IN THE CASE OF:
BOARD DATE: 27 May 2014
DOCKET NUMBER: AR20140004042
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 correction of his records to show he was entitled to Board Certification Pay (BCP) for calendar year 2012.
2. The applicant states his Leave and Earnings Statement does not show him receiving BCP and a query by military personnel staff shows that he has not received this pay.
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* Officer Record Brief (ORB)
* Memorandum from the Credentialing Coordinator, Headquarters, U.S. Army Medical Department Activity (AMEDD), Fort Campbell, KY, dated 21 February 2014
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty as a Regular Army commissioned officer in the rank/grade of lieutenant colonel/O-5 in the Medical Corps.
2. His ORB shows he was granted a Doctor of Medicine degree in Osteopathic General Medicine in 2000.
3. The applicant provides a memorandum from the Credentialing Coordinator, AMEDD, dated 21 February 2014, which shows he completed the requirements of the American Board of Obstetrics and Gynecology and that he was certified by the same Board in Obstetrics and Gynecology for the period 11 November 2005 through 31 December 2014.
4. On 18 April 2014, the Chief, AMEDD Special Pay Branch, Office of the Surgeon General (OTSG), Falls Church, VA, provided an advisory opinion. He stated:
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's BCP expired on 31 December 2011. There is no record of authorization for payment of BCP for the period commencing 1 January 2012.
b. The applicant was eligible to receive BCP for the 24-month period of 1 January 2012 through 31 December 2013, with his pay rate level computed on a Health Professions Pay Entry Date (HPPED) or Medical Special Pay (MSP) date of 7 June 2000. The retroactive payment for this total period is approximately $7,791.66 prior to taxes; the exact payment to be determined by the Defense Finance and Accounting Service.
5. On 22 April 2014, 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. He did not respond within the specified timeframe.
6. 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 include 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.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's certification by the American Board of Obstetrics and Gynecology effective 11 November 2005 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 2012 through 31 December 2013. However, for unknown reasons, he failed to receive BCP for the period in question.
2. In view of the foregoing, he should be paid retroactive BCP for the period the period 1 January 2012 through 31 December 2013.
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 showing the applicant applied for and was authorized payment of BCP for the period 1 January 2012 through 31 December 2013, utilizing an HPPED or MSP date of 7 June 2000 for the correct pay-rate level and paying him retroactive BCP as a result of this correction.
_______ _ _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) AR20140004042
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