BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20140004266
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 1 January 2010 through 29 January 2013.
2. He states he has not received medical BCP since 31 December 2009, even though his board certification status has remained active since that time.
3. He provides his American Board of Obstetrics and Gynecology Certification letters and diplomas.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a Regular Army Medical Corps lieutenant colonel.
2. He provided two diplomas from the American Board of Obstetrics and Gynecology: dated 9 January 2004 and 31 December 2010. Both diplomas show he met the standards and qualifications and passed the examinations required by the American Board of Obstetrics and Gynecology. His diploma, dated 9 January 2004, shows his certification was from 9 January 2004 through 31 December 2009.
3. His American Board of Obstetrics and Gynecology Certification letters show:
* on 21 November 2010, he satisfactorily passed the 2010 Maintenance of Certification Part II and his certification was current through 31 December 2011
* on 2 September 2011, he satisfactorily passed the 2011 Maintenance of Certification Part II assignments and his certification was "active" through 31 December 2012
* on 4 December 2012, he satisfactorily passed the 2012 Maintenance of Certification Part II assignments and his certification was "active"
* on 3 November 2013, he satisfactorily passed the 2013 Maintenance of Certification assignments and his certification was "active"
4. The applicant's records are void of a certificate for the period 1 January 2010 through 20 November 2010 that shows he was board certified during that period.
5. 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 18 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's BCP expired on 31 December 2009. OTSG authorized retroactive payments commencing on 30 January 2013 with a current expiration date of 31 December 2014. There is no record of submission, authorization, or payment of BCP for the period commencing on 1 January 2010.
b. The applicant was eligible to receive BCP for the period 1 January 2010 to 29 January 2013 with his pay rate level computed on a Health Professions Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 7 July 1996 for the correct pay rate level. The retroactive payment for this total period is approximately $14,833.33 prior to income tax withholding; the exact payment to be determined by the Defense Finance and Accounting Service.
6. The advisory opinion was furnished to the applicant for comment and the applicant agreed with the advisory opinion on 21 April 2014.
7. 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. Although the American Board of Obstetrics and Gynecology certification for the period 1 January 2010 through 20 November 2010 was not available for review, the advisory opinion rendered by OTSG clearly shows he was fully qualified and eligible for BCP during the period 1 January 2010 through 29 January 2013.
2. In view of the foregoing, he should be paid retroactive BCP for the period 1 January 2010 through 29 January 2013.
BOARD VOTE:
___x_____ __x______ __x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 he applied for and was authorized payment of BCP for the period 1 January 2010 through 29 January 2013 utilizing an HPPED or MSP date of 7 July 1996 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.
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