the American Board of Pediatrics in 2007.
3. Evidence also shows his BCP started on 3 May 2010 with a current expiration of 31 December 2014.
4. Based on the foregoing and the advisory opinion recommendation, the applicant is eligible to receive BCP for the period 16 October 2007 through 2 May 2010.
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 applied for BCP in a timely manner and his request was approved in a timely manner to be effective 16 October 2007; and
b. paying him BCP in the arrears for the period 16 October 2007 to
2 May 2010, at the appropriate pay rate.
_______ _ 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) AR20110012083
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