IN THE CASE OF:    

		BOARD DATE:  20 August 2015	  

		DOCKET NUMBER:  AR20150006635 


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 to be paid Medical Officer Board Certification Pay (BCP) for the period 16 July 2009 to 31 March 2015.

2.  The applicant states he did not realize he had not received the certification pay.  Shortly after reaching his first duty station he deployed and has had multiple deployment since then.  He discovered the error when he arrived at Fort Campbell, KY.

3.  The applicant provides:

* certificate, U.S. Army Medical Department, showing the applicant successfully completed Family Medicine Residency Training during the period 1 July 2006 to 30 June 2009 at Dwight David Eisenhower Army Medical Center (DDEAMC), Fort Gordon, GA
* letter, dated 28 February 2011, from the American Board of Family Medicine, Incorporated, which verifies the applicant was certified with the American Board of Family Medicine (ABFM), and shows a certification history for the period 16 July 2009 to 31 December 2016

CONSIDERATION OF EVIDENCE:

1.  After having prior enlisted service in the U.S. Army Reserve (USAR), the applicant was appointed as a second lieutenant in the USAR, executing his oath of office on 9 January 2001.  He is currently serving on active duty as an Army medical officer at Fort Campbell in the rank of major.
2.  On 26 January 2001, he applied and was accepted to participate in the 
F. Edward Hebert Armed Forces Health Professions Scholarship Program to pursue a degree in Medicine.  On 22 February 2006, he accepted continuous Graduate Medical Education (GME) training in Family Medicine beginning 1 July 2006 with a scheduled completion date of 30 June 2009.

3.  On 30 March 2006, he was appointed as a Medical Corps officer in the USAR.

4.  His official military personnel file (OMPF) contains a certificate, U.S. Army Medical Department, showing the applicant successfully completed the Family Medicine Residency Training program at DDEAMC during the period 
1 July 2006 to 30 June 2009.  Also in his OMPF is a letter from the ABFM which affirms the applicant has been certified starting 16 July 2009 and his certification extends to 31 December 2016.

5.  An advisory opinion, date 15 July 2015, was provided by the Department of the Army Office of The Surgeon General (OTSG).  

   a.  Requests for BCP are initiated by the officer through his/her chain of command's supporting Human Resource/Personnel/S-1 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 when they review their monthly Leave and Earnings Statement (LES) entitlements column.
   
   b.  A review of supporting documentation, and available special pay and finance data indicated that, upon notification the applicant was not being paid, the OTSG authorized retroactive payments for BCP commencing 1 January 2015, with a current expiration date of 31 December 2016.  There was no record of submission, authorization, or payment of BCP for the revised missing period of 16 July 2009 to 31 December 2014.
   
   c.  With initial submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the period 16 July 2009 to 31 December 2014.  

   d.  The exact amount of BCP to be paid would be determined by the Defense Finance and Accounting Service (DFAS), and would be based its determination of correct pay rates using a Health Professions Pay Entry Date (HPPED) or MS-Pay-Date of 1 July 2006.  
   
	e.  Army Regulation 37-104-4 (Military Pay and Allowances Policy)m chapter 20, states only the Director, DFAS may make settlement actions affecting military pay account of Soldiers resulting from the correction of records by the Board.  As such, any relief granted by the Board would be addressed to the Corrections - Claims Section of DFAS.

6.  A copy of the advisory was provided to the applicant on 15 July 2015 and he did not respond.

7.  Department of Defense Instruction (DoDI) 6000.13 (Medical Manpower and Personnel) implements policy and prescribes procedures to carry out medical manpower and personnel programs.  In paragraph 6.5.1 (Medical Officers) it states board certified pay will be paid in accordance with Title 37, U.S. Code, section 302(a).

8.  Title 37, U.S. Code, section 302(a) states, in pertinent part:

* an Medical Corps officer who is on active duty under call or order to active duty for a period not less than one year is entitled to variable special pay
* Medical Corps officers entitled to variable special pay and is board certified is entitled to additional special pay (Board Certification Pay)

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests back-pay for BCP for the period 16 July 2009 to 31 March 2015.  He states he was not paid, but has been eligible since 16 July 2009.

2.  In an advisory opinion, the OTSG stated, once the error was recognized, they initiated action to pay the applicant starting 1 January 2015.  Board action was required, however, for the period prior to that date.  Additionally, a final determination and subsequent action is required to be taken by DFAS, as outlined in Army Regulation 37-104-4.

3.  Both in his OMPF and as provided by the applicant, there is clear evidence he has been board certified since 16 July 2009.  As such, he should be paid BCP for the period 16 July 2009 to 31 December 2014.


BOARD VOTE:

___X____  ___X____  ___X____ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 confirming he meets the requirements of DoD 6000.13 and Title 37, section
302(a) and therefore it is recommended DFAS retroactively pay the applicant BCP for the period 16 July 2009 to 31 December 2014, using an HPPED or finance MS-Pay-Date of 1 July 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)                                         AR20150006635





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ABCMR Record of Proceedings (cont)                                         AR20150006635



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