IN THE CASE OF:
BOARD DATE: 5 February 2015
DOCKET NUMBER: AR20140017426
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) effective 21 May 1993 through April 2006.
2. The applicant states she received BCP for only one year. The pay was discontinued as of 21 May 1993 and the error was not detected until March 2006. BCP was subsequently reinstated and continues to this day.
3. The applicant provides:
* 46 pages of Leave and Earnings Statements
* 10 pages of DA Form 5440-1 (Delineation of Privileges - Dentistry)
* DA Form 5441-1 (Evaluation of Privileges - Dentistry)
* 2 memoranda
* 2 certificates
* a letter
* a diploma
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of colonel assigned to the Army Medical Department (AMEDD) Center and School, Fort Sam Houston, Texas, in the Army Dental Corps.
2. In the processing of this case, on 6 November 2014, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch. The advisory official stated:
a. The applicant indicates that her BCP was not paid from 21 May 1993 through 30 April 2006, a period the applicant claims they were not required to recertify in the specialty of Comprehensive Dentistry.
b. Requests for BCP are initiated by the officer through their chain of command's supporting Human Resource/Personnel/S1 office. If board certification renewals are issued, they must also be submitted to ensure BCP continues uninterrupted. A review of supporting documentation and available special pay and finance electronic data indicates the applicant received payment of BCP from 21 May 1992 to 20 May 1993 and 1 March 2006 to date, with a current expiration of 31 December 2018 coinciding with the applicant's mandatory removal date. There is no record of submission, authorization, or payment of BCP for the missing period 21 May 1993 through 28 February 2006.
c. There is no documentation to indicate board certification for the missing period of BCP from 21 May 1993 through 28 February 2006. The American Board of General Dentistry (ABGD) was contacted to verify certification. The ABGD provided no verification and indicated the following details: The Federal Services Board of General Dentistry (FSBGD) merged with the ABGD in October 2003. Active, retired, or separated Diplomates of the FSBGD would become Board Certified by the ABGD within two years of the merger of the two boards after completing the "grandfathering" application process. The FSBGD Diplomates who do not grandfather into the ABGD by 31 August 2005 would be required to successfully pass the ABGD Written and Oral Examinations to obtain Board Certification. The board has had a 5-year requirement for recertification since 1984.
d. With proper submission of board certification credentials through the applicant's command, the applicant would have been eligible to receive BCP for the missing period of 21 May 1993 through 28 February 2006. However, based on the aforementioned ABGD policy and lack of board certification verification, the request for payment of the missing BCP period cannot be validated or supported without the proper board certification documentation.
3. The applicant responded to the advisory opinion by submitting a letter from the ABGD, dated 5 December 2014, in which the Executive Director, ABGD stated the applicant was awarded Board Certification by the FSBGD on 21 May 1992. She was "grandfathered" in when the FSBGD merged with the ABGD. She met her recertification requirements with the FSBGD in 1997 and with the ABGD in 2002, 2007, and 2012. Her next recertification will be due in 2017.
4. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant was awarded Board Certification by the FSBGD on 21 May 1992. She was "grandfathered" in when the FSBGD merged with the ABGD. She met her recertification requirements with the FSBGD in 1997 and with the ABGD in 2002, 2007, and 2012.
2. Contrary to the applicant's contention that she should receive BCP for the period 21 May 1993 through April 2006, the evidence appears to show she was eligible to receive BCP for the period of 21 May 1993 through 28 February 2006 (Finance records indicate her BCP was restarted effective March 2006 to date).
3. In view of the foregoing the applicant's request should be partially granted.
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 by:
a. showing the applicant was approved for BCP; and
b. paying her BCP in arrears for the period 21 May 1993 through 28 February 2006.
2. The Board further determined that the evidence presented is 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 paying her BCP for the period 21 May 1993 through April 2006.
____________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) AR20140017426
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ABCMR Record of Proceedings (cont) AR20140017426
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