IN THE CASE OF:	  

		BOARD DATE:	    30 May 2013

		DOCKET NUMBER:  AR20120019853 


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 payment of Non-Physician Board Certification Pay (NPBCP) for his period of mobilization from March 2005 - March 2008.

2.  The applicant states he was mobilized for 545 days in support of Operation Iraqi Freedom in a combat hospital in Abu Ghraib prison providing care to detainees, coalition service members, and civilians.  The remainder of March 2008 he was an Operation Warrior Trainer working at both Fort McCoy and Fort Dix within the Joint Reception Center and Forward Operating Base providing medical support to mobilizing and demobilizing service members in support of Operation Iraqi Freedom and Operation Enduring Freedom.

3.  The applicant provides:

* a certificate from the American Nurses Credentialing Center
* a memorandum, dated 17 March 2007, from the U.S. Army Human Resources Command (HRC) 
* a memorandum, dated 19 April 2005, from Headquarters, U.S. Army Reserve (USAR) Command, Fort McPherson, GA with Army Reserve Clinical Credentialing Affairs (ARCCA) Checklist
* DA Form 1059 (Service School Academic Evaluation Report)
* transcripts from the State University of New York
* four reference letters
* his request for area of concentration (AOC) 66P (Family Nurse Practitioner), dated 3 March 2005
* Health Services Personnel Management Directorate, Army Medical Department (AMEDD) AOC Checklist
* DA Form 67-9 (Officer Evaluation Report) for the period 18 March 2005 to 17 March 2006
* Headquarters Fort McCoy, Fort McCoy, WI, Order Number 313-404, dated 9 November 2006
* a memorandum, dated 18 January 2007, from AMEDD Professional Management Command, Fort McPherson, GA
* DA Form 5440A (Approval of Clinical Privileges/Staff Appointment)
* four certificates from the University of the State of New York

CONSIDERATION OF EVIDENCE:

1.  On 20 June 2001, he was commissioned as a USAR second lieutenant in the Army Nurse Corps with AOC 66H (Medical - Surgical Nurse) and additional skill identifier (ASI) 8A (Intensive Care).

2.  He submitted a certificate, dated 13 February 2003, from the University of New York that certified he completed the professional and other requirements prescribed by law as a nurse practitioner in family health.

3.  He submitted a certificate from the Commission on Certification, American Nurses Credentialing Center that granted him board certification as a family nurse practitioner valid 1 June 2003 to 31 May 2008.

4.  He submitted an ARCCA Checklist that shows his primary AOC as 66H, primary ASI as 8A, and secondary AOC as 66P.  The checklist also shows the applicant was board certified by the American Nurses Credentialing Center through 30 May 2008.

5.  77th U.S. Army Regional Readiness Command, Fort Totten, NY, 
Orders 05-056-00050, dated 25 February 2005, ordered the applicant to active duty, to report 18 March 2005, for 545 days for mobilization for Iraqi Freedom.

6.  HRC Orders A-07-619809, dated 28 July 2006, ordered him to active duty for 179 days in support of Operation Enduring Freedom.  The orders were amended by HRC Orders A-07-619809A02, dated 4 April 2007, to read 5 months and 
26 days.

7.  HRC Orders A-03-705106, dated 5 March 2007, ordered him to active duty for 
11 months and 28 days for operational support in support of Operation Enduring Freedom.

8.  He submitted a memorandum, dated 17 March 2007, from HRC that states he is qualified and is awarded primary AOC 66H, AQI 8A, and secondary AOC 66P (Family Nurse Practitioner).

9.  Headquarters, U.S. Army Fort Dix, Fort Dix, NJ Orders 056-0001, dated 
25 February 2008, released the applicant from active duty, not by reason of physical disability, effective 10 March 2008.  He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 18 March 2005 to 10 March 2008.

10.  In the processing of this case, on 26 February 2013, a staff advisory opinion was obtained from the Office of The Surgeon General (OTSG), AMEDD Special Pay Branch.  OTSG stated the applicant was eligible to receive NPBCP for the mobilization period of 18 March 2005 to 28 February 2008 and to utilize a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 18 March 2005 for the correct pay rate level.

11.  A copy of the advisory opinion was forwarded to the applicant on 
26 February 2013 for information and to allow him the opportunity to submit comments or a rebuttal.  No response has been received.

12.  The National Defense Authorization Act (NDAA) for Fiscal Year 1996 (FY 96) amended Title 37, U.S. Code, section 302c(d)(1), by adding nurse officers to those health professionals eligible for Non-Physician Board Certification Pay.  That Act remedied an inequity in the original legislation which inadvertently excluded nurse officers.  The earliest effective date of eligibility is 10 February 1996, the date the FY 96 NDAA became law.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was board certified through 30 May 2008.

2.  OTSG states he was eligible to receive NPBCP for the mobilization period 
18 March 2005 to 29 February 2008.  However, his orders and his DD Form 214 show the actual period of his mobilization ended on 10 March 2008.  

3.  Therefore, it is appropriate to pay the applicant NPBCP for the entire period of his mobilization from 18 March 2005 to 10 March 2008.


BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 was entitled to NPBCP for the period 18 March 2005 to 10 March 2008 and

	b.  paying him the appropriate retroactive pay due as a result of this correction based on an HPPED or finance MS-Pay Date of 18 March 2008.



      _______ _  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)                                         AR20120019853



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ABCMR Record of Proceedings (cont)                                         AR20120019853



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