MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           13 March 2001  
	DOCKET NUMBER:   AR2000042860

	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:

	Ms. June Hajjar		Chairperson	
	Mr. John T. Meixell		Member	
	Mr. Donald P. Hupman		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 Anesthesiology and eligible to receive BCP.  In support of his application he submitted a letter from the American Board of Anesthesiology which verifies that he was awarded certification on 24 April 1998.

EVIDENCE OF RECORD: The applicant's military records show:

He graduated from the US Military Academy and was commissioned a second lieutenant in the Regular Army on 3 May 1977.  The applicant resigned his Regular Army commission, attended medical school and served in the Army National Guard until reentering the Regular Army.  He is currently a lieutenant colonel in the medical corps on active duty.

In the processing 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 1998.  The OTSG initiated payment of BCP effective 1 March 1999.  BCP for the period 24 February 1998 to 28 February 1999 could not be initiated for payment by the OTSG.  The OTSG recommends that the applicant be authorized BCP in arrears for the period 24 April 1998 to 28 February 1999.  The advisory opinion was provided to the applicant with no response as of this date.

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.  The applicant has provided no evidence that he applied for BCP and was incorrectly denied.  If he did not apply prior to April 1999, he has 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.

2.  Notwithstanding the OTSG advisory opinion, the evidence provided indicates that the applicant was awarded BCP upon request.  Therefore, the Board finds no regulatory, unjust or unfair error exists in the applicant’s military records that warrants correction.

3.  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

___jh___  ___jtm_ _  __dph ___  DENY APPLICATION

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

INDEX

CASE ID	AR20000442860	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
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.