IN THE CASE OF: BOARD DATE: 26 July 2016 DOCKET NUMBER: AR20160007399 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: 26 July 2016 DOCKET NUMBER: AR20160007399 BOARD DETERMINATION/RECOMMENDATION: USE THE FOLLOWING PARAGRAPH TO GRANT RELIEF. 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 to show approval of retroactive Board Certification Pay for the period 1 January 2013 through 30 September 2015. _____________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: 26 July 2016 DOCKET NUMBER: AR20160007399 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 approval of retroactive Board Certification Pay (BCP) for the period 1 January 2013 through 30 September 2015. 2. The applicant states he is an active duty Medical Corps officer in the Regular Army serving as a cardiologist. He has been board certified in internal medicine by the American Board of Internal Medicine (ABIM) since 20 August 2002 and in cardiology (cardiovascular disease) since 1 November 2006. a. Based on his board certifications, he had been receiving the appropriate BCP in accordance with military physician pay statutes. However, for unclear reasons, his BCP was mistakenly stopped on 1 January 2013 despite the fact that he remained board certified and has been practicing as a cardiologist in good standing in the Army, receiving all other physician bonus pays. b. This error was brought to his attention a few weeks ago when he sat down with the military special pay advisor at the Walter Reed National Military Medical Center to renew his annual military special pay contract. The specialist noted the error and acknowledged they had copies of his board certification and his Officer Record Brief, documenting board certification. He was advised to apply to the Army Board for Correction of Military Records since the Army Medical Department (AMEDD) Special Pay Branch was able to correct the error going forward and successfully reimbursed him from 1 October 2015 to present, but was unable to do so for the period predating that fiscal year. c. He has attached all his leave and earning statements (LESs) to show payment of BCP during 2012 and lack of BCP from 1 January 2013 through 30 September 2015. He also attached his March 2016 LES which shows his BCP was reinstated and a lump sum covering BCP for the period 1 October 2015 through 31 March 2016 was made. He has attached a letter from the ABIM showing he was board certified during those dates. d. He should be paid $4,000.00 for 12 months in the year 2013; $5,000.00 for 12 months in the year 2014; and $3,750 for 9 months for the period 1 January through 30 September 2015, which totals $12,750.00. e. He apologizes for not noting this pay had fallen off his LES earlier and appreciates the military special pay advisor for noting the administrative error. The BCP should have been reinitiated by the special pay clerk when he confirmed board certification upon signing his annual contract, but for unclear reasons this did not transpire in his case and he did not notice the change in his LES because the physician pay system is confusing. 3. The applicant provides: * self-authored statement * ABIM letter, including Verification of Certification Status, dated 7 December 2012 * Officer Record Brief, dated 15 March 2016 * email correspondence with a Human Resources Assistant, Personnel Actions and Special Pay, Walter Reed National Military Medical Center * LESs covering the period 1 January 2014 through 31 March 2016 * Department of Defense Financial Management Regulation, volume 7A, chapter 5 (Special Pays for Medical Officers) CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a commissioned officer in the U.S. Army Reserve on 3 August 1995 to participate in the U.S. Army Health Professions Scholarship Program. He was appointed as a Reserve commissioned officer in the Army Medical Corps on 23 March 1999 and was ordered to active duty in the rank of captain on 11 June 1999. He is currently serving as a cardiologist at the Walter Reed National Military Medical Center. 2. He provided a letter from ABIM, dated 7 December 2012, verifying his maintenance of certification in internal medicine will remain valid through the year 2022. Enclosed with the letter is his board certification information, showing: * he was initially board certified in internal medicine on 20 August 2002 and that certification was valid through 31 December 2012 * he was again board certified in internal medicine on 7 December 2012 and that certification will remain valid through 31 December 2022 * he was board certified in cardiovascular disease on 1 November 2006 and that certification will remain valid through 31 December 2016 3. He provided his LESs covering the period 1 January 2014 through 31 March 2016, showing: * he was paid BCP for the period 1 January 2012 through 31 December 2012 * he was not paid BCP for the period 1 January 2013 through 30 September 2015 * he received a lump sum payment of $2,499.96 in March 2016 covering 6 months of retroactive BCP for the period 1 October 2015 through 31 March 2016 4. The Chief, AMEDD Special Pay Branch, Office of the Surgeon General (OTSG), provided an advisory opinion, dated 27 June 2016, regarding the applicant's request for retroactive BCP which states: a. The applicant is requesting retroactive BCP for the period 1 January 2013 through 30 September 2015 because his BCP was stopped despite being board certified. b. Requests for the entitlement category of BCP per Title 37, U.S. Code, section 302(a)(5), are initiated by the officer through his/her command's supporting human resources office. If board certification renewals are issued, 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 LES entitlements column. c. A review of the supporting documentation and available special pay and finance data indicates the applicant's BCP stopped on 31 December 2012 based on board certification expiration and non-receipt of renewal or secondary certification. Upon notification that the applicant's BCP was not being paid, the AMEDD Special Pay Branch authorized retroactive BCP commencing on 1 October 2015. The applicant's March 2016 LES contains the entry "BRD CRT PHYS/$2,499.96," paying him 6 months of BCP at $416.66 per month for the period 1 October 2015 through 31 March 2016. His future payments are scheduled for $416.66 per month. His missing period of BCP is verified as 1 January 2013 through 30 September 2015. d. With submission, renewals, and monitoring, the officer would have been eligible to receive BCP for the missing 33-month period from 1 January 2013 through 30 September 2015, totaling approximately $13,312.00 prior to any withholding. The Defense Finance and Accounting Service will determine the exact payment. 5. The applicant was provided a copy of the advisory opinion and given an opportunity to respond. He did not submit a response. REFERENCES: 1. Department of Defense Financial Management Regulation, volume 7A, chapter 5, states medical officers as defined in this chapter are entitled to BCP for active duty if they are entitled to variable special pay and are board certified. Entitlement to BCP is in addition to any other pay and allowances of the officer. 2. All Army Activities Message (ALARACT) 367/2010, dated 6 December 2010, subject: ALARACT Army Medical Corps Officer Special Pay Policy, Plan, and Rates, prescribes Department of the Army policy governing special pays for active duty Medical Corps officers. BCP is an entitlement for board certified Medical Corps officers on active duty. A Medical Corps officer is considered board certified through certification by an American medical or osteopathic specialty examining board recognized by the American Board of Medical Specialties or the Advisory Board for Osteopathic Specialties. BCP is paid on a monthly basis and is initiated when board certification is awarded and supporting verified documents are transmitted via command personnel channels to the AMEDD Special Pay Branch, OTSG. Annual rates are based on completed years of creditable service and counted from the Health Professions Pay Entry Date. DISCUSSION: 1. An administrative error resulted in the applicant not receiving the BCP to which he was entitled during the period 1 January 2013 through 30 September 2015. 2. Records indicate and the AMEDD Special Pay Branch, OTSG, confirmed the applicant was board certified without any lapse in his certification and fully eligible for BCP during the period 1 January 2013 through 30 September 2015. 3. AMEDD Special Pay Branch already authorized retroactive payment of BCP covering the period 1 October 2015 through 31 March 2016 once that office became aware of the pay error, but they did not have the authority to grant retroactive payment for a date earlier than 1 October 2015. 4. His March 2016 LES shows he received a lump sum payment for the period 1 October 2015 through 31 March 2016. Both the applicant and AMEDD Special Pay Branch confirm future payments beyond that date have been appropriately scheduled. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007399 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160007399 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2