IN THE CASE OF:  	  

		BOARD DATE:  8 October 2015	  

		DOCKET NUMBER:  AR20150006177


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 award of Board Certification Pay (BCP) for the period 1 January 2013 through 31 March 2014.

2.  The applicant states:

   a.  He believes the error occurred because the paper copies of the recertification certificates he turned in prior to the expiration of his initial certifications were lost or filed in the wrong place.
   
	b.  It would be unjust for the Army to not provide him board certification pay because: 

* he was board certified and provided patient care during the entire period in question
* he served as an enterprise level subject matter expert as Consultant to the Army Surgeon General; as such, he provided the service the board certification pay was intended to encourage
* he turned in the board certification documentation, although he did fail to get a receipt
* other offices in the organization were able to record the certificates during the same period
* no reminder was sent to ask for the certificates or to warn him that board certification pay would be stopped; while none was required, such efforts would have been in keeping with the missions of the offices responsible for this area of Soldier support 
* board certification information is publically available from the applicable medical specialty board, such that it would be easy for the responsible pay office to note the discrepancy

   c.  It is just for the Army to pay him what other providers with the same training and certification were paid for the same work during the period, notwithstanding the fact that his board recertification documents did not make it into the electronic documentation for whatever reason.

3.  The applicant provides copies of his board certificates for the periods           20 September 2003 through 31 December 2013 and 1 January 2014 through    31 December 2023.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned as a commissioned officer in the Regular Army, in the rank of captain, Medical Corps, on 16 May 1998.

2.  He completed his resident training in anesthesiology at Walter Reed Army Medical Center/National Naval Medical Center from 1 July 1999 through 30 June 2002.

3.  He currently serves as a board certified anesthesiologist and pain subspecialist in the rank of lieutenant colonel (LTC), assigned to Walter Reed National Military Medical Center.

4.  His official military personnel file contains copies of his board certification certificates from the American Board of Anesthesiology, which show he was board certified in the pain medicine subspecialty, during the periods 20 September 2003 through 31 December 2013 and 1 January 2014 through 31 December 2023.

5.  During the processing of this case, an advisory opinion was obtained on 24 June 2015 from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General, who recommended partial relief in this case.  The advisory official stated the following, in pertinent part:

   a. The applicant is requesting BCP for the period January 2013 through March 2014.

   b. A review of the supporting documentation and available special pay and finance data indicates the applicant received BCP uninterrupted through 31 December 2013.  Upon notification that BCP stopped in April 2015, the AMEDD Special Pay Branch authorized retroactive payments for BCP commencing on 17 April 2014, with a current expiration date of 31 December 2023.  There is no record of submission, authorization, or payment of BCP for the missing period 1 January 2014 through 16 April 2014.

   c. With initial submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the missing 4-month period from 1 January 2014 through 16 April 2014, totaling approximately $1,458.  The exact payment will be determined by the Defense Finance and Accounting Service (DFAS), utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 1 July 1998 for the correct pay rates.

6.  The advisory opinion was forwarded to the applicant on 29 June 2015 for information and to allow him the opportunity to submit comments or a rebuttal.  However, he did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for retroactive award of BCP, for the period 1 January 2013 through 31 March 2014, was carefully considered.

2.  The evidence of record shows he was board certified in the pain medicine subspecialty during the periods 20 September 2003 through 31 December 2013 and 1 January 2014 through 31 December 2023.

3.  A review of the supporting documentation and available special pay and finance data indicates the applicant received BCP uninterrupted through 31 December 2013.  Upon notification that BCP stopped in April 2015, the AMEDD Special Pay Branch authorized retroactive payments for BCP commencing on 17 April 2014, with a current expiration date of 31 December 2023.  There is no record of submission, authorization, or payment of BCP for the missing period 1 January 2014 through 16 April 2014.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 showing the applicant applied for and was authorized payment of BCP for the period 1 January 2014 through 16 April 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.

2.  The Board further determined 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 authorizing the applicant payment of BCP for the period 1 January 2013 through 31 December 2013.



      ___________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)                                         AR20100000488



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ABCMR Record of Proceedings (cont)                                         AR20150006177



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