IN THE CASE OF:	

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080011454 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be paid board certification pay (BCP) for the period from 15 September 2004 through 7 February 2007.

2.  The applicant states that he turned in the paperwork upon his entry on active duty.  He submitted it to his recruiter prior to his entry into the Army, and he has submitted it several times for credentialing purposes throughout the course of his military career.  He never noticed that he was not receiving this pay because, frankly, he did not know what to look for on his leave and earnings statement (LES).

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant was commissioned as a captain, Medical Corps, in the U. S. Army Reserve, on 4 September 1996.

2.  The applicant was recommended for certification by the American Osteopathic Board of Family Physicians, and on or about 21 November 2002   the recommendation was approved for the period 25 October 2002 through       31 December 2010.

3.  The applicant entered extended active duty on 15 September 2004.

4.  In the processing of this case, an advisory opinion was obtained from the Army Medical Department Special Pay Branch.  That office noted that the applicant was authorized BCP for the period 15 September 2004 through            7 February 2007, and it started his BCP effective 8 February 2007.  That office recommended the applicant receive BCP in arrears for the period 15 September 2004 through 7 February 2007 utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 September 2001 for the correct pay rate level.

5.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  On 15 August 2008, he concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he turned in the BCP paperwork upon his entry on active duty, but he never noticed that he was not receiving this pay because he did not know how to read his LES, is accepted as sufficient to indicate that he tried to apply for the pay in a timely manner.

2.  The advisory opinion verified that the applicant was entitled to BCP for the period 15 September 2004 through 7 February 2007.  It would be equitable to correct his records to show he applied for BCP for this period in a timely manner and to pay him the BCP in arrears.

BOARD VOTE:

____XX____  ____XX____  ___XX_____  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:

     a.  showing that he applied for BCP in a timely manner when he entered active duty on 15 September 2004; and

     b.  paying to him BCP in arrears for the period from 15 September 2004 through 7 February 2007 utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 15 September 2001 for the correct pay rate level.



      ______XXXX________________
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080011454



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ABCMR Record of Proceedings (cont)                                         AR20080011454



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