PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:          10 December 2002                   
	DOCKET NUMBER:   AR2002074344

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Celia L. Adolphi		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Conrad V. Meyer		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 that she be given Board Certification Pay (BCP) for the period August 2000 through August 2001.

3.  The applicant states that she was board certified in Internal Medicine in August 2000.  However, she was not aware that the Army offered BCP, so didn’t make application for that pay until 2002.  When she received a lump sum BCP payment in May 2002, it did not cover the period August 2000 through August 2001.  When she questioned why she did not receive BCP for that period, she was told that BCP could only be paid retroactively for a period of one year; that only this Board could authorize BCP for any period over a year.

4.  In support of her request, the applicant submits her Board Certification, and her request for BCP.

5.  The applicant’s military records show that she was commissioned as a second lieutenant on 24 May 1993, and entered on active duty as a commissioned officer on 11 July 1993 in the Medical Service Corps.

6.  On 17 May 1997, the applicant was commissioned as a captain, Medical Corps.

7.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG confirms the applicant’s eligibility for BCP from 1 August 2000 to 30 August 2001 and recommends approval of her request.  The applicant was furnished a copy of this advisory opinion and concurred with its contents.

CONCLUSIONS:

1.  The Army has derived the benefit of having a Board Certified physician, and should not deny the applicant the extra pay the Army has determined physicians who are Board Certified should receive.

2.  While the inability of the Army to pay the applicant is as a direct result of her not requesting the BCP in a timely manner, the delay in her submitting a request is not surprising if she were not counseled on her eligibility for the pay in view of the multitude of specialty pays the Army provides for physicians.  There is no evidence or indication that the applicant was counseled about BCP in a timely manner.

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:

a.  showing that the individual concerned submitted her request for BCP on 1 November 2000; and

b.  paying to her BCP for the period 1 August 2000 to 30 August 2001.

BOARD VOTE:  

__cla____  ___tsk___  ____cvm  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Celia L. Adolphi__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002074344	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.