IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130008585
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) from 1 January 2010 through 30 September 2012.
2. The applicant states he did not receive his BCP despite being board certified in internal medicine from 1 January 2010 through 30 September 2012. He was not notified that this entitlement was removed or asked to provide his board certification renewal which is valid from 2009 through 2019. An inquiry into his special pay revealed that his initial BCP ($333.33 per month) was stopped on 31 December 2009 due to the expiration of his certification.
3. The applicant provides a Certificate of Board Certification in Internal Medicine for the period 2009 through 2019.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was commissioned as a Regular Army Medical Corps (MC) officer in the grade of major on 18 May 1996. He currently serves as a board-certified physician in the rank of colonel.
2. His records contain a letter from the American Board of Internal Medicine, dated 25 October 1999, which states he is certified in internal medicine with the American Board of Internal Medicine. This letter shows he was initially certified in internal medicine from August 2009 through 31 December 2009.
3. His records contain a Certificate of Board Certification in Internal Medicine for the period 2009 through 2019.
4. During the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG), dated 10 June 2013. OTSG stated:
a. The applicant indicated that his BCP stopped for no reason as of 31 December 2009, although he remained board certified by the American Board of Internal Medicine through 2019.
b. Requests for BCP are initiated by officers through their supporting human resources office. A review of supporting documentation and available special pay and finance data indicates the applicant's BCP was paid uninterrupted through 31 December 2009 and then restarted 1 October 2012 with a current expiration date of 31 December 2019. There is no record of authorization or payment of BCP for the missing period 1 January 2010 to 30 September 2012.
c. The applicant is eligible to receive BCP for the 33-month period 1 January 2010 to 30 September 2012. Utilize a Health Professions Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 18 May 1996 for the correct pay rate level. The retroactive payment for this total period is approximately $11,833 prior to withholding, exact payment to be determined by the Defense Finance and Accounting Service Indianapolis (DFAS-IN) Center.
5. The advisory opinion was forwarded to the applicant, but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The OTSG database shows the applicant, though board certified in 2009 through 2019, did not receive the BCP he was entitled to receive for the
33-month period 1 January 2010 to 30 September 2012.
2. In view of the foregoing, the applicant's is entitled to BCP from 1 January 2010 to 30 September 2012.
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 showing the applicant applied for and was authorized payment of BCP for the period 1 January 2010 to 30 September 2012 utilizing an HPPED or MSP date of 18 May 1996 for the correct pay-rate level and paying him retroactive BCP 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.
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