IN THE CASE OF: BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20160011134 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: 20 September 2016 DOCKET NUMBER: AR20160011134 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 board certification pay for the period 2 July 2013 through 31 May 2015 and paying him this 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. IN THE CASE OF: BOARD DATE: 20 September 2016 DOCKET NUMBER: AR20160011134 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 is a board certified general surgeon in the Army and is currently on active duty. b. His initial board certification expired in 2013 and he recertified prior to that date on 9 December 2010 by the American Board of Surgery. c. His board certification now expires in July 2023; however, his BCP stopped on 1 July 2013. He never had a lapse in his board certification. However, his BCP stopped beginning in July 2013. d. He requests arrears BCP for the time period from 2 July 2013 through 31 May 2015 because his recertification was never annotated in his record. 3. The applicant provides copies of his leave and earning statements (LES) and his board certification statement issued by The American Board of Surgery on 9 December 2010. CONSIDERATION OF EVIDENCE: 1. On 12 July 1992 the applicant signed a service agreement with the Armed Forces Uniformed Services University of the Health Sciences (USUHS) Program to attend medical school. 2. On 18 May 1996 he completed his medical training, received his medical degree, and executed an oath of office in the Regular Army as a Medical Corps officer in the grade of captain (CPT)/O-3. 3. He provides LES? showing he did not receive BCP for the period in question. He also provides his board certification statement from The American Board of Surgery, dated 9 December 2010. 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). The advisory opinion stated: a. The applicant requests retroactive BCP for the period from 2 July 2013 through 31 May 2015. Although he was board certified, his BCP was not paid during this period. 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 and available special pay and finance data indicate his BCP stopped on 1 July 2013. Based on the evidence OTSG authorized retroactive payments for BCP effective 1 June 2015, with a current expiration of 1 July 2023. OTSG verified the missing period of BCP is from 2 July 2013 through 31 May 2015. d. With submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the missing 23 months from 2 July 2013 through 31 May 2015, totaling approximately $10,605.00 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 18 May 1996 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. 5. On 10 August 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 2 July 2013 through 31 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) AR20160011134 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2