BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140003178
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 reimbursement of Board Certification Pay (BCP) for the period 1 January 2007 through 1 October 2012 and Incentive Special Pay (ISP) for the period of October 2011 through September 2012.
2. The applicant states that since his graduation from West Point on 1 July 1983 until his retirement on 31 December 2012 he served honorably. He received his board certification in Physical Medicine and Rehabilitation on 22 May 1996 and maintained it without a break. However, his additional BCP was arbitrarily stopped from 1 January 2007 through 1 October 2012 and he did not receive his ISP for the period October 2011 to September 2012. He applied for his bonuses; however, because of administrative errors associated with the closure of Walter Reed Army Medical Center under the Base Realignment and Closure (BRAC) he did not receive his bonuses.
3. The applicant provides a two-page letter explaining his application, DD Form 214 (Certificate of Release or Discharge from Active Duty), retirement orders, board certification, a letter from the Defense Finance and Accounting Service (DFAS), application for BCP, and copies of emails related to his pay.
CONSIDERATION OF EVIDENCE:
1. The applicant graduated from the United States Military Academy (USMA) on 27 May 1987. He incurred a 5-year ADSO.
2. On 4 August 1987, he applicant entered the Uniformed Services University of Health Sciences (USUHS) to attend a 4-year medical school program. He was separated from the Regular Army and entered the US Army Reserve in order to
attend USUHS. When he graduated from USUHS, he was appointed a Captain, Medical Corps on 18 May 1991 and entered active duty.
3. Following his graduation from USUHS, the applicant completed graduate medical education (GME) in Physical Medicine. He remained on active duty and was promoted to the rank of colonel on 2 September 2009. He retired on 31 December 2012.
4. In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) which opines, in effect, that the applicant was eligible to receive BCP for the period 20070101 20120930 utilizing a Health Professions Pay Entry Date (HPPRD) of 19910518 for the correct pay rate level and ISP for the period for the period 20111001 20120930 at a rate of $20,000 per year.
5. The advisory opinion was provided to the applicant for comment and on 1 May 2014, he provided a two-page letter in which he essentially concurred with the opinion.
6. Incentive Special Pay (ISP) is paid annually and is currently authorized for all Army Medical Corps specialties. This incentive requires a written agreement to remain on active duty for one year from the agreement effective date. Depending on an officer's medical specialty, ISP amounts range from $12,000 to $36,000.
DISCUSSION AND CONCLUSIONS:
1. Notwithstanding that it is the officers responsibility to initiate action and follow through to completion the necessary actions to receive an approved incentive contract, the applicant did perform the duties of a physical medicine physician during the period 20070101 20120930 and he was eligible to receive the BCP at a rate of $20,000 a year.
2. Additionally, the advisory opinion from OTSG states he was eligible to receive ISP at a rate of $20,000 per year for the period 20111001 20120930.
3. Therefore, as a matter of equity, the applicants record should be corrected to show he submitted his contracts to OTSG for BCP for the period 20070101 20120930 and ISP for the period 20111001 20120930 in a timely manner.
4. Accordingly, OTSG should accept and authorize retroactive payments of BCP for the period 20070101 20120930 and ISP for the period 20111001 20120930.
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 timely submitted his applications for BCP for the period 20070101 20120930 and ISP for the period 20111001 20120930,
b. showing the appropriate office timely received and processed his applications for BCP for the period 20070101 20120930 and ISP for the period 20111001 20120930, and
c. paying him BCP for the period 20070101 20120930 and ISP for the period 20111001 20120930 as a result of these corrections.
_______ _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) AR20140003178
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