IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160005502 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: 8 September 2016 DOCKET NUMBER: AR20160005502 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 1 January 2014 through 28 February 2015 at the appropriate monthly pay rate 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. IN THE CASE OF: BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160005502 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 was authorized Board Certification Pay (BCP) retroactive to the beginning of calendar year 2014 (i.e., from 1 January 2014 through the present). 2. The applicant states he is an active duty officer and he obtained his Board Certification for the field of Anesthesiology in 1995. a. Upon review of his February 2016 Leave and Earnings Statement, he discovered his BCP had stopped. He was informed that his BCP ceased on 31 December 2013 based on expiration of his board certification. b. He states his board certification in anesthesiology is active from 2012 through 2022. He submitted documentation to his local Human Resources (HR) office; however, officials at the local HR office informed him they are unable to correct pay errors that are more than 1 year old. He was advised to contact the Army Board for Correction of Military Records regarding the BCP back-pay. 3. The applicant provides a copy of his board certification letter. CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer in the rank of captain, Medical Corps, on 20 May 1995. He was ordered to active duty on 8 July 1999. 2. He is currently serving on active duty as a Regular Army commissioned officer in the rank of colonel/pay grade O-6. 3. In support of his request the applicant provides a copy of The American Board of Anesthesiology, Inc., Raleigh, NC, letter, dated 22 May 2012, that shows he was certified in the specialty of anesthesiology on 27 August 2012 and that the certification will expire on 31 December 2022. 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 14-month period from 1 January 2014 through 28 February 2015. b. He states that requests for BCP are initiated by the officer through their supporting HR office. (1) A review of available personnel and pay records indicate the applicant's BCP payments stopped on 31 December 2013 based on board certification expiration and renewal or secondary certification not being received. (2) Upon notification, the Special Pay Branch authorized retroactive BCP commencing 1 March 2015; paying the applicant 13 months BCP at $500 per month for the period 1 March 2015 through 31 March 2016. Subsequent payments were also reinitiated at $500 per month. (3) The unpaid period of BCP is actually 14 months (from 1 January 2014 through 28 February 2015). With timely submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the missing 14 months. c. Based on the applicant's Medical Service Pay Date of 1 July 1995 for the pay rate level, the total retroactive payment for this period is approximately $7,000 prior to taxes; however, the exact payment is to be determined by the Defense Finance and Accounting Service. 5. On 29 June 2016, 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: 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)) 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 defined in Table 5-4. c. Table 5-4 (Board Certified Pay for Medical Officers), Rule 5, shows, if the officer has 18 or more years of creditable service, the monthly pay rate is $500. DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show he was authorized BCP from the period BCP was discontinued until it was reinstated. 2. Records show the applicant was serving on active duty and he was board-certified in anesthesiology during the period of service under review. 3. For reasons that are not clear, but appear to be due to an administrative error, the applicant was not paid BCP during the period beginning 1 January 2014 through 28 February 2015. However, the evidence of record shows his BCP was reinstated retroactive to 1 March 2015. 4. The OTSG cannot authorize payment of BCP effective 1 January 2014 through 28 February 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) AR20160005502 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005502 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2