MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 April 2002                   
	DOCKET NUMBER:  AR2001060265

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. Charles Gainor		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: In effect, that her records be corrected to show entitlement to back Board Certification Pay (BCP) for the period 1 July 1996 to the present.

APPLICANT STATES: That she received her BCP on 1 May 2001 for one year only.  She provided a copy of her Board Certification in Family Practice for the period 1996 – 2003.

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

In July 1996, the applicant became board certified in family practice.  Her certification is valid through 2003.

On 12 October 2001, the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG) opined that the applicant did not execute a contract for BCP until 2001.  At that time, the AMEDD authorized BCP for one-year in arrears, effective 24 April 2000.  It was confirmed that she did not request BCP starting in 1996 and that she had been credited for BCP entitlement for the period starting 24 April 2000, by the AMEDD.  The Chief, AMEDD Special Pay Branch commented that “Although not stated, it appears officer did not realize the appropriate procedures required to start BCP, and there is no record of her certification being forwarded to or received by this office for action”.  Based on the current policy and procedures, the AMEDD supported her request and recommended that she be paid for the period 1 July 1996 through 23 April 2000.

On 14 November 2001, the OTSG opinion was provided to the applicant for her acknowledgement/rebuttal.  On 16 November 2001, she concurred with the OTSG opinion.

Department of the Army Messages concerning BCP by the OTSG on Army Medical Corps (MC) Office Special and Incentive Pay Policy, Plan and Rates, indicate that BCP is paid monthly to MC officers who have been certified by an American Board of Medical Specialties.  Payment varies with years of service; however, in this case the annual rate is $2,500.  A contract is not required; however, the board certification is required to be provided to the AMEDD. 

This Board operates under the standard of presumption of regularity in governmental affairs.  The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.  There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.

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 evidence of record clearly shows the applicant did not provide the OTSG with the necessary board certification documentation until 2001.

2.  The applicant, in effect, failed to provide board certification to the proper office in a timely manner to effect the pay she now desires until 2001.  The Defense Finance and Accounting Service has granted the authority to authorize BCP for only 1 year in arrears.  The OTSG authorized maximum payment of one-year in arrears, effective 24 April 2000 in the applicant’s case.  She has not shown entitlement to BCP for the period 1 July 1996 to 23 April 2000.

3.  Notwithstanding the OTSG opinion, the applicant has not shown error, injustice or inequity for the relief she has requested.  The policy regarding BCP is 
clearly stated and shows no exceptions.  Also, the board concludes the applicant knew or should have known of the requirements for the BCP and applied accordingly.  It also notes that she was entitled to the BCP upon her application in 2001.

4.  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

5.  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

_cg_____  _gdp___  _jhl____ DENY APPLICATION

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

INDEX

CASE ID	AR2001060265	
SUFFIX		
RECON		
DATE BOARDED	20020425	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.