PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  21 October 2003
	DOCKET NUMBER:  AR2002088781

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. Frank C. Jones		Member	
	Mr. William D. Powers		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 his records be corrected to show entitlement to Board Certification Pay (BCP) for the period 17 May 2000 to 28 February 2002. 

3.  The applicant states that he became board certified in radiology in May 2000 and assumed that his pay would be corrected.  However, he has now discovered that an error occurred and is entitled to back pay.  He was awarded BCP for one year.  In support of his application, he submits a copy of his certification from the American Board of Radiology.

4.  The applicant’s military records show that he was commissioned and entered active duty as a captain in the Army Medical Corps on 11 June 1995.  He continues to serve and is currently assigned to Brooke Army Medical Center, at Fort Sam Houston, Texas, as a diagnostic radiologist.

5.  On 17 May 2000, the applicant was certified by the American Board of Radiology.

6.  He was promoted to major on 14 June 2001.

7.  In the processing of this case an advisory opinion was provided by the Office of The Surgeon General (OTSG). The OTSG stated that it supported the applicant's request for BCP based on current policy and procedures.  The applicant indicated in his petition that he had not received BCP for the period 17 May to 2000 to 28 February 2002, although he was eligible to the entitlement. The applicant did not realize the appropriate procedures required to start BCP, and there was no record of his certification being forwarded to or received by the OTSG.  A review of the applicant's military pay account indicated that his BCP began on 1 March 2002, upon submission of documents.  The applicant did not receive BCP for the period 17 May 2000 to 28 February 2002.  The OTSG is unable to initiate BCP for this period that exceeds their authority as granted by the Defense Finance and Accounting Service (DFAS), Indianapolis Center.  The OTSG recommends the applicant receive BCP in arrears for the period 17 May 2000 to 28 February 2002, utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 16 June 1995, for the correct pay rate level. 

8.  The applicant was provided a copy of this opinion for possible comment prior to consideration of his case but no response was received.

9.  An Information Paper from the OTSG outlines BCP.  It states that BCP is paid to all board certified Medical Corps (MC) officers upon date of certification.  The amount is determined based upon creditable service, which establishes the HPPED, and is paid on a monthly basis.  The officer must submit a letter or certificate through their unit personnel office to initiate pay.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was certified as a radiologist on 17 May 2000.

2.  Based on the advisory opinion from the OTSG, the applicant was eligible for BCP from 17 May 2000 to 28 February 2002, which he did not receive.  He was unaware of the appropriate procedures required to start his BCP that began on 1 March 2002, upon submission of the required documents. 

3.  At this time, the OTSG is unable to initiate BCP for this period because it exceeds their authority as granted by DFAS.  The OTSG recommend that the applicant be granted back pay for the period 17 May 2000 to 28 February 2002. 

4.  Regulatory guidance shows that the BCP is paid to all MC officers upon board certification.  It would be in the interest of justice to grant back pay for BCP for the period 17 May 2000 to 28 February 2002.

5.  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 showing the individual concerned was entitled to BCP for the period 17 May 2000 to 28 February 2002.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088781	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	1049	
2.		
3.		
4.		
5.		
6.