BOARD DATE: 24 March 2015
DOCKET NUMBER: AR20150000039
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 to 30 November 2013.
2. The applicant states:
a. All Medical Corps officers receive BCP.
b. She has obtained and maintained all certification requirements prescribed by the American Board of Obstetricians and Gynecologists for the period December 2003 through 2015.
c. In spite of being fully certified and providing proof of certification to her personnel office on an annual basis, she did not receive BCP for the period 1 January 2012 to 30 November 2013.
3. The applicant provides:
* certification documentation from the American Board of Obstetricians and Gynecologists
* email correspondence
* monthly Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LESs) for the period December 2011 to December 2013
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty as a Medical Corps officer in the rank of lieutenant colonel.
2. She provides documentation which shows she is board certified by the American Board of Obstetricians and Gynecologists. The period of certification is
12 December 2003 through 31 December 2015.
3. She provides DFAS LESs which show she was not paid BCP for the period December 2011 to December 2013.
4. The applicant provides email correspondence which shows she attempted to have her non-receipt of BCP matter resolved with the assistance of her local personnel office and the Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), and was advised to seek relief by applying to the Army Board for Correction of Military Records.
5. In the processing of this case an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, OTSG. The advisory official recommends payment of BCP for the period 1 January 2012 to 30 November 2013. The opinion states:
a. Requests for BCP are initiated by the officer through their 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 data indicates the applicant received BCP through 31 December 2011 and that their office had authorized payments of BCP commencing 1 December 2013 and expiring 31 December 2015.
b. There is no record of submission, authorization, or payment of BCP for the missing period 1 January 2012 to 30 November 2013.
c. With proper submission of credentials through her command, the applicant would have been eligible to receive BCP for the missing 23-month period of 1 January 2012 to 30 November 2013. The retroactive payment for this total period is approximately $8,050.00 (20120101-20130712 at $4,000 per year and 20130713-20131130 at $5,000 per year). The exact payment will be determined by the Corrections-Claims Section, DFAS-Indiana utilizing a Health Professional Pay Entry Date of 13 July 1999.
6. On 2 February 2015, the advisory opinion was furnished to the applicant for comment. She concurred with the findings and recommendation of the advisory opinion and provided copies of board certification letters for the period in question.
7. 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. For Army Medical Corps officers (physicians), these special pays include BCP which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant received board certification by the American Board of Obstetricians and Gynecologists on 12 December 2003 and has continuously maintained it since then.
2. The advisory opinion points out:
* her BCP eligibility started on 12 December 2003 and expires 31 December 2015
* there is no record of authorization or payment of BCP for the period 1 January 2012 to 30 November 2013 in her military pay file
* she is eligible to receive BCP for the 23-month period 1 January 2012 to 30 November 2013
3. Based on the foregoing and the advisory opinion recommendation, the applicant is eligible to receive BCP for the period 1 January 2012 to 30 November 2013.
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:
a. showing she applied for BCP in a timely manner and her request was approved in a timely manner to be effective 1 January 2012 and
b. paying her BCP in arrears for the period 1 January 2012 to 30 November 2013, at the appropriate 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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