MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           27 March 2003                  
	DOCKET NUMBER:   AR2002070931

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston  		Chairperson	
	Mr. Raymond V. O'Connor, Jr. 		Member	
	Ms. Eloise C. Prendergest		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 her records be corrected to show entitlement to award of Non-Physician Board Certification Pay (NPBCP) for the period 10 February 1996 to 4 December 2001.

APPLICANT STATES:  That “According to her branch management officer (CPT G---l), my credentialing office, and Public Law 104-106, 10 Feb 96 Clarification of Authority to Provide Special Pay for Nurses, the board certification pay is retroactive.  My board certification pay was not started until on or about Jan 2002.  According to the Public Law mentioned above the earliest effective date for nurse board certification pay is 10 Feb 96.  If this is the case, I am due retroactive pay from Feb 1996 to Dec 2001.”  She provides certification as a “Certified Nurse-Midwife”, effective 9 June 1990; certification that she maintains competency as a Nurse-Midwife for the period 1 September 1999 through 31 August 2004; and a memorandum, dated 5 December 2001, Brooke Army Medical Center, Fort Sam Houston, Texas, extending regular privileges, no staff appointment (Non-physician) for 2 years.  She provides no explanation on why she did not apply for NPBCP when it was announced or at any time prior to 5 December 2001.

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

She was commissioned and entered active duty as a captain in the Army Nurse Corps on 19 July 1982.  She was promoted to colonel on 1 December 2001 as a Nurse Midwife.

On 9 June 1990, the applicant was certified by the American College of Nurse-Midwives as a Nurse-Midwife and is currently certified through 31 August 2004.

From 31 May 1996 through 30 June 1999 she was pursuing a Doctorate in Nursing Science in residence at the University of Illinois.  There is no evidence that she was privileged at any health care facility or performing any nurse midwife responsibilities during this period of time.

On 5 December 2001, she requested payment of NPBCP effective 10 February 1996.

Effective 5 December 2001, the Office of the Surgeon General (OTSG) authorized NPBCP through 31 August 2004.  She was not authorized NPBCP for the period 10 February 1996 through 4 December 2001 because that office did not have the authority to authorize back pay.

On 16 May 2002, the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG) opined that the applicant met the requirements for and was eligible for NPBCP payments from 10 February 1996 through 4 February 2001.  The advisory opinion recommended payment of NPBCP be made.

On 21 May 2002, the OTSG opinion was provided to the applicant for her acknowledgement/rebuttal.  She concurred with the advisory opinion on 3 June 2002.

According to a 30 July 1996 message from the OTSG, in order to receive NPBCP, an Army Nurse Corps officer is required to be a health care provider in a clinical specialty that is privilegeable, have a post-baccalaureate degree in their specialty, and be board certified in their clinical specialty for which NPBCP is requested.  This information is presented by completion of the Application Form For Board Certification Pay, which requires portions to be completed by the officer, the credentialing authority, and forwarding by the requestor to the Army Nurse Corps Branch, PERSCOM for review and approval.  In turn, the officer’s approved NPBCP data is provided to the AMEDD Special Pay Branch for submission and payment by the Defense Finance& Accounting Service – Indianapolis Center.

According to DOD Directive 6025.13, a healthcare provider is defined as a military person granted privileges within the scope of his or her license, including nurse midwives, providing direct patient care.  Clinical privileging is defined as the process whereby a healthcare provider is granted the permission to provide specified healthcare within the scope of his or her license.

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.

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.  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.

2.  The Board notes that the AMEDD Special Pay Branch, OTSG, stated the applicant was authorized to receive NPBCP effective 5 December 2001, the date of her first request.  They also believe that she should be entitled to back pay from 10 February 1996 through 4 December 2001.

3.  There is no evidence submitted by the applicant to show she forwarded contracts for NPCBP at any time during the period February 1996 to 4 December 2001.  As a senior AMEDD officer she knew, or should have known, the policy and procedures for obtaining her pay entitlements for her specialty.

4.  Additionally, notwithstanding the advisory opinion from the Special Pay Branch, OTSG, the Board concludes that there is no evidence presented to show that the applicant met the DOD definition of a health care provider or had clinical privileging during her 3-year pursuit of a Doctorate in Nursing Science in residence at the University of Illinois.

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

_ELC___  _RVO___  _JHL___    DENY APPLICATION

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

INDEX

CASE ID	AR2002070931	
SUFFIX		
RECON		
DATE BOARDED	20030327	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.