IN THE CASE OF:
BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120009931
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 from 1 January 2000 through 1 July 2012.
2. She states Title 37, U.S. Code is the authority for Department of Defense (DOD) Health Professions Special Pay Programs. It provides for all types of entitlements, accession bonuses, special, incentive and retention pays including:
* Variable Special Pay
* BCP
* Medical Additional Special Pay
* Multi-year Special Pay
* Multi-year Incentive Special Pay
3. She goes on to explain how each of the special pay categories is calculated.
4. The applicant adds she erroneously assumed since her board certification and recertification statuses were shown on her Officer Record Brief, the unit S-1 would verify with the hospital credentials office before authorizing contracts and the BCP would be automatically paid.
5. She also assumed the BCP was calculated in with other pays and did not realize it should be a separate line item. The last Leave and Earnings Statement
(LES) which showed her BCP was December 1999. By her calculations she is owed over $60,000.00 and if interest is added that would be useful.
6. The applicant provides:
* verification letters from the American Board of Internal Medicine for the
period 16 September 1992 through 1 May 2012
* her LESs from January 1998 through April 2012
* a PowerPoint presentation
CONSIDERATION OF EVIDENCE:
1. She is currently serving in the grade of major/O-4 as a Medical Corps officer in the Regular Army.
2. The verification letters from the American Board of Internal Medicine shows the applicant's certification/recertification in the following areas:
* Internal Medicine 16 September 1992 through 31 December 2012
* Pulmonary Disease 10 November 1994 through 31 December 2014
* Critical Care Medicine 9 November 1995 through 31 December 2015
3. In the processing of this case, on 22 June 2012, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).
a. The advisory official stated that a review of the applicant's military pay account indicated the applicant's BCP payments stopped 31 December 1999 and was restarted on 1 May 2011, with a current expiration of 31 December 2021. She did not receive BCP for the period 1 January 2000 to 30 April 2011; however she was eligible to receive these payments.
b. The OTSG recommends utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 2 June 1989 for the correct pay rate level. The retroactive payment for this total period of 11 plus years is approximately $55,500.00 prior to taxes. The exact payment will be determined by the Defense Finance and Accounting Service (DFAS).
4. The advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. As of 7 August 2012, she had not responded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends she should be paid BCP for the period 1 January 2000 through 1 July 2012. The evidence clearly shows the applicant was board certified in Internal Medicine, Pulmonary Disease, and Critical Care Medicine for the entire period 1 January 2000 through 30 April 2011. Furthermore, upon discovery of the error, OTSG records show her BCP was restarted effective 1 May 2011.
2. The OTSG recommends she be granted BCP for the period 1 January 2000 through 30 April 2011.
3. In view of the foregoing, she is entitled to a portion of the requested relief.
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 that the required paperwork was completed in a timely manner to entitle her to BCP for the period from 1 January 2000 to 30 April 2011 based on an HPPED or finance MS-Pay Date of 2 June 1989; and
b. DFAS paying her the appropriate retroactive pay due as a result of this correction.
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 BCP for the entire period requested, 1 January 2000 to 1 July 2012.
_______ _ _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) AR20120009931
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