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ARMY | BCMR | CY2014 | 20140002365
Original file (20140002365.txt) Auto-classification: Approved

		IN THE CASE OF:  

		BOARD DATE:  29 April 2014

		DOCKET NUMBER:  AR20140002365 


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 retroactive payment of Board Certification Pay (BCP) for the period 18 November 2012 to 17 November 2013.

2.  The applicant states that:

	a.  He graduated from Madigan Army Medical Center in September 2011.  The written boards for General Surgery are only once a year in August.  He received orders with deployment starting in June 2012.  Due to this he was unable to register for the Qualifying Examination until May 2013 which he did, and he passed his written boards in August 2013.  He immediately registered for the oral boards and passed these in November of 2013, a year after he initially intended to take his boards.

	b.  He would have been board certified earlier had he not been deployed.  He was advised that he could get reimbursed for this after he successfully passed his boards.

3.  The applicant provides copies of:

	a.  A 4 April 2003 Office of the Surgeon General (OTSG) memorandum, forwarding a Letter of Instruction (LOI) for Medical Board Examinations to the field;

	b.  Pages 5-11 of Department of Defense Financial Management Regulation (DoDFMR) Volume 7A, Chapter 5; 
	c.  An American Board of Surgery letter, dated March 2011, Subject:  2011 General Surgery Qualifying Examination;

	d.  A 14 November 2011 email note, Subject:  (Applicant's) Deployment;

	e.  Orders KX-086-0001, Headquarters, U.S. Army Installation Management Command, Fort Knox, Kentucky, dated 26 March 2012; and

	f.  An American Board of Surgery letter, dated 21 November 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Regular Army Medical Corps major (MAJ).

2.  In support of his request he provides copies of:

	a.  A 4 April 2003 LOI allowing for retroactive board pay for medical officers who were unable to schedule or take the examinations due to operational requirements provided they successfully complete the board examination at the next available date after return from the contingency operation.
 
	b.  Email notes showing he would receive back pay if he could not take the BCP tests prior to deployment if he passed the tests after deployment.

	c.  Orders showing he was scheduled for deployment to Afghanistan on 
26 May 2012 for a period not to exceed 149 days.

	d.  A 21 November 2013 letter showing he was board certified starting 
18 November 2013 with an expiration of 1 July 2024.

3.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch.  The opining official stated:

	a.  The applicant indicated he was unable to take the certification examination due to deployment.  Upon return the applicant completed the examination requirements and was awarded board certification effective 18 November 2013.  DoDFMR 7000.14-R, paragraph 050603 allows the effective date for BCP to be established retroactive to the date he would have been originally certified.

	b.  Based on the waiver authority the applicant is eligible to receive BCP retroactive to 18 November 2012.  Utilizing a Health Professions Pay Entry Date (HPPEDD) of 17 June 2005 for the correct pay level, the retroactive payment for the 1-year period of 18 November 2012 through 17 November 2013 is approximately $2,500; exact payment to be determined by the Defense Finance and Accounting Service (DFAS).

4.  A copy of the advisory opinion was sent to the applicant for his information and comments.  A response was not received.

DISCUSSION AND CONCLUSIONS:

The available evidence shows the applicant is fully qualified and eligible for retroactive payment of BCP during the period requested.  Accordingly, he should be paid.

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 granted a waiver to receive retroactive payment of BCP for the period 18 November 2012 through 17 November 2013; and

   b.  DFAS determining the amount of BCP due for the above period and paying him all monies due.




______________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)                                         AR20120020711



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ABCMR Record of Proceedings (cont)                                         AR20140002365



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