IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20140015390 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 he is entitled to retroactive Health Professions Officer (HPO) Board Certification Pay (BCP) for the period August through October 2013. 2. The applicant states he reported to the Basic Officer Leaders Course (BOLC) on 11 August 2013, his starting date for active duty service. He was board-certified in Large Animal Internal Medicine at that time. He was informed he could apply for BCP upon assignment to his unit, the U.S. Army Medical Research Institute of Infectious Diseases. He completed the request for BCP in November after reporting to his unit. In April 2014, he was paid $3,000.00 for BCP from 1 November 2013 to 30 April 2014. When he inquired about his BCP from his active duty starting date until November 2013, he was informed that the pertinent regulation stated, "Upon meeting all eligibility criteria requirements, the effective date may be established on any date that the officer desires to establish as their [sic] effective date. The officer may sign the agreement 90-days in advance, but not later than 30-days from the effective date. Agreements signed after that date will be effective upon the date of signature." He could not complete the contract in advance or within 30 days of the appropriate effective date because he was in BOLC and not at his unit. Using the signature date as the effective date denies him pay he was entitled to, but could not apply for. He would like to receive BCP for August through October 2013 because he was fully qualified and it was apparently withheld because of the timing of his accessioning and reporting to his assigned unit. Communications with the Veterinary Branch, unit Human Resources Office, and the Office of the Surgeon General have all confirmed that the only mechanism for resolution is through the Army Board for Correction of Military Records. 3. The applicant provides: * American College of Veterinary Internal Medicine Diploma, dated 1 July 2008 * Military Leave and Earnings Statement for the period 1-30 April 2014 CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty as a Reserve commissioned officer in the rank of major. 2. He provided a copy of his American College of Veterinary Internal Medicine Diploma, dated 1 July 2008, showing he met the college requirements and he was certified as a specialist in Large Animal Internal Medicine. 3. U.S. Army Human Resources Command Orders A-07-309504, dated 1 July 2013, ordered him to active duty in a temporary duty status effective 11 August 2013 for the purpose of BOLC attendance with follow-on active duty in a voluntary indefinite status to fulfill an active duty requirement. He completed the BOLC on 18 October 2013. 4. He submitted a request for HPOBCP, dated 14 November 2013, wherein he stated: I understand in consideration of my entering into this BCP agreement effective 20130811 [11 August 2013], and expiring (date of board certification expiration/PAs [physician assistants] enter indefinite) 20450811 [11 August 2045], the Army agrees to pay BCP at a rate of $6,000.00/year; paid on a monthly basis upon execution of this agreement, and subject to the availability of funds, and applicable State and Federal taxes for the life of this agreement. Any previous BCP will be stopped. 5. He provided a copy of his Military Leave and Earnings Statement for the period 1-30 April 2014 showing he received Save Pay in the amount of $3,000.00 starting 1 November 2013. 6. An advisory opinion was rendered by the Department of the Army Office of the Surgeon General, dated 9 October 2015. The Chief, Army Medical Department Special Pay Branch, stated a review of the applicant's special pay and finance data indicates he graduated from the BOLC on 18 October 2013; therefore, he met the general eligibility criteria on that date. The credentialing and privileges criteria are not required as a veterinarian since he is not a health care provider by definition. His initial HPOBCP discretionary contract at $6,000.000 per year payable at the rate of $500.00 per month commenced on 1 November 2013. He was eligible for HPOBCP at $6,000.000 per year payable at the rate of $500.00 per month for the period commencing upon graduation from the BOLC on 18 October 2013 with the timely submission of the correctly completed discretionary contract. 7. On 15 October 2014, a copy of the advisory opinion was sent to the applicant to allow him an opportunity to submit comments not later than 29 October 2014. He did not respond. 8. All Army Activities Message 195/2010, dated 26 June 2010, prescribes Department of the Army policy governing HPOBCP plan and rates for licensed clinical psychologists, licensed clinical social workers, physician assistant(s), and licensed veterinarians. Paragraph 4 prescribes the general eligibility criteria. An applicant must be a commissioned HPO who is a graduate of the Army Medical Department Officer Basic Course (now known as the BOLC) and fully qualified by award of the area of concentration in the specialty. Additional specialty-specific criteria for a veterinarian requires that he or she must be an Army Veterinary Corps officer; must be a graduate of a veterinary college accredited by the American Veterinary Medical Association; and must possess and maintain a current, valid, unrestricted license to practice veterinary medicine in a state of the United States, District of Columbia, Puerto Rico, or a territory of the United States. 9. Save pay is used for a variety of different pays. Save pay is a special pay provision that allows military members under certain circumstances to retain entitlement to amounts of pay and/or allowances authorized under prior laws or for a lower grade from which promoted. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he is entitled to retroactive HPOBCP effective 11 August 2013, the date he entered active duty for attendance at the BOLC, as he was already board-certified in Large Animal Internal Medicine at that time. 2. He completed the BOLC on 18 October 2013 and he submitted a request for HPOBCP on 14 November 2013. His Military Leave and Earnings Statement for the period 1-30 April 2014 shows he received Save Pay in the amount of $3,000.00 starting 1 November 2013. 3. All Army Activities Message 195/2010 specifies that an Army Veterinary Corps officer is eligible for HPOBCP upon completion of the BOLC provided he or she is a graduate of a veterinary college accredited by the American Veterinary Medical Association and possesses and maintains a current, valid, unrestricted license to practice veterinary medicine. 4. Contrary to his claim, he did not meet the minimum general eligibility criteria until he completed the BOLC on 18 October 2013. He was then eligible for HPOBCP at $6,000.000 per year payable at the rate of $500.00 per month commencing upon his graduation from the BOLC. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * amending his HPOBCP request to show he requested HPOBCP at $6,000.000 per year payable at the rate of $500.00 per month upon completion of BOLC on 18 October 2013 * showing his request was approved by the Office of the Surgeon General and timely processed * paying him prorated HPOBCP for the period 18 through 31 October 2013 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying him HPOBCP beginning 11 August 2013. ___________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. ABCMR Record of Proceedings (cont) AR20140015390 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140015390 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1