MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 January 2001                  
	DOCKET NUMBER:   AR2000041423

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Eric N. Andersen		Member	
	Mr. Curtis L. Greenway		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his records be corrected to change the authorization date for his entitlement to Board Certification Pay (BCP).

APPLICANT STATES: That he never received BCP even though he became board certified in Family Practice and eligible to receive BCP effective 11 July 1997.  In support of his application he submitted a letter from the Board of Family Practice which verifies that he successfully completed the certification examination and was certified as of 11 July 1997.

EVIDENCE OF RECORD: The applicant's military records were not available.

In the process of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG).  It concludes that their office has no record of the officer’s request for BCP in 1997.  Their office initiated payment of BCP effective 14 April 2000.  BCP for the period 11 July 1997 to 13 April 2000 could not be initiated for payment by the OTSG.  The OTSG recommended that the applicant be authorized BCP in arrears for the period prior to 14 April 2000.  The advisory opinion was provided to the applicant with no response as of this date.

The applicant provided no evidence that he applied for BCP and was incorrectly denied.  If the applicant did not apply prior to April 2000, he provided no explanation for the delay in his request or why the OTSG’s decision not to pay him BCP prior to his request was an unfair or unjust decision.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  Notwithstanding the OTSG advisory opinion, the evidence provided indicates that the applicant was awarded BCP upon request.  The applicant provided no reasonable explanation for his lengthy delay in requesting his BCP or identified any unfair or unjust decision.  Therefore, the Board finds no regulatory, unjust or unfair error exists in the applicant’s military records that warrants correction.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mdm_  ___ena _  ___clg ___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000041423	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010109	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.07	
2.		
3.		
4.		
5.		
6.