BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130013163
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) for the period 1 October 2010 to 30 September 2012.
2. He states:
a. he is an active duty Army physician who is currently serving as the physician to the Vice President and he's stationed at the White House.
b. he has been a Board Certified Family Physician since 1995 with recertification in 2002 and 2009.
c. he discovered his BCP apparently stopped on 31 December 2009. There has never been a lapse in his board certification.
d. he presumed when his 2002-2009 certification expired, the Defense Finance and Accounting Service (DFAS) did not receive notice of his recertification for 7 years (2009-2016). He contacted the Office of The Surgeon General (OTSG), Special Pay Division and they were able to pay his BCP retroactive to 1 October 2012, but he was instructed to contact the Army Board for Correction of Military Records to coordinate a DFAS payment for 1 October 2010 to 30 September 2012.
3. He provides:
* Letter from the American Board of Family Medicine, Incorporated, dated 5 September 2009
* American Board of Family Practice recertification for the period 1995 to 2002
* American Board of Family Practice recertification for the period 2002 to 2009
* American Board of Family Medicine recertification for the period 2009-2016
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of colonel/O-6.
2. On 16 March 2004, he was appointed as a Regular Army commissioned officer in the rank of lieutenant colonel.
3. He provided the following certificates which show:
a. American Board of Family Practice (1995-2002) - he was certified as a Diplomate for the period 1995 to 2002.
b. American Board of Family Practice (2002-2009) - he was recertified as a Diplomate for the period 2002 to 2009.
c. American Board of Family Medicine (2009-2016) - he was recertified as a Diplomate for the period 2009 to 2016.
4. He also provided a letter, dated 5 September 2009, from a Verification Coordinator, American Board of Family Medicine, Incorporated, who verified the applicant was certified with the American Board of Family Medicine. The coordinator listed the applicant's Family Medicine Certification history from 14 July 1995 to 11 July 2002, 12 July 2002 to 15 July 2009, and 16 July 2009 to 31 December 2016. The applicant's current status was listed as "Participating and Current."
5. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, OTSG. The advisory official stated:
a. the applicant indicates his BCP was not fully paid for the certification period 1 October 2010 to 30 September 2012 although he was certified by the American Academy of Family Physicians.
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 indicates the applicant's BCP was restarted 1 October 2012 with current expiration 31 December 2016. There is no record of submission, authorization, or payment of BCP for the period 1 October 2010 to 30 September 2012.
c. the applicant is eligible to receive BCP for the period 1 October 2010 to
30 September 2012. The retroactive payment for this total period is approximately $15,950 prior to withholding, exact payment to be determined by DFAS-Indiana.
6. A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. On 26 August 2013, the applicant concurred with the advisory opinion.
7. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides 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 Health Professional Pay Entry Date.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was recertified by the American Academy of Family Practice for the period 2009 to 2016.
2. However, his service record does not indicate he submitted for or was authorized payment of BCP for the period 1 October 2010 to 30 September 2012.
3. The Chief of the AMEDD Special Pay Branch supported payment of retroactive BCP agreement for approximately $15,950 effective 1 October 2010 to 30 September 2012.
4. In view of the foregoing, his records should be corrected to show entitlement to this medical specialty pay.
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 he was issued a BCP contract effective 1 October 2010 with an obligation through 30 September 2011;
b. showing he was issued a BCP contract effective 1 October 2011 with an obligation through 30 September 2012; and
c. paying him based on the contracts executed in paragraphs a and b above.
_______ _ 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) AR20130013163
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