PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           21 August 2001    
	DOCKET NUMBER:   AR2000049059

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

	Mr. Carl W. S. Chun		Director	
	Ms. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, Board Certification Pay (BCP) be paid retroactively for the period 8 June 1999 through 3 October 1999.

3.  The applicant states, in effect, that he has been board certified since 8 June 1999, and that after providing a copy of this certification to his unit at Fort Sam Houston, Texas, he assumed that BCP would be forthcoming.  He now seeks the assistance of the Board to obtain back pay from 8 June 1999 through 3 October 1999. 

4.  The applicant’s military records show that he is currently an active duty Major, Medical Corps, and is serving in Hawaii.

5.  In September 1999, while assigned to the Army Medical Department (AMEDD) Student Detachment, Fort Sam Houston, Texas and attending fellowship training at the University of Utah, the applicant passed the General Surgery Boards and received his board certification.  He was certified for the period of 8 June 1999 through 1 July 2009.  The applicant forwarded a copy of his certificate to his unit and assumed BCP would be forthcoming.  Following completion of his training at the University of Utah, the applicant was assigned to Hawaii.

6.  On 4 October 2000, the applicant called AMEDD Special Pay Branch and explained he had not received his BCP.  He faxed a copy of his certificate to this office for payment of BCP.  The applicant was told that AMEDD Special Pay Branch could only pay him in arrears for 1 year (4 October 00 to 3 October 1999) and that he would have to apply to this Board for the period 8 June 1999 through 3 October 1999.

7.  On 19 December 2000, the Board was advised by the Office of the Surgeon General (OTSG) that the applicant was authorized BCP in arrears for the period of 19990608 – 19991003, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay Date of 19990701, for the correct pay rate level.

8.  On 28 December 2000, the applicant was furnished a copy of the OTSG advisory opinion for comment.  He concurred with the advisory opinion on 2 January 2001.

CONCLUSIONS:

1.  The applicant satisfied all the requirements and successfully passed the examination to become board certified in the specialty of surgery on 8 June 1999.

2.  The applicant was entitled to BCP for the period of 19990608 – 19991003 and this entitlement is supported by the OTSG, AMEDD Special Pay Branch advisory opinion.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by paying the individual concerned BCP in arrears for the period 8 June 1999 through 3 October 1999.

BOARD VOTE:  

_JEV___  ___BJE  _  __WDB__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___    James E. Vick_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049059	
SUFFIX		
RECON		
DATE BOARDED	20010821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.