IN THE CASE OF:
BOARD DATE: 10 February 2015
DOCKET NUMBER: AR20140018598
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) from 1 January 2009 to 30 September 2014.
2. The applicant states his board certification does not have an expiration date and he was entitled to payment without interruption. He was informed that he had not been receiving a special pay which he was entitled to. His BCP expired on finance as of 20081231. However, this is a lifelong certification. He was told to petition this Board for retroactive BCP. His office can only generate retroactive BCP 11 months back.
3. The applicant provides:
* Self-authored summary of missing BCP
* Email exchange
* Temporary Change of Station orders
* Board Certification Verification
* American Medical Association Physician Profile
* Diploma of the American Board of Anesthesiology
* All Army Activities Message 367/2010, dated 6 December 2010
CONSIDERATION OF EVIDENCE:
1. On 4 October 1996, the American Board of Anesthesiology certified the applicant as a licensed graduate of medicine and a diplomate of the American Board of Anesthesiology. His certification was for a lifetime.
2. He was appointed as a Regular Army Medical Corps commissioned officer and executed an oath of office on 26 October 2006. He completed the Medical Corps Officer Basic Leader Course. He served in a variety of assignments, including deployment to Iraq, and he was promoted to lieutenant colonel in October 2006.
3. An advisory opinion was received on 2 December 2014 from the Office of The Surgeon General (OTSG) in the processing of this case. An OTSG official stated:
a. Requests for BCP are initiated by the officer through their command's supporting Human Resources office. If board certification renewals are issued, they must also be submitted to ensure BCP continues uninterrupted. A review of the applicant's records and available special pay and finance data indicates the applicant received BCP from 20061026 to 20081231. Upon notification via this request, OTSG has authorized payment of BCP commencing on 20141001, without expiration. There is no record of submission, authorization, or payment of BCP for the missing period 20090101 to 20140930.
b. With proper submission of credentials through his command, the applicant would have been eligible for BCP for the missing 69 months during the period 20090101 to 20140930, totaling approximately $32,666.67 (20090101-20100125 at $5,000/year and 20101026-20140930 at $6,000/year). The exact amount will be determined by the Defense Finance and Accounting Service utilizing a Health Professions Pay Entry Date (HPPED) or Medical Special Pay (MSP) date of 19921026 for the correct pay rate.
4. The advisory opinion was forwarded to the applicant on 3 December 2014 for his comments/rebuttal but he did not respond.
DISCUSSION AND CONCLUSIONS:
The OTSG database shows the applicant was board certified and received BCP from 26 October 2006 to 31 December 2008. Based on his request, finance data, and the supporting documentation, OTSG officials determined the applicant started receiving BCP on 1 October 2014. OTSG officials also determined he did not receive BCP from 1 January 2009 to 30 September 2014 even though he was eligible. In view of the foregoing, the applicant's 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 2009 through 30 September 2014 utilizing an HPPED or MSP date of 26 October 1992 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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