IN THE CASE OF:
BOARD DATE: 22 July 2014
DOCKET NUMBER: AR20140004867
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
31 December 2012 to 7 February 2013.
2. He states he was board certified throughout the entire period and he was serving on active duty.
3. He provides diplomas from the American Board of Otolaryngology and the Indiana University, a certificate, and a Physician Certification Search Results document.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a Regular Army Medical Corps colonel.
2. He provided:
a. A diploma from Indiana University, School of Medicine and Medical Center Hospitals which shows he was a resident in the Department of Surgery from
1 July 1994 to 30 June 1995.
b. A certificate from the National Capital Consortium, Walter Reed Army Medical Center which shows he successfully completed residency training in Otolaryngology from 1 July 1997 to 30 June 2001.
c. The American Board of Otolaryngology diploma which shows he met the standards and qualifications and successfully passed the examinations required by the Board of Otolaryngology. He was certified from 29 May 2002 to 29 May 2012.
d. A Physician Certification Search Results document shows the applicant's primary certification date was 29 May 2002 with an expiration date of 30 June 2022.
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 22 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 office first received notification and authorized payments of BCP commencing on 7 February 2014, with current expiration of 30 June 2022. The representative states that there is no record of submission, authorization, or payment of BCP for the requested period 1 January 2013 to 6 February 2014 (dates revised based on actual finance payment history of BCP).
b. The applicant was eligible to receive BCP for the missing 13-month period 1 January 2013 to 6 February 2014. The retroactive payment for this total period is approximately $6,100.00 prior to income tax withholding; the exact payment to be determined by the Defense Finance and Accounting Service utilizing a Health Professions Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 30 June 1995 for the correct pay rate level.
4. The advisory opinion was furnished to the applicant for comment, but the applicant failed to respond. However, in an e-mail, dated 8 July 2014, the applicant said he was told that his unit could take care of his back pay for the prior 12 months and the additional 1.5 months would have to be paid through the Army Board for Correction of Military Records.
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 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 American Board of Otolaryngology certification verifies that the applicant was certified from the period 29 May 2002 through 29 May 2012. Additionally, the advisory opinion rendered by OTSG clearly shows he was fully qualified and eligible for BCP during the period 1 January 2013 through 6 February 2014.
2. It appears the beginning period the applicant requested 31 December 2012 is off by one day based on the information contained in the advisory opinion. Therefore, in view of the foregoing, he should be paid retroactive BCP for the period 1 January 2013 through 7 February 2013 and per his email, the unit will take care of his back pay for the additional months noted in the advisory opinion.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 through 7 February 2013 utilizing an HPPED or MSP date of
30 June 1995 for the correct pay-rate level.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to payment of BCP for
31 December 2012.
_______ _ 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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