BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150012992
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 Non-Physician Board Certification Pay (NPBCP) effective 1 June 2012.
2. The applicant states:
a. When NPBCP was obtained, it was during sequestration and there were no civilians working that could take care of the action.
b. After the sequestration, she was deployed. Upon her return, she realized that she had not received any pay for NPBCP.
3. The applicant provides:
* DA Form 4037 (Officer Record Brief)
* DA Form 4187 (Personal Action)
* American Academy of Nurse Practitioners Certification Program letter and Certificate
* State of Tennessee, Division of Health Related Boards
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant has prior enlisted service from 1992 to 1999.
3. DA Form 71 (Oath of Office) shows that on 13 June 2003, she was appointed in the U.S. Army Reserve as a second lieutenant (2LT)/O1E in the Nurse Corps. She is currently serving on active duty as a nurse in the rank/grade of major (MAJ)/O-4E.
4. The applicant provides documentation from the American Academy of Nurse Practitioners Certification Program showing that she was granted board certification from 1 June 2012 through 31 May 2017.
5. 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 attained a Masters Degree in her specialty and then
became certified by the American Academy of Nurse Practitioners on
1 June 2012.
b. Upon receipt of documentation of 19 August 2015, OTSG initiated
retroactive NPBCP payments at a rate of $2,000.00/year; payable $166.66/month effective 1 November 2014, with a current expiration of
31 May 2017. This period is the maximum authority this office has for NPBCP payments in arrears.
c. The applicant would have been eligible to received NPBCP for the missing
29-month period of 1 June 2012 through 31 October 2014. The retroactive payment for this total period is approximately $4,833.00 prior to withholding; exact payment to be determined by the Defense Finance Accounting Service (DFAS)-IN, utilizing a Health Professions Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 1 June 2012 for the correct pay rate.
6. On 14 September 2015, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received.
7. The National Defense Authorization Act (NDAA) for Fiscal Year 1996 (FY 96) amended Title 37, U.S. Code, section 302c (d)(1), by adding nurse officers to those health professionals eligible for NPBCP. That Act remedied an inequity in the original legislation which inadvertently excluded nurse officers. The earliest effective date of eligibility is 10 February 1996, the date the FY 96 NDAA became law.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was certified by the American Academy of Nurse Practitioners Certification Program effective 1 June 2012. Further, the advisory opinion rendered by OTSG shows she was fully qualified and eligible for NPBCP during the period in question.
2. DFAS-IN has already paid the applicant for NPBCP from 1 November 2014 to present.
3. In view of the foregoing, she should be paid retroactive NPBCP for the period 1 June 2012 to 31 October 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 retroactive payment of NPBCP for the period 1 June 2012 through 31 October 2014 utilizing an HPPED
or MSP date of 1 June 2012 for the correct pay-rate level and paying her retroactive NPBCP 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.
ABCMR Record of Proceedings (cont) AR20150003388
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