BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160016125 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 BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160016125 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 is entitled to Board Certification Pay, effective 3 June 2009 through 30 September 2015, at the appropriate monthly pay rate(s) and paying him 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. BOARD DATE: 15 August 2017 DOCKET NUMBER: AR20160016125 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 correction of his records to show authorization of Board Certification Pay (BCP) from 3 June 2009 to 30 September 2015. He also requests personal appearance before the Board. 2. The applicant states he achieved his American Board of Radiology Board Certification status on 3 June 2009. He provided his board certification documentation to the unit S1 (administrative support office) on 17 February 2010 and it was uploaded into his military personnel records; however, his BCP was not started. On 30 August 2016, it was brought to his attention that he was not receiving BCP. The unit S1 initiated the BCP entitlement within its authority to the maximum retroactive effective date of 1 October 2015. However, the unit does not have authority to authorize the BCP for the period 3 June 2009 through 30 September 2015. 3. The applicant provides a copy of his American Board of Radiology Board Certification, issued on 3 June 2009, and a document list from the Integrated Personnel Electronic Records Management System (iPERMS). CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Regular Army commissioned officer, in the rank of second lieutenant (field artillery), on 3 June 1995. On 3 August 1995, he was appointed as a Reserve commissioned officer in the Health Professions Scholarship Program. He was then appointed as a Reserve commissioned officer of the Army, in rank of captain (medical corps), with a date of rank of 14 June 1999. He is currently serving on active duty in the rank of lieutenant colonel/pay grade O-5. 2. A review of his military personnel records revealed a copy of an American Board of Radiology (ABR) certificate, issued on 3 June 2009, that shows the ABR certified the applicant is qualified to practice the specialty of Diagnostic Radiology. 3. A further review of his military personnel records failed to show copies of any records/documents authorizing the payment of BCP. 4. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA. a. The advisory official recommends administrative relief for the 6-year, 4-month period from 3 June 2009 through 30 September 2015, totaling approximately $26,343.00 (prior to any withholdings). b. He states that requests for BCP are initiated by the officer through their supporting human resources or S1 office. If board certification renewals are required, the officer must also submit renewal documentation to ensure BCP continues uninterrupted. Receipt of monthly BCP can be verified by the officer by reviewing his/her monthly Leave and Earnings Statement (entitlements). c. A review of available personnel and pay records indicates the applicant was initially board certified as of 3 June 2009. d. The OSTG authorized retroactive payment of the applicant's BCP commencing 1 October 2015, with a current expiration date of 30 June 2019. The missing period of BCP is 3 June 2009 to 30 September 2015. 5. On 2 March 2017, the applicant was provided a copy of the advisory opinion in order to allow him the opportunity to submit comments or a rebuttal. A response was not received from the applicant. REFERENCES: 1. Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), Chapter 5 (Special Pay and Bonuses for Medical and Other Health Professional Officers), provides in: a. paragraph 0505 (Variable Special Pay (VSP)) that an officer who is an officer of the Medical Corps of the Army and who is on active duty under a call or order to active duty for a period of not less than 1 year is entitled to VSP; b. paragraph 0507 (BCP) that: (1) an officer who is entitled to VSP under paragraph 0505 and who has a current, valid, unrestricted license or approved waiver is entitled to BCP; and (2) an officer authorized BCP is entitled to BCP at the monthly rates. c. Table 5-4 (Board Certified Pay for Medical Officers) shows the following: Then the monthly Rule If the officer has creditable service of: payable rate is: 1 less than 10 years $208.33 2 at least 10 years, but less than 12 years $291.66 3 at least 12 years, but less than 14 years $333.33 4 at least 14 years, but less than 18 years $416.66 5 18 or more years $500.00 2. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-11 states that applicants do not have a right to a hearing before the ABCMR. The Director of the ABCMR or the chair of an ABCMR panel may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show he is authorized BCP from the date he became board certified (i.e., 3 June 2009) through 30 September 2015. 2. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. Records show the applicant was serving on active duty and he was board-certified in diagnostic radiology during the period of service under review. 4. For reasons that are not clear, but appear to be due to administrative error, the applicant was not paid BCP during the period beginning 3 June 2009 through 30 September 2015. However, the evidence of record shows his BCP was authorized by the OTSG commencing with an effective date of 1 October 2015. 5. The OTSG cannot authorize payment of BCP effective 3 June 2009 through 30 September 2015 because it would exceed OTSG's authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016125 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016125 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2