BOARD DATE: 22 September 2016 DOCKET NUMBER: AR20160010144 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: 22 September 2016 DOCKET NUMBER: AR20160010144 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 applied for and was authorized payment of board certification pay for the period 1 January 2013 through 23 May 2015 and paying him board certification pay at the applicable rate. __________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: 22 September 2016 DOCKET NUMBER: AR20160010144 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, in effect, retroactive board certification pay (BCP). 2. The applicant states: a. He has not received his monthly BCP since January 2013 at a rate of $291.66 per month. He is board certified and has maintained his certification since 2005. He requests arrears BCP. He contacted the Office of the Surgeon General (OTSG) for payment of BCP owed to him, but they could only pay him back to 1 year. b. He is unsure why the Army stopped paying his BCP without official notification. He has been signing contracts stating that he will remain certified for payment of annual medical bonuses. c. His leave and earning statements are confusing since there are multiple pays included on them. He does not know how he did not notice it was missing until now. However, the military is starting to reorganize medical special pays because it is so confusing and this is not an uncommon occurrence. d. This is money that he earned. He would like to have it restarted and arrears pay from January 2013. 3. The applicant provides copies of his leave and earnings statements and a letter from The American Board of Pediatrics, dated 24 May 2016. CONSIDERATION OF EVIDENCE: 1. On 6 June 2002, the applicant executed an oath of office in the Army as a Reserve commissioned officer in the grade of captain (CPT)/O-3). 2. On 26 June 2002, the applicant signed a service agreement with the Armed Forces Uniformed Services University of the Health Sciences (USUHS) Program to attend medical school in Puerto Rico with a specialty in pediatrics. 3. On 5 February 2008, he received a letter from OTSG notifying him of his selection for Graduate Medical Education in Pediatric Hematology/Oncology. On 22 February 2008 he signed the education agreement. 4. The applicant provides leave and earnings statements showing he was not receiving BCP for the period in question. He also provides his Board Certification from The American Board of Pediatrics, dated 27 May 2016. 5. In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG. The advisory opinion stated: a. The applicant is requesting retroactive BCP for the period of 1 January 2013 through 23 May 2015. b. Requests for the entitlement of BCP (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, they must also submit the renewal documentation to ensure BCP continues uninterrupted. The officer concerned can verify if he/she is receiving monthly BCP by reviewing his/her monthly LES and checking the entitlements column. The officer should take immediate action if payments stop. c. A review of supporting documentation, available special pay and finance data indicate his BCP stopped on 31 December 2012 based on the expiration of his board certification and renewal or secondary certification not received. Upon notification that BCP was not being paid, OTSG authorized retroactive payments for BCP starting on 24 May 2015. The missing period of verified BCP eligibility is from 1 January 2013 through 23 May 2015. d. With submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the missing 29 months from 1 January 2013 through 23 May 2015, totaling approximately $9,310.00 prior to any withholding taxes. The exact payment should be determined by the Defense Finance and Accounting Service-Indiana (DFAS-IN) utilizing a Health Professions Pay Entry Date (HPPED) or finance medical special pay date of 10 July 2002 for the correct pay rates. e. Army Regulation 37-104-4 (Military Pay and Allowances Policy), chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)), only the Director, DFAS, may execute settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR. Thus, any relief granted should be directed to DFAS. 6. On 13 July 2016, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. He did not respond. REFERENCES: Title 37, U.S. Code, section 302 (Special Pay: Medical Officers of the Armed Forces) states that variable, additional, and BCP is authorized to officers of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who are on active duty under a call or order to active duty for a period of not less than 1 year. This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay. DISCUSSION: The OTSG database shows the applicant met the requirements and was eligible to receive BCP for the period from 1 January 2013 through 23 May 2015. The OTSG official opined the applicant met the criteria by law and recommended he receive BCP for the missing period. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011134 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010144 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2