IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20140003324
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 January 2013 to February 2014.
2. He states he has been a board certified obstetrics/gynecology physician since December 2011. He adds that he has received board certification special pay every month until 31 December 2012, at which time he was deployed to Afghanistan and did not realize his BCP was stopped.
3. He provides the American Board of Obstetrics and Gynecology Certification letters.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a U.S. Army Reserve second lieutenant Medical Corps officer and he executed an oath of office on 12 September 2001. On 9 June 2005, he was ordered to active duty. He served 8 years, 8 months, and 22 days on active duty and he was honorably discharge in the rank/grade of MAJ/O-4 on 28 February 2014.
2. His American Board of Obstetrics and Gynecology Certification letters show on:
* 16 December 2012, he satisfactorily completed the 2012 Maintenance of Certification (MOC) assignments and his certification was valid through
31 December 2013
* 18 November 2013, he satisfactorily completed the 2013 MOC assignments and his certification was valid through 31 December 2014
* 17 February 2014, he was notified that his certification was effective from 9 December 2011 through 31 December 2012
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General (OTSG), dated 4 April 2014, who states:
a. BCP requests are initiated by the officer through his/her supporting human resources office. A review of supporting documentation and available finance data indicates the applicant had BCP expired on 31 December 2012. Due to the applicant's departure from active duty on 28 February 2014, the office could not process BCP payments in arrears.
b. The applicant was eligible to receive BCP for the 14-month period 1 January 2013 to 28 February 2014, with his pay rate level computed on a Health Professions Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 9 June 2005 for the correct pay rate level. The retroactive payment for this total period is approximately $2,917.00 prior to withholding; the exact payment to be determined by the Defense Finance and Accounting Service.
4. The advisory opinion was furnished to the applicant for acknowledgement and/or comments. On 21 April 2014, the applicant acknowledge receipt of the OTSG correspondence.
5. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide 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 are:
a. Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty;
b. BCP which is paid monthly to all board certified Medical Corps officers based upon their dates of board certification and their creditable service used to establish the HPPED;
c. Medical Additional Special Pay which is paid to all Medical Corps officers upon completion of their internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations;
d. Incentive Special Pay which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a
1-year active duty obligation that may be served concurrently with all other obligations; and
e. Multi-year Special Pay which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialties. This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was certified by the American Board of Obstetrics and Gynecology effective 9 December 2011 through
31 December 2014. Further, the advisory opinion rendered by OTSG clearly shows he was fully qualified and eligible for BCP during the period 1 January 2013 to 28 February 2014.
2. In view of the foregoing, he should be paid retroactive BCP for the period 1 January 2013 to 28 February 2014.
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
showing he applied for and was authorized payment of BCP for the period 1 January 2013 to 28 February 2014 utilizing an HPPED or MSP date of 9 June 2005 for the correct pay-rate level.
_______ _ _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) AR20140003324
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