IN THE CASE OF:	  

		BOARD DATE:  1 May 2012

		DOCKET NUMBER:  AR20120001410 


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:

	a.  adjustment of her Health Professions Pay Entry Date (HPPED) or finance Medical Specialty (MS)-Pay-Date and

	b.  correction of her Officer Record Brief (ORB) to show 248 months of active Federal service (AFS).

2.  The applicant states:

* a year ago she realized her HPPED/MS-Pay-Date was incorrect which resulted in underpayment of specialty pay
* the date was incorrectly calculated because her basic active service date (BASD) was incorrectly input when she came back on active duty a second time after a 7-year stint in the U.S. Army Reserve (USAR)
* she submitted a DA Form 1506 (Statement of Service for Computation of Length of Service for Pay Purposes) to personnel for correction of her BASD
* now that her BASD has been corrected, she wants her HPPED/MS-Pay-Date recalculated so she can go to the special pay office at the Army Medical Department (AMEDD) to request overdue back pay
* her entire service has been as a commissioned officer, but her ORB shows active Federal commissioned service as 193 months while her AFS is 248 months
* all of her service should be reflected as commissioned

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a first lieutenant in the USAR Veterinary Corps on 6 June 1985 and she entered active duty on 10 June 1985.  She was released from active duty on 31 March 1989 and transferred to the USAR.  She was ordered to active duty on 15 January 1991 in support of Operations Desert Shield/Desert Storm.  She was released from active duty on 3 July 1991 and transferred to the USAR.  She was ordered to active duty on 19 August 1996.  She was appointed as a lieutenant colonel in the Regular Army on 1 June 2000.  She was promoted to colonel on 1 June 2005.

2.  Her ORB is not available for review.

3.  An advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, Office of the Surgeon General, in the processing of this case who states:

	a.  The applicant is petitioning for correction of her HPPED or finance MS-Pay-Date for payment of the proper rate of monthly Non-Physician Board Certification Pay (NPBCP), the only veterinarian special pay affected by this date.

	b.  Any other petitioned corrections are not the authority of this office and cannot be advised.

	c.  The HPPED is calculated by adding all periods of active duty service while qualified in an applicable specialty.  There is no statutory authority to grant creditable service for periods not served on active duty.  Based on this definition and the documentation provided both from the applicant and her official military personnel file, she has 4 years, 8 months, and 6 days of prior active duty as a veterinarian creditable to HPPED.  Therefore, an active duty entry date of 19 August 1996 minus 4 years, 8 months, and 6 days provides an adjusted HPPED of 13 December 1991.

	d.  The HPPED/MS-Pay-Date should be adjusted from 19 August 1996 to 13 December 1991.

	e.  The date correction will affect NPBCP variable rates during the period of initial completed board certification effective 1 January 1999 until the applicant converted to the new health professions officer categories of special pay terminating 30 September 2009.

	f.   This action is outside this office's ability to make arrears payment and would require the Defense Finance and Accounting Service (DFAS) Indianapolis Center to adjust the finance MS-Pay-Date and audit for any NPBCP arrears payments due based on the variable rate changes during the period 1 January 1999 to 30 September 2009.

4.  On 29 February 2012, the advisory opinion was furnished to the applicant for comment.  The applicant did not respond.

5.  The Office of the Surgeon General of the Army has published policies and procedures for entitlement to board certification pay for non-physician health care providers, known as NPBCP.  This pay is authorized for personnel who are not physicians but who are care givers such as psychologists, dieticians, physical and occupational therapists, podiatrists, and nurse practitioners.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests adjustment of her HPPED/MS-Pay-Date.

2.  The evidence shows she entered active duty on 19 August 1996 with 4 years, 8 months, and 6 days of prior active service as a veterinarian.

3.  Per the advisory opinion furnished by the Chief, AMEDD Special Pay Branch:

* her HPPED/MS-Pay-Date should be adjusted to 13 December 1991
* DFAS should adjust her finance MS-Pay-Date to 13 December 1991 and audit for any NPBCP arrears payments due based on the variable rate changes during the period 1 January 1999 to 30 September 2009

4.  Her request to correct an entry on her ORB was noted.  However, since she is serving on active duty, she should contact her servicing Personnel Administration Center to make ORB corrections.

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 adjusting her HPPED to 13 December 1991.

2.  DFAS is instructed to adjust the finance MS-Pay-Date to 13 December 1991 and audit for any NPBCP arrear payments due based on the variable rate changes during the period 1 January 1999 to 30 September 2009.

3.  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 amending her ORB.



      __________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)                                         AR20120001410



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ABCMR Record of Proceedings (cont)                                         AR20120001410



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