IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20160006206 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20160006206 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 the applicant applied for and was authorized payment of BCP for the period 1 January through 22 March 2015 and, as a result of this correction, paying him retroactive BCP at the applicable rate. ___________x______________ 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. IN THE CASE OF: BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20160006206 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, retroactive payment of Board Certification Pay (BCP) for the period 1 January through 22 March 2015. 2. The applicant states he is a Medical Corps officer who was receiving BCP as of 20 September 2012. BCP is paid for 10 years before an officer must renew his/her entitlement. He stopped receiving BCP some time ago; his S1 recently discovered this and is working on getting it reinstated. He is requesting back pay for the period he was board certified but was not paid BCP. 3. The applicant provides no further evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant was awarded a Bachelor of Science degree in chemistry in May 2003. He was initially appointed as a Reserve commissioned officer of the Army on 29 May 2003, as a second lieutenant in an unassigned corps. Following his initial appointment, he entered medical school and began a program of instruction for eventual graduation and certification as a medical doctor. 2. The applicant completed the Army Medical Department (AMEDD) Officer Basic Course and was later promoted to first lieutenant and captain. Subsequent to completing his medical degree, he was reappointed as a Reserve commissioned officer of the Army on 30 April 2008, as a captain in the Medical Corps. 3. The applicant entered active duty on 9 June 2008. Order Number 220-002, issued by the U.S. Army Human Resources Command (HRC) on 7 August 2008, shows his date of rank to captain was adjusted to 9 June 2008. 4. The applicant completed the AMEDD Captain's Career Course in June 2011 and a neurosurgery fellowship in June 2013. He was promoted to major on 9 June 2014. He is currently assigned to the Walter Reed National Military Medical Center, Bethesda, Maryland. 5. The American Board of Psychiatry and Neurology certified him as a neurologist on 20 September 2012. 6. In the processing of this case, an advisory opinion was obtained on 24 May 2016 from OTSG, wherein the AMEDD Special Pay Branch Chief noted: a. Discussion. (1) The officer indicates that although he was board certified since 20 September 2012, his physician BCP abruptly stopped. He is requesting retroactive BCP for the unspecified missing period. (2) Requests for BCP under the provisions of Title 37, U.S. Code, section 302(a)(5), are initiated by the officer through their command's supporting Human Resource, Personnel, or S1 office. If board certification renewals are issued, the officer must also submit renewal documentation to ensure BCP continues uninterrupted. Receipt of monthly BCP can be verified by the officer through his/her review of their monthly Leave and Earnings Statement. (3) A review of supporting documentation and available special pay and finance data indicates BCP was paid for the period 1 October 2012 through 31 December 2014. Upon notification that BCP had stopped, this office authorized retroactive payments for BCP commencing 23 March 2015, with a current expiration of 31 December 2025. There is no record of submission, authorization, or payment of BCP for the period 1 January through 22 March 2015. b. Advisory Opinion. With submission, renewals, and monitoring, the officer would have been eligible to receive BCP for the missing 82 days between 1 January and 22 March 2015, totaling approximately $569. The exact payment would be determined by the Defense Finance and Accounting Service – Indianapolis (DFAS-IN) utilizing a Health Professions Pay Entry Date or finance MS-Pay-Date of 9 June 2008 for the correct pay rates. c. In accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy), Chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)) only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per the provisions of Army Regulation 15-185 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the Corrections – Claims Section, DFAS-IN. 7. The advisory opinion was forwarded to the applicant on 25 May 2016, for information and to allow him the opportunity to submit any comments or a rebuttal. He did not respond. REFERENCES: Title 37, U.S. Code, Section 302 (Special Pay: Medical Officers of the Armed Forces), provides guidance related to a member's eligibility for certain incentive pays that are available to members of the Army Medical Corps. Sub-section (a) (5) provides, in pertinent part, that an officer who is board certified is entitled to additional special pay (BCP) at the following rates: * $2,500 per year, if the officer has less than ten years of creditable service * $3,500 per year, if the officer has at least ten but less than twelve years of creditable service * $4,000 per year, if the officer has at least twelve but less than fourteen years of creditable service DISCUSSION: 1. The OTSG database shows the applicant was paid BCP for the period 1 October 2012 through 31 December 2014, after which his BCP was stopped. Upon notification that BCP had stopped, the AMEDD Special Pay Branch restarted his entitlement and authorized retroactive payments for BCP commencing 23 March 2015, with a current expiration of 31 December 2025. 2. There is no record of a submission, authorization, or payment of BCP for the period 1 January through 22 March 2015. The evidence shows he was eligible for BCP during this period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017490 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160006206 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2