MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             25 January 2001                   
	DOCKET NUMBER:    AR2000042925

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. Lester Echols		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 she be given retroactive board certification pay.

APPLICANT STATES:  She was notified in September 1998 that she had been board certified in family practice effective 10 July of that year.  She claims she filed the necessary paperwork to receive board certification pay, but that paperwork apparently was lost.  She has now been approved for board certification pay, but has been told that only this Board can approve her for that pay prior to 1 June 1999.

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

The applicant was commissioned as a second lieutenant, USAR, Medical Corps, on 4 June 1995.

In a letter dated September 1998 the applicant was notified that she had been board certified in family practice effective 10 July 1998.

In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicant was eligible for board certification pay effective 10 July 1998, but that office cannot authorize that pay prior to 1 June 1999.  The OTSG recommends approval of the applicant’s request.  The applicant was furnished a copy of this advisory opinion and did not submit any additional comments or documentation.

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 was eligible for board certification pay effective 10 July 1998.

2.  Since board certification pay is authorized based on the date an application is received, the absence of a timely request by the applicant precluded her from receiving board certification pay prior to 1 June 1999 when her request was finally approved.

3.  The applicant has stated that she had filed an application for board certification pay which was lost.  However, she does not state when she submitted her request nor does she submit any evidence to support her claim.

4.  In the absence of any evidence to support the applicant’s claim that she filed her paperwork in a timely fashion, there is no error or injustice which would warrant approval of her request.  The applicant received board certification pay based upon the date of her application.  That is fair and just.  To prove otherwise is the applicant’s responsibility.

5.  The advisory opinion by the OTSG has been carefully considered.  While the OTSG has verified the applicant’s date of eligibility for board certification pay, the OTSG has not provided any rational for its recommendation to approve the applicant’s request.

6.  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 ___  ___kah __  ___le ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042925	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010125	
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.		
2.		
3.		
4.		
5.		
6.