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ARMY | BCMR | CY2013 | 20130000602
Original file (20130000602.txt) Auto-classification: Approved

		

		BOARD DATE:	  21 May 2013

		DOCKET NUMBER:  AR20130000602 


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 back pay of Army Medical Department (AMEDD) Board Certification Pay (BCP) for the period 1 January 2011 to 27 November 2011.

2.  The applicant states BCP for Medical Corps officers is paid for maintaining board certification in one or more medical specialties.  He was initially board certified in Family Medicine in 2003, with an initial 7-year certificate (initial expiration December 2010).  This was extended to a 10-year certificate in March 2010 (expiration extended to December 2013).  While his local credentials (at the military treatment facility) were updated to reflect this, special pay records were not updated.  Due to this, special pay stopped as of December 2010.  He has been board certified in Family Medicine continuously since 2003 (no lapse in board certification).  He has also been board certified in Preventive Medicine since 2009 and Occupational Medicine since 2010.  BCP has been restarted effective 27 November 2012 (and back pay will be paid through AMEDD Special Pay Branch for one year prior, 28 November 2011 - 27 November 2012); however, they cannot process back payment for the period of 1 January 2011 through 27 November 2011.  AMEDD Special Pay Branch directed him to the Army Review Boards Agency to process this correction.

3.  The applicant provides:

* All Army Activities (ALARACT), subject:  ALARACT Army Medical Corps Officer Special Pay Policy, Plan, and Rates, dated 6 December 2010
* 
a letter from the American Board of Family Practice, Inc., dated August 2003
* a letter from the American Board of Family Practice, Inc., dated 22 March 2010
* a letter from The American Board of Preventive Medicine, Inc., dated
10 December 2008
* a letter from The American Board of Preventive Medicine, Inc., dated
4 December 2009
* his American Medical Association (AMA) Physician Profile, dated 19 July 2012
* his Leave and Earning Statements (LES) from 1 December 2010 through 30 November 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the Regular Army (RA) in the rank/grade of lieutenant colonel (LTC)/O-5 as a Medical Corps officer.

2.  His profile according to the AMA shows he holds the following board specialty certificates, certified by the American Board of Family Medicine:

Certificate
Effective
Expiration
Family Medicine
11 July 2003
31 December 2013
Occupational Medicine
1 January 2010
31 January 2020
Public Health & General Preventive Medicine
1 January 2009
31 January 2019
3.  In the processing of this case, on 28 February 2013 an advisory opinion was obtained from the AMEDD Special Pay Branch, Office of The Surgeon General (OTSG).  The advisory official stated that a review of the applicantÂ’s military pay account indicated his BCP was stopped on 31 December 2010 and restarted on 28 November 2011 with a current expiration date of 31 December 2020.  There is no record of authorization or payment of BCP for the period 1 January 2011 through 27 November 2011.

4.  The advisory official states the applicant is eligible to receive BCP for the period 1 January 2011 through 27 November 2011.  Utilize a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 12 June 2000 for the correct pay rate level.

5.  On 12 March 2013, the advisory opinion was forwarded to the applicant via email for information and to allow him the opportunity to submit comments or a rebuttal.  On 14 March 2013, the applicant concurred with the advisory opinion's recommendation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was board certified in family medicine for the entire period from December 2010 through 27 November 2011.  Furthermore, upon discovery of the error on 28 November 2012, his BCP was restarted effective 28 November 2011.  In previous opinions, OTSG has stated they only have the authority to pay 1-year retroactive pay.

2.  The OTSG did not authorize payment of BCP for the period 1 January 2011 through 27 November 2011 only because to do so would have exceeded its authority, as granted, by the Defense Finance and Accounting Service (DFAS).  However, it did recommend that the Board approve this payment.

3.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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 that he was entitled to BCP for the period 1 January 2011 through 27 November 2011 based on a HPPED or finance MS-Pay Date of 12 June 2000; and


	b.  paying him the appropriate retroactive pay due as a result of this correction.



      ________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)                                         AR20130000602



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ABCMR Record of Proceedings (cont)                                         AR20130000602



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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