DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 , ARLINGTON, VA 22204-2490 Docket No. 2234-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD ICO XXX-XX- Ref: (a) Title 10 U.S.C. §1552 (b) OPNAVINST 7220.17 dtd 28 Dec 05 Encl: (1) DD Form 149 w/attachments (2) BUMED ltr 7220 Ser M1/20UM10026 of 8 May 20 (3) Subject’s naval record 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected to show Petitioner was eligible for and received an Incentive and Special Pay for board certified physician from October 2017 to November 2019. 2. The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 4 May 2021 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval record, and applicable statutes, regulations and policies. 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. In accordance with reference (b), ISP is an award to Medical Corps officers intended to reduce the pay gap between military medical officers who meet specified criteria and civilian specialists. Each Medical Corps officer accepting ISP must maintain all eligibility criteria throughout the period of the agreement. COs must forward to BUMED-M1C1 a request to terminate ISP for any officer who fails to maintain eligibility. Eligible Medical Corps officers must submit requests for ISP to BUMED-M1C1 using the example provided in Appendix 2-J, via their CO. COs must endorse and forward all requests for ISP to BUMED-M1C1 with a recommendation dated within 30 days of the requested effective date and ensure that the effective date on the agreement has been verified to be correct following this instruction. Finally, COs must provide a detailed and specific explanation of the delay on all ISP requests not endorsed within 30 days of the requested effective date. BUMED-M1C1 may approve retroactive ISP agreements when the reason for delay in initiating the ISP agreement is clearly justifiable. ISP will be paid in lump sum not earlier than the eligibility date of each year of the agreed period of active duty. ISP will be paid at the annual rate as published in the Fiscal Year NAVADMIN for Medical Corps special pay rates. BCP is an entitlement for Medical Corps officers who are board certified in a medical specialty recognized by the American Board of Medical Specialties (ABMS) or the Bureau for Osteopathic Specialists. Entitlement to BCP is effective on the date of commencement of active duty, or the date the officer becomes board certified in the specialty, whichever is later. To receive BCP, an officer must submit a request, via the CO, to BUMED-M1C1, with a copy of the board certificate or a copy of the board’s letter of notification of certification. The certificate or board letter must contain the start and end date of certification. The officer must submit a copy of the board notification of each successful recertification to BUMED-M1C1. COs will verify the member’s eligibility, endorse the request using the example in Appendix 2-G, and forward the request with endorsement to BUMED-M1C1. BCP will be paid monthly at the annual rates listed in Appendix 2-H. c. On 25 May 2013, Petitioner was awarded a Doctor of Osteopathic Medicine degree from School of Osteopathic Medicine. d. On 24 February 2015, Petitioner signed an Armed Forces Health Professions Financial Assistance Program Medical/Dental (AFHPFAP) Service Agreement. e. On 25 February 2015, Petitioner signed an Officer Appointment Acceptance and Oath of Office as a Lieutenant in the Inactive U.S. Naval Reserve with a designator code of 2105. f. On 30 June 2017, Petitioner signed an Officer Appointment Acceptance and Oath of Office as a Lieutenant in the Active U.S. Navy with a designator code of 2100. g. On 7 July 2017, Petitioner entered active duty. h. On 13 July 2017, Petitioner was issued a NAVPERS 1610/2 (Fitness Report and Counseling Record) for the period of 1 February 2017 to 19 June 2017 which listed the following: “Successfully completed the PGY-3 year of his Family Medicine residency.” i. On 13 August 2017, Petitioner arrived to 3rd Marine Division, FMFPAC for duty. j. On 16 August 2017, the American Osteopathic Association certified that Petitioner, having met the requirements prescribed by its Board, was thereby designated a Diplomate and awarded certificate in Family Medicine and Osteopathic Manipulative Treatment for the period 16 August 2017 through 31 December 2025. k. On 30 September 2019, Petitioner’s Medical Corps IP and All Corps BCP was started. l. In correspondence attached as enclosure (2), the office having cognizance over the subject matter addressed in Petitioner’s application has commented to the effect that the request has merit and warrants favorable action. CONCLUSION Upon review and consideration of all the evidence of record, and especially in light of the contents of enclosure (2), the Board finds the existence of an injustice warranting the following corrective action. The Board concluded that it is reasonable to believe that Petitioner lacked proper access to Navy Medical Department officer mentoring, and as a result was not guided appropriately in the application process for special and incentive pays. Therefore, the justification meets the “clearly unavoidable” circumstance definition. His request for retroactive payment of Incentive Pay at an annual rate of $43,000, and Board Certification Pay at an annual rate of $6,000, for the timeframe of 1 October 2017 through 29 September 2019 is validated. RECOMMENDATION That Petitioner’s naval record be corrected, where appropriate, to show that: Petitioner submitted a request for ISP, via the CO, to BUMED-M1C1 in a timely manner and it was approved by cognizant authority with an effective date of 1 October 2017 to 29 September 2019. Petitioner submitted a request, for BCP, via the CO, to BUMED-M1C1, with a copy of the board certificate or a copy of the board’s letter of notification of certification in a timely manner and it was approved by cognizant authority with an effective date of 1 October 2017 to 29 September 2019. Note: Defense Finance and Accounting Service (DFAS) will complete an audit of Petitioner’s records to determine if Petitioner is due any back pay. A copy of this Report of Proceedings will be filed in Petitioner’s naval record. 4. It is certified that quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 6/10/2021 3