IN THE CASE OF:
BOARD DATE: 6 March 2012
DOCKET NUMBER: AR20110021866
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 correction of his military records to show he was board certified from 1 October 2009 to 10 March 2010 and entitled to receive a retrograde increase in his board certification pay (BCP) from $166.66 to $500.00 per month for that period.
2. The applicant states he was receiving $166.66 Non-Physician BCP (NPBCP) per month when authorization was granted to increase this payment to $500.00 per month. He submitted a request for this correction to the Office of The Surgeon General (OTSG), which was denied.
3. The applicant provides:
* his National Commission on Certification of Physician Assistants (NCCPA) card with an expiration date of 31 December 2012
* Orders 069-032, issued by the State of Vermont, The Adjutant General's Office, dated 10 March 2010
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 March 2010
* a memorandum by the applicant to the Commander, 15th Civil Support Team, subject: Reimbursement of BCP, dated 7 September 2011
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was assigned to the 15th Civil Support Team in an Active Guard Reserve (AGR) status in the rank of major, Special Pay (SP) Branch, as a physician assistant.
2. The applicant provided a copy of his NCCPA card. This card indicates he had completed all requirements to achieve NCCPA certification, with an expiration date of 31 December 2012.
3. In the processing of this case, an advisory opinion was obtained from the OTSG, Falls Church, VA. The advisory official stated:
a. the applicant requests retroactive Health Professions Officer BCP (HPOBCP) at the authorized rate of $6,000.00 per year for the prorated period
1 October 2009 to 10 March 2010.
b. during the claimed period, the applicant was in the Active Component (AC) as a physician assistant receiving NPBCP to which he was authorized at the rate of $2,000.00 per year. The applicant departed the AC and without a break in active duty he continued as an AGR physician assistant.
c. the HPOBCP was not authorized or payable retroactive to 1 October 2009, until the release of "ALARACT 195/2010 - Army Special Pay Plan for Licensed clinical Psychologist(s), Social Workers, Physician Assistant(s), and Veterinarians, DTG 262156Z JUN 10."
d. a review of the applicant's military pay account indicates he was paid NPBCP in the prorated amount of approximately $888.89 from 1 October 2009 to 10 March 2010. This amount would need to be collected if HPOBCP is authorized. The HPOBCP authorized prorated amount is approximately $2,666.67 for the same period, providing a difference of $1,777.78.
e. based on the change in component and funding, the OTSG cannot grant retroactive payments for a new authority that did not exist at the time of the applicant's AC tour. Because there is no break in service category, the applicant meets the eligibility requirements for the HPOBCP.
4. On 22 December 2011, a copy of the advisory opinion was forwarded to the to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. In an email, dated 28 December 2011, the applicant indicated that all of the facts were presented correctly and he had nothing more to add.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military record should be corrected to show he was board certified from 1 October 2009 to 10 March 2010 and entitled to receive a retrograde increase in his BCP from $166.66 to $500.00 per month for that period.
2. The evidence shows the applicant was board certified as a physician assistant for the entire period in question. He transferred from an AC status to an AGR status without a break in service.
3. The OTSG did not authorize payment of HPOBCP for the period 1 October 2009 to 10 March 2010 because the OTSG cannot grant retroactive payments for a new authority that did not exist at the time of the applicant's AC tour. However, it did state he was eligible for HPOBCP.
4. The OTSG further stated the applicant would have to pay back NPBCP in the prorated amount of approximately $888.89 in order to receive HPOBCP in the prorated amount of approximately $2,666.67 for the same period, providing a difference of $1,777.78.
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 requested and he was granted HPOBCP for the period
1 October 2009 to 10 March 2010 based on the release of "ALARACT 195/2010 - Army Special Pay Plan for Physician Assistant(s), DTG 262156Z JUN 10";
b. directing DFAS to audit his pay record and recoup his NPBCP for the period 1 October 2009 to 10 March 2010; and
c. paying him all pay and allowances due based on entitlement to HPOBCP for the period 1 October 2009 through 10 March 2010.
___________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) AR20110021866
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ABCMR Record of Proceedings (cont) AR20110021866
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