IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130004166
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 Board Certification Pay (BCP) retroactive to September 2011.
2. He states he has been board certified since September 2011 and is entitled to monthly BCP that he did not receive. He was under the impression that his record had been updated to reflect his board certification when he applied for reimbursement of the fee for the board certification examination and that the monthly bonus pay would begin automatically. He was incorrect.
3. He provides a certificate and letter from The American Board of Psychiatry and Neurology.
CONSIDERATION OF EVIDENCE:
1. Following a period of commissioned service in the U.S. Army Reserve, the applicant executed the oath of office in the Regular Army, Medical Corps, in the rank/grade of captain/O-3 on 15 May 2004. He is currently serving in the Regular Army as a Medical Corps major/O-4.
2. He provides a certificate and letter from The American Board of Psychiatry and Neurology showing he passed the examination for certification in the specialty of psychiatry held on 15 and 16 September 2011. The certificate shows he is board certified for the period September 2011 to 31 December 2021.
3. On 13 May 2013, the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General, Falls Church, VA, provided an advisory opinion. The advisory official states a review of the documentation provided by the applicant indicates he was board certified but was never authorized BCP. The advisory official confirms the applicant is eligible to receive retroactive BCP for the period 15 September 2011 through the expiration of his board certification on 31 December 2021. Utilize a Health Professions Pay Entry Date (HPPED) or finance Medical Specialty Pay Date of 1 July 2004 for the correct pay rate level. The retroactive payment for the total period is approximately $4,167.00 prior to taxes; the exact payment should be determined by the Defense Finance and Accounting Service.
4. The applicant was provided an opportunity to respond to the advisory opinion, but he did not respond.
5. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces. For Army Medical Corps officers (physicians), these special pays include BCP, which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the HPPED.
DISCUSSION AND CONCLUSIONS:
1. The evidence supports the applicant's request for payment of BCP retroactive to September 2011.
2. The evidence shows he received board certification from The American Board of Psychiatry and Neurology in September 2011. The advisory official confirms that he was not previously authorized payment of BCP. The documentation he provides shows the examination period concluded on 16 September 2011. He could not have been board certified prior to the end of the examination period. Therefore, it would be appropriate to show his eligibility for BCP began on 17 September 2011.
3. Based on the foregoing and the advisory official's recommendation to approve the applicant's request, it would be appropriate to correct his records to show he applied for BCP and his request was approved in a timely manner to be effective 17 September 2011. He should be paid any BCP he is due as a result of this correction.
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 applied for BCP and his request was approved in a timely manner to be effective 17 September 2011; and
b. paying him any BCP he is due at the appropriate pay rate 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) AR20130004166
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