IN THE CASE OF:
BOARD DATE: 10 September 2013
DOCKET NUMBER: AR20130008838
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, payment of all Board Certification Pay (BCP) that he is owed for the period July 2010 through May 2011.
2. The applicant states:
a. In July 2010, he was assigned to Madigan Army Medical Center (MAMC), Joint Base Lewis-McChord, WA, and started a Fellowship in Medical Training. He was not paid all of the BCP he was entitled to receive after he started the Army Fellowship in July 2010. A copy of his board status was requested and that appears to be when the back pay of $4,200.00 was applied in September 2012.
b. The available Defense Finance and Accounting Service (DFAS) leave and earnings statements (LES) he has show he was not paid BCP in July, August, September, and November 2010, or in February, April, and May 2011. He was told by Headquarters, Department of the Army, Office of The Surgeon General (OTSG) to submit a request for the lost BCP pay.
3. The applicant provides a memorandum, two letters, an email, a certificate, and 18 LES', for pay periods between July 2010 and October 2012.
CONSIDERATION OF EVIDENCE:
1. The applicants records show he was appointed as a U.S. Army Reserve captain on 4 June 1999 and he entered active duty on 4 July 1999. He was promoted to the rank/grade of lieutenant colonel (LTC) in the Regular Army on 18 May 2011 and in the area of consideration of 60Q (Pediatric Cardiologist). He is currently serving on active duty and is assigned to Company C, Troop Command, Landstuhl, Germany.
2. The applicant provides a certificate issued by The American Board of Pediatrics that shows he was certified in pediatrics on 15 October 2002.
3. He also provides his LES, for the pay period 1 to 31 October 2012, that shows he was paid BCP in the amount of $333.33 for that month.
4. In connection with the processing of this case an advisory opinion, dated 20 June 2013, was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, OTSG. The advisory official stated:
a. The applicant indicates he was not fully paid BCP for the certification period July 2010 through May 2011 although he was board certified by the American Board of Pediatrics.
b. Requests for BCP are initiated by the officer through their supporting Human Resource Office. A review of supporting documentation and available special pay and finance data indicated the applicants recent BCP was started on 1 January 2010 with current expiration of 31 December 2015. An audit indicated the applicant failed to receive payments of BCP for the periods 1 July through 30 September 2010, 1 through 30 November 2010, 1 through 28 February 2011; and 1 April through 31 May 2011.
c. The applicant was eligible to receive BCP for the 7 month period listed above. Recommend he be retroactively paid approximately $2,333.31 prior to withholdings, utilizing a Health Professions Pay Entry Date (HPPED) or DFAS pay date of 4 July 1999.
5. On 21 June 2013, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments; however, he did not respond.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant was eligible for BCP but did not receive it for the 7-month period of 1 July through 30 September 2010, 1 through 30 November 2010, 1 through 28 February 2011, and 1 April through 31 May 2011. It appears, for unknown reasons, his BCP may not have been submitted in a timely manner or processed correctly after he was assigned to MAMC, Joint Base Lewis-McChord, WA, in July 2010. Therefore, he should be paid the retroactive BCP he is owed as recommended by the advisory official.
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 the applicant timely applied for and was authorized BCP for the
7-month period from 1 July through 30 September 2010, 1 through 30 November 2010, 1 through 28 February 2011, and 1 April through 31 May 2011;
b. DFAS determining the exact amount of BCP the applicant is owed for the above period; and
c. paying him the retroactive BCP he is owed.
__________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) AR20130008838
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