MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 August 2001     
	DOCKET NUMBER:   AR2001053562

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Ms. Linda D. Simmons		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 receive Non-Physician Board Certification Pay (NPBCP) for the period April 1999 to present.   

APPLICANT STATES:  That she became board certified as a Women’s Health Care (Obstetrics/Gynecologist) Nurse Practitioner on 31 March 1999.  In support of her application, she submits a copy of her Masters Degree in Nursing; certification as a Women’s Health Care Nurse Practitioner; and an application form for Board Certification Pay.   

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

The applicant’s military records show that she was commissioned as a Reserve officer in the Nurse Corps on 14 June 1983.  She was ordered to active duty on 20 June 1983, promoted to major on 1 November 1993 and was appointed an officer in the Regular Army in the Army Nurse Branch effective 23 November 1994.

The applicant provided a copy of her Masters Degree in Nursing, dated 9 May 1997.

The applicant provided a copy of a certification document which shows that she is board certified by the National Certification Corporation for the Obstetric, Gynecologic and Neonatal Nursing Specialties with an effective date of 31 March 1999.

The applicant also provided a copy of her application form for Board Certification Pay which shows that she was privileged to practice as an Advance Practice Nurse effective 5 February 2001.

In the processing of this case an advisory opinion was obtained from the Chief of the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General.  That office supports the applicant’s request for NPBCP based on current policy and procedures.  

The advisory opinion points out that a review of the applicant’s pay account indicates that the AMEDD Special Pay Branch started her NPBCP effective 
1 March 2000 with an expiration of 31 March 2002.  The applicant did not receive NPBCP for the period 31 March 1999 to 28 February 2000.  The AMEDD Special Pay Branch cannot initiate NPBCP for this period; period of arrears exceeds their authority as granted by the Defense Finance & Accounting (DFAS) - Indianapolis Center.  The Chief, AMEDD Special Pay Branch recommends that the applicant 

receive NPBCP in arrears for the period 31 March 1999 to 28 February 2000, utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 31 May 1999, for the correct pay rate level.  

The advisory opinion was furnished to the applicant for review and possible rebuttal.  The applicant did not respond within the given time frame. 

The Office of The Surgeon General of the Army (OTSG) has published policies and procedures for entitlement to board certification pay for non-physician health care providers, known as Non-Physician Board Certification Pay (NPBCP).  This pay is authorized for personnel who are not physicians but who are care givers such as psychologists, dieticians, physical and occupational therapists, podiatrists and nurse practitioners.  The annual rate of pay ranges from $2000 for 10 to 12 years of service to $5000 for over 18 years of service as a health professional.  The authority to grant award of NPBCP to nurse practitioners is based on completion of a post Baccalaureate Degree, proof of board certification and evidence of a privilege to practice.  The OTSG policies and procedures require that NPBCP cannot be awarded prior to the date the individual received privilege to practice.

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

1.  Evidence of record shows that the applicant was not privileged to practice as an Advance Practice Nurse until 5 February 2001.  Therefore, based on the OTSG policies and procedures, and notwithstanding the action by the AMEDD, the applicant is not entitled to receive NPBCP for the period April 1999 to 
4 February 2001.    

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

RVO___  CJP_____  LDS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001053562	
SUFFIX		
RECON		
DATE BOARDED	20010830	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.1400	
2.		
3.		
4.		
5.		
6.