IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140008493
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 payment of Board Certification Pay (BCP) for the period 1 January 2012 through 9 February 2014.
2. The applicant states he discovered the BCP had been dropped when reviewing his Leave and Earnings Statement (LES) in January of 2014. He contacted his special pay manager in February 2014 who restarted his BCP. After reviewing his available LES's he found that his BCP had not been paid for at least 11 months. Since his board certification has not lapsed since he first received his certification in October 2004, he is requesting approval for backpay of BCP.
3. The applicant provides copies of his Officer Record Brief and three American Board of Pediatrics certification letters.
CONSIDERATION OF EVIDENCE:
1. The applicant attended the U.S. Military Academy from 1993 through 1997, receiving his commission upon graduation and transferring to the U.S. Army Reserve while attending medical school.
2. He completed his medical degree on 3 June 2001 and entered active duty as a pediatrics intern on 4 June 2001. He completed his Pediatrics residency on 30 June 2004.
3. He was granted American Board of Pediatrics certification on 19 October 2004 and commenced receipt of BCP.
4. Certification notices from the American Board of Pediatrics show the applicant's first certification was valid from 19 October 2004 through 31 December 2011 and that he passed an advanced certification process in March 2011 with a new certification being issued in August 2011.
5. An advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch recommending granting of relief. The review of the applicant's documentation and available financial records found that the applicant had received BCP from 19 October 2004 through 31 December 2011, a stop payment was issued in 2011, and his BCP was resumed effective 10 February 2014 with a certification expiration date of 31 December 2016. It was opined that the applicant is shown to have been eligible for receipt of BCP for the 25-month period between 1 January 2012 and 9 February 2014 and it would be appropriate to grant him retroactive payment in the amount of $7,625.00 less withholdings.
6. A copy of the advisory opinion was forwarded to the applicant. No additional comments were received from the applicant.
DISCUSSION AND CONCLUSIONS:
1. The applicant qualified for and received BCP from 19 October 2004 through 31 December 2011. Prior to the expiration of his certification, the applicant successfully passed the requirements for continued certification. However, he was not paid BCP between January 2012 and February 2014.
2. Since the applicant is shown to have maintained the requirements for receipt of BCP from the date he was initially awarded the BCP through the current time, it would be appropriate to void the 2011 stop payment order, show he submitted the necessary documentation to continue his BCP in 2001, and have DFAS retroactively pay the applicant the proper BCP for the period 1 January 2012 through 9 February 2014 less appropriate withholding.
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:
a. showing the applicant submitted the required documentation and was approved to continue receipt of BCP in 2011; and
b. having DFAS retroactively pay the applicant the proper BCP for the period 1 January 2012 through 9 February 2014 less appropriate withholding.
_______ _ _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) AR20140008493
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