IN THE CASE OF: BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20160012278 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: 10 November 2016 DOCKET NUMBER: AR20160012278 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 is entitled to Board Certification Pay effective 1 January 2015 through 30 September 2015 and paying him at the appropriate monthly rate any pay he is due as a result of this correction. _____________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: 10 November 2016 DOCKET NUMBER: AR20160012278 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, correction of his records to show he is authorized Board Certification Pay (BCP) retroactive to 1 January 2015. 2. The applicant states his area of concentration is 61H (Family Medicine Physician) and he is board certified. a. He was authorized and received BCP every month until it stopped (for unknown reasons) in January 2015. By the time he was able to get his BCP reauthorized, a new fiscal year (FY) was reached. He adds the normal payment for BCP is $291 per month. b. The S-1/Human Resource (HR) office was able to process his BCP contract retroactive to the beginning of FY 2016 (1 October 2015). However, he was instructed that he would have to apply to the Army Board for Correction of Military Records (ABCMR) for payment for the period 1 January 2015 through 30 September 2015. (He restates the contents of an email message he received from an Army Medical Department (AMEDD) official who provided information and instructions for applying to the ABCMR.) 3. The applicant provides a copy of his medical license. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer, in the rank of second lieutenant, on 1 December 1999. 2. He was subsequently appointed as a Reserve commissioned officer, in the rank of captain (Medical Corps), and ordered to active duty on 14 June 2004. 3. He was appointed in the Regular Army on 23 July 2007 and promoted to lieutenant colonel on 1 October 2016. 4. In support of his request the applicant provides two Professional and Vocational Licensing Searches, Department of Commerce and Consumer Affairs printouts, dated 14 April 2016 and 6 July 2016, from the MyPVL website (https://pvl.ehawaii.gov). They show his License Identification (DOS-1119) was current, valid, and in good standing with an expiration date of 30 June 2016. 5. In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA. a. The advisory official states the applicant requests a retroactive payment of BCP for the period 1 January 2015 through 30 September 2015. b. Requests for the entitlement category of BCP (Title 37, U.S. Code, section 302(a)(5)) are initiated by the officer through their command's supporting HR/ personnel/S1 office. If board certification renewals are issued, the officer must submit renewal documentation to ensure BCP continues uninterrupted. An officer can verify receipt of monthly BCP by reviewing his/her monthly Leave and Earnings Statement (LES) entitlements column. Immediate action should be taken by the officer if payments stop. c. The advisory official does not offer a recommendation with respect to either granting or denying administrative relief. (1) This official states a review of available special pay, finance records, and supporting documents indicates the applicant's BCP stopped on 31 December 2014. OTSG authorized retroactive payments for BCP commencing 1 October 2015 with a current expiration date of 31 December 2017. (2) He noted the applicant provided license information, but no board certification documents. The American Board of Family Medicine was contacted and verified that the applicant is board certified from 19 July 2007 through 31 December 2017. He added, "The missing period of BCP is verified as 1 January 2014 [sic] through 30 September 2015." d. He opines that with submission, renewals, and monitoring, applicant would have been eligible to receive BCP for the missing 9-month period of 1 January 2014 [sic] through 30 September 2015, totaling approximately $2,625 prior to any withholding. The exact payment would be determined by the Defense Finance and Accounting Service (DFAS), Indianapolis, IN, utilizing a Health Professions Pay Entry Date or MS-Pay-Date of 13 June 2004 for the correct pay rates. 6. On 30 August 2016, the applicant was provided a copy of the advisory opinion to allow him the opportunity (30 days) to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: Army Regulation 37-104-4 (Military Pay and Allowances Policy), Chapter 20 (Settlement Actions Resulting from Correction of Records by the ABCMR), provides that only the Director, DFAS, may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records under the provisions of Army Regulation 15-185 (ABCMR). DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show he was authorized retroactive BCP from 1 January to 30 September 2015. 2. The evidence of record shows the applicant met the requirements for the entitlement category of BCP from 1 January through 30 September 2015. 3. The Board notes the applicant had a responsibility to fulfill his part of the BCP renewal process, to include monitoring the currency of his BCP certification and reviewing his LES for information pertaining to the stoppage of BCP. However, for reasons that are not clear, he did not submit a timely request for renewal of his BCP. 4. Retroactive approval of BCP, effective 1 January 2015 through 30 September 2015, would generate an entitlement totaling approximately $2,625 prior to any withholdings. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011029 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012278 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2