IN THE CASE OF:
BOARD DATE: 20 August 2015
DOCKET NUMBER: AR20150008312
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 Board Certification Pay (BCP) for the period 1 January 2011 to 13 April 2014.
2. The applicant states he is entitled to BCP. The Office of the Surgeon General (OTSG) has agreed and requested that he apply to this Board for back pay. He contends that due to his multiple deployments and continuous changes in his pay and promotions he did not realize he had not received the requested BCP.
3. The applicant provides:
* Record Brief, Army Medical Department Special Pay Data Sheets
* Leave and Earnings Statements (LES) from 1 April 2011 to 31 March 2014
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of colonel assigned as a physician at Fort Campbell, Kentucky.
2. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG. The advisory official recommends payment of BCP for the period 1 January 2011 to 13 April 2014. The advisory states:
a. The applicant indicated he was unaware of the procedure and was not aware he was not receiving BCP.
b. Requests for BCP are initiated by the officer through their commands supporting human resource/personnel 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 LES.
c. A review of supporting documentation and available special pay and finance data indicates that upon notification by the applicant that he was not being paid BCP, payments for BCP for the period 14 April 2014 through 31 December 2020 were authorized. There is no record of submission, authorization, or payment of BCP for the missing period the applicant's BCP.
d. The applicant is eligible to receive BCP for the period 1 January 2011 through 13 April 2014. The retroactive payment for this period is approximately $16,430.00. The exact payment will be determined by the Defense Finance and Accounting Service (DFAS) utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 14 June 1996 for the correct pay rate level.
3. On 20 July 2015, a copy of the advisory opinion was sent to the applicant for his information and opportunity to submit comments or rebuttal. No response was received.
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. 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. The applicant contends that his military records should be corrected by paying him BCP for the period 1 January 2011 to 13 April 2014 because he did not realize he had not received BCP during this period due to his multiple deployments and continuous changes in his pay and promotions.
2. The advisory opinion clearly states that the OTSG has determined the applicant was eligible for BCP during the period in question and has retroactively paid a portion of the amount due him. Accordingly, it would be appropriate to correct his records by paying him the remainder due him for the period
1 January 2011 to 13 April 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 showing the applicant was approved for Board Certification Pay and paying him Board Certification Pay in arrears for the period 1 January 2011 through
13 April 2014, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 14 June 1996 for the correct 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.
ABCMR Record of Proceedings (cont) AR20140002463
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