RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012888 


	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.



	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that he be given Board Certification Pay (BCP) from the date of his Board certification on 30 November 2001.

2.  The applicant states that after he was board certified he asked for BCP.  However, he was told he wasn’t eligible for BCP because he hadn’t completed his residency.  He later discovered that he was, in fact, eligible for BCP and was then approved for BCP.  However, they could not pay him retroactive BCP prior to 1 March 2005.

3.  The applicant provides his board certification certificate showing that he was board certified effective 30 November 2001.

CONSIDERATION OF EVIDENCE: 

1.  The applicant was serving on active duty as a major when he submitted his application to the Board.

2.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicable Department of Defense Instruction (DODI) is specific on the requirements for BCP.  Based on that criteria, the applicant established eligibility for BCP on 30 November 2001 but did not begin receiving BCP before 1 March 2005.  The OTSG recommends the Board authorize BCP for the applicant for the period 30 November 2001 to 28 February 2005.  The applicant was furnished this advisory opinion and concurred with the OTSG’s recommendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was fully eligible for BCP on 30 November 2001, but because of a misinterpretation of the governing DODI, he was not able to receive this pay for the period prior to 1 March 2005.  

2.  It would be in the interest of justice to grant the applicant BCP effective from the date he became board certified to the date his BCP began.






BOARD VOTE:

____lds__  ____jcr__  ____swf_  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was approved for BCP on 30 November 2001 and by paying to him BCP from that date.




______Linda D. Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012888
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070405
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.

2.

3.

4.

5.

6.