BOARD DATE: 12 August 2014
DOCKET NUMBER: AR20140008306
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 retroactive board certification pay (BCP) for the period 1 January 2006 to 31 March 2013.
2. The applicant states his BCP stopped in 2005 and was not identified by him. This has apparently happened to several other medical officers at Fort Drum, NY, and they didn't realize it either. One of the staff members of the Human Resources (HR) office found this issue and notified him and others of the error. It has been partially corrected by the Special Pay Branch, Office of The Surgeon General (OTSG) and his BCP was restarted on 1 April 2013. He was told to contact the Army Board for Correction of Military Records to request retroactive BCP for the period listed above.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Regular Army Medical Corps (MC) officer on 20 May 1995 in the rank of captain. He has served continuously on active duty and held the area of concentration (AOC) 61H (Family Practice Physician). He is currently serving on active duty in the rank of lieutenant colonel at Fort Drum, NY.
2. The American Board of Family Practice certified him in the specialty of family practice from 10 July 1998 to 16 July 2004 and from 17 July 2004 to 31 December 2014.
3. In the processing of this case, an advisory opinion was obtained from the OTSG on 16 June 2014. The OTSG official stated:
a. Requests for BCP are initiated by the officer through the supporting HR office. A review of the applicant's supporting documentation and available special pay and finance data indicates his BCP stopped being paid on 31 December 2005. OTSG received notification and authorized payments of BCP commencing 1 April 2013, with no current expiration date. There is no record of submission, authorization, or payment of BCP for the missing period 1 January 2006 to 31 March 2013.
b. With proper submission of credentials, the applicant would have been eligible for BCP for the period 1 January 2006 to 31 March 2013. The extremely long period of 7 years without the officer identifying the loss of BCP is extraordinary; however, he was eligible for BCP and it is an entitlement category of pay. The retroactive payment for this total period is approximately $35,000, prior to withholding. Exact payment would be determined by utilizing a Health Professions Pay Entry Date (HPPED) or Medical Special Pay (MSP) date of 20 May 1995 for the correct pay rate.
4. In a response received on 1 July 2014, the applicant stated, in effect, he agreed with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The OTSG database shows the applicant's BCP stopped being paid on 31 December 2005. It appears he was not aware of this administrative error as it does not seem reasonable that a rational person would intentionally not submit a request for BCP if he was fully eligible to do so.
2. Based on the applicant's request, finance data, and the supporting documentation, OTSG officials determined the applicant started receiving BCP again on 1 April 2013. OTSG officials also confirmed he did not receive BCP from 1 January 2006 to 31 March 2013. As it is not within OTSG purview to make retroactive payments of BCP, the applicant was advised to seek appropriate administrative relief.
3. In view of the foregoing and as a matter of equity, his records should be corrected as recommended below.
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 the applicant applied for and was authorized payment of BCP for the period 1 January 2006 to 31 March 2013 utilizing an HPPED or MSP date of 20 May 1995 for the correct pay-rate level
* 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) AR20140008306
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