IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160009867 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: 13 September 2016 DOCKET NUMBER: AR20160009867 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 a request for retroactive Board Certification Pay was approved for the period effective 28 October 2015 through 2 May 2016 and paying her at the appropriate monthly pay 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: 13 September 2016 DOCKET NUMBER: AR20160009867 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 retroactive payment of board certification pay for the period 28 October 2015 through 3 May 2016. 2. The applicant states, in effect, she was unable to complete her board certification examination on 28 October 2015, due to her deployment to Afghanistan. Upon her return from deployment she took the certifying exam and passed it on 3 May 2016. 3. The applicant provides DA Form 4037 (Officer Record Brief), orders, email correspondence, and certification documents from The American Board of Surgery. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a U.S. Army Reserve commissioned officer on 8 February 2005. She was ordered to active duty on 9 June 2009 in the rank and grade of captain/O-3. She is currently serving on active duty in the rank/ grade of major (MAJ)/O-4. 2. She provides documentation from the American Board of Surgery showing she was board certified effective 3 May 2016 and that she is currently certified. The end date of her current certification is 31 December 2026. 3. In the processing of this case, on 25 July 2016, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General. The advisory official recommends payment of board certification pay for the period 28 October 2015 through 2 May 2016. The applicant met the wavier requirements for payments to start as of the date of her initially scheduled board certification examination on 28 October 2015. She could not take the examination this date due to deployment to Afghanistan. Upon her return and within 180 days of her return, she became board certified effective 3 May 2016. Her board certification pay was initiated at that time. However, she is eligible for retroactive board certification pay for the waived 6-month period from 28 October 2015 through 2 May 2016, totaling approximately $1,250 prior to any withholding. (The exact payment will be determined by the Defense Finance and Accounting Service Indianapolis utilizing a Health Professionals Pay Entry Date (HPPED) or finance Medical Special Pay (MSP) date of 9 June 2009 for the correct pay rates.) 4. The advisory opinion was furnished to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond. REFERENCES: 1. Title 37, United States Code, section 302, (Special pay: medical officers of the armed forces) authorizes board certification pay for officers including officers in the Medical Corps of the Army who are on active duty under a call or order to active duty for a period of not less than 1 year. 2. Army Regulation 37-104-4 (Military Pay and Allowances) among other provisions, it provides that medical officer?s board certified pay begins upon receipt of proof that board certification was granted. Also see Department of Defense (DOD) Financial Management Regulation, Volume 7A. DISCUSSION: The applicant met the wavier requirements for board certification pay to start effective 28 October 2015, the date she was scheduled for her surgical board certification examination. Due to military deployment orders to Afghanistan, she was not able to take her scheduled examination. Upon completion of her deployment orders, she redeployed and took her certification examination within 180 days of her return. She was board certified effective 3 May 2016 and by law board certification pay was initiated effective that date. She also met the eligibility requirements for retroactive board certification pay for the waived 6-month period from 28 October 2015 through 2 May 2016. Therefore, by law she is entitled to pecuniary relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009867 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009867 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2