IN THE CASE OF:	  

		BOARD DATE:	    10 November 2011 

		DOCKET NUMBER:  AR20110014773 


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, Board Certification Pay (BCP) for the period 1 January 2009 to date.

2.  The applicant states:

* Medical specialty boards are good for 10 years from the initial certification
* He was board certified in Internal Medicine in 1998, Cardiology in 2003, and Interventional Cardiology in 2004
* In 2008 he deliberately chose not to recertify in Internal Medicine but he still had active certification in Cardiology and Interventional Cardiology
* This is common practice for sub-sub-specialists
* He just realized his BCP was stopped as of 31 December 2008 

3.  The applicant provides:

* American Board of Internal Medicine certificates for Cardiovascular Disease and Interventional Cardiology
* Letter, dated 4 November 1998, from the American Board of Internal Medicine






CONSIDERATION OF EVIDENCE:

1.  On an unknown date, the applicant was appointed a second lieutenant in the U.S. Army Reserve.  He was ordered to active duty on 14 August 1991 to fulfill an active Army requirement of 4 years.  He was appointed a captain in the Regular Army, Medical Corps, on 20 May 1995.  He was promoted to lieutenant colonel on 20 May 2007.  He is currently assigned to Brooke Army Medical Center at Fort Sam Houston in Texas, as a cardiologist.

2.  He provided documentation which shows he was board certified by the American Board of Internal Medicine in Internal Medicine and his certification was valid through the year 2008.

3.  He also provided documentation which shows he is board certified by the American Board of Internal Medicine in:

* Cardiovascular Disease (2003 through 2013) 
* Added Qualifications in Interventional Cardiology (2004 through 2014) 

4.  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 1 December 2010 with a current expiration of 31 December 2014.  He did not receive BCP for the period 
1 January 2009 to 30 November 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 1 January 2009 to 30 November 2010.  Utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 20 May 1995, for the correct pay rate level.  The retroactive payment for this total period of 23 months is approximately $9,166.00 prior to taxes; exact payment should be determined by DFAS.   

5.  On 16 September 2011, the advisory opinion was furnished to the applicant for comment.  He responded on 20 September 2011 and indicated that no comment was needed on his part since the advisory opinion agreed he should be paid.
6.  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 are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) 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 Health Professional Pay Entry Date (HPPED); 3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one year active duty obligation that can be served concurrently with all other obligations;  4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps Officers who hold the specialties eligible to receive this pay for a one year active duty obligation that may be served concurrently with all other obligations; and  5) Multiyear Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps Officers based on their specialty.  This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests BCP for the period 1 January 2009 to date.

2.  Evidence shows he received board certification by the American Board of Internal Medicine in 2003.  

3.  Evidence also shows his BCP started on 1 December 2010 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 1 January 2009 to 
30 November 2010; but there is no basis for granting his request for BCP for the period 1 December 2010 to date. 

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:
 
	a.  showing he applied for BCP in a timely manner and his request was approved in a timely manner to be effective 1 January 2009; and

	b.  by paying him BCP in the arrears for the period 1 January 2009 to 
30 November 2010, 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 December 2010 to date.  




      _______ _ 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)                                         AR20110014773



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ABCMR Record of Proceedings (cont)                                         AR20110014773



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