IN THE CASE OF:
BOARD DATE: 25 June 2015
DOCKET NUMBER: AR20140016972
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, in effect, retroactive payment of Board Certification Pay (BCP) for the period 1 January 2012 to 30 September 2013.
2. The applicant states:
a. He has been a Board Certified Obstetrician/Gynecologist (OB/GYN) since 2005 and he has received appropriate pay for his certification until 31 December 2011, at which point it was stopped.
b. He was told by a local pay clerk that the action was stopped because it was only valid for the initial 6 years of certification, but this is not true.
c. According to the applicable law, medical officer BCP continues as long as he maintains board certification, and he has maintained his board certification.
3. The applicant provides:
* Department of Defense 7000.14-R (Financial Management Regulation) Volume 7A, Chapter 5, Page 5-25
* American Board of Medical Specialties Board Certification Credential Profile
* American Board of OB/GYN Letters, dated 31 December 2011, 16 December 2012, and 29 October 2013
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving on active duty as a physician board certified in OB/GYN.
2. An advisory opinion rendered by the Chief, Army Medical Department (AMEDD) Special Pay Branch, shows the applicant did not receive BCP for the period 1 January 2012 through 30 September 2013 even though official documentation indicates certification during this period and eligibility for the entitlement.
3. The Chief, AMEDD Special Pay Branch, stated:
a. Requests for BCP are initiated by the officer through his or her supporting human resources office. A review of the applicant's supporting documentation and available finance data indicates that the officer received BCP from 18 November 2005 through 31 December 2011. Upon notification, that office restarted authorized payments of BCP commencing on 1 October 2013 with an expiration date of 31 December 2014. There is no record of submission, authorization, or payment of BCP for the period 1 January 2012 through 30 September 2013.
b. The applicant was eligible to receive BCP for the period 1 January 2012 through 30 September 2013. Utilizing a health professions pay entry date or finance medical special pay date of 3 June 2000 for the correct pay rate level, the retroactive payment should be determined by the Defense Finance and Accounting Service.
4. The opinion was forwarded to the applicant for acknowledgement and possible rebuttal on 22 October 2014. He did not respond.
DISCUSSION AND CONCLUSIONS:
The opinion rendered by OTSG clearly states the applicant was fully qualified and eligible for the BCP during the period requested. Accordingly, he should be paid.
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 he applied for BCP for the period 1 January 2012 to 30 September 2013 and that his application was accepted and approved; and
b. paying the applicant BCP for the period 1 January 2012 to 30 September 2013 using a health professions pay entry date or finance medical special pay date of 3 June 2000 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.
ABCMR Record of Proceedings (cont) AR20140016972
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