IN THE CASE OF:
BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20150003388
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 award of Board Certification Pay (BCP) for the period 1 January 2009 through 31 March 2014.
2. The applicant states:
a. He is an active duty physician with a specialty in pediatric nephrology. He has been board certified in pediatric nephrology since 2009. He has documentation from the American Board of Pediatrics to support his claim. His board certification was dropped from the system and his records in 2009. He would like his certification to be reinstated and his pay recovered.
b. The armed services should have physicians that meet the same national standards as their civilian counterparts in order to provide the utmost care for Soldiers, Sailors, and Marines. The National Standard Board of Certification is a way to ensure this standard. He signed a contract that entitled him to BCP.
3. The applicant provides information from the American Board of Pediatrics in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a U.S. Army Reserve captain in the Medical Corps and he executed an oath of office on 30 May 1997. He is currently serving on active duty as a clinical associate professor of pediatrics in the rank/grade of lieutenant colonel (LTC)/O-5.
2. He provides documentation from the American Board of Pediatrics showing that he was board certified on 29 November 2005 and that he is currently certified.
3. In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General (OTSG). The advisory opinion stated:
a. The applicant indicated his BCP stopped in 2009, although his board certification did not expire.
b. Requests for BCP are initiated by officers through their supporting human resources office. If board certification renewals are issued, they must also be submitted to ensure BCP continues uninterrupted. Receipt of monthly BCP can be verified by the officer by reviewing their monthly leave and earning statement entitlements column.
c. A review of supporting documentation and available special pay and finance data indicated he received BCP from 16 October 2001 through
31 December 2008. Upon notification, he was authorized payment of BCP which commenced on 1 April 2014 and will expire on 31 December 2024. There was no record of submission, authorization, or payment of BCP for the missing period 1 January 2009 through 31 March 2014.
d. With initial submission, renewals, and monitoring, he would have been eligible to receive BCP for the missing 63-month period 1 January 2009 through 31 March 2014, totaling approximately $22,000. The exact payment should be determined by the Defense Finance and Accounting Service Indianapolis utilizing a Health Professionals Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 1 July 1998.
4. On 20 March 2015, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received.
5. Title 37, U.S. Code, section 302 (Special Pay: Medical Officers of the Armed Forces) states that variable, additional, and BCP is authorized to officers of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who are on active duty under a call or order to active duty for a period of not less than 1 year. This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was certified by the American Board of Pediatrics effective 29 November 2005. Further, the advisory opinion rendered by OTSG shows he was fully qualified and eligible for BCP during the period in question.
2. In view of the foregoing, he should be paid retroactive BCP for the period 1 January 2009 to 31 March 2014.
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 31 March 2014 utilizing an HPPED or MSP date of 1 July 1998 for the correct pay-rate level and paying him retroactive BCP as a result of this correction.
_______ _ _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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