IN THE CASE OF: BOARD DATE: 25 August 2016 DOCKET NUMBER: AR20160011148 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: 25 August 2016 DOCKET NUMBER: AR20160011148 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 authorized payment of Board Certification Pay in the arrears for the period 1 January 2014 through 9 June 2015 utilizing a Health Professions Pay Entry Date, or finance Medical Special Pay Date of 20000520 for the correct pay-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: 25 August 2016 DOCKET NUMBER: AR20160011148 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 retroactive payment of Board Certification Pay (BCP) for the period 1 January 2014 through 9 June 2015. 2. The applicant states, in effect: * he is an active duty physician, and has been on active duty since 2000; he has maintained his Board Certification in Internal Medicine (2003 to present); Cardiology (2008 to present); and Interventional Cardiology (2010 to present) * he is actively practicing medicine, and is a member in good standing with credentials in the above-cited disciplines * on 31 December 2013, his BCP was inadvertently stopped; he did not realize the error until June 2016 * a military pay specialist in the Office of The Surgeon General (OTSG) said she could restart his Board Certification effective 10 June 2015, and with that, his BCP * he was further informed he would have to petition the Board to obtain BCP for all earlier periods * by his calculation, he is owed $6,708.24; this amount is based on being eligible for $1,999.98 for the first half of 2014, and $2,208.30 for 2015 3. The applicant provides: * Board Certifications * Leave and Earnings Statements (LES) from January 2013 through June 2015 * Medical Corps Newsletter, dated June 2016 * extract from the Department of Defense Financial Management Regulation, volume 7A, chapter 5 (Special Pays for Medical Officers) CONSIDERATION OF EVIDENCE: 1. The applicant was appointed a commissioned officer in the U.S. Army Reserve and executed his oath of office on 12 June 1996. He was ordered to active duty on 23 June 1996 and, following completion of the Army Medical Department Officer Basic Course, he was assigned to the Uniformed Services University of Health Sciences. 2. He graduated from the Uniformed Services University of Health Sciences on 20 May 2000, and executed his oath of office as a Regular Army commissioned officer in the Medical Corps that same day. He has served in a variety of positions and he is currently serving in an active duty status in the rank/grade of lieutenant colonel. 3. The applicant provides Board Certifications in Internal Medicine, Cardiovascular Disease, and Interventional Cardiology. 4. In an advisory opinion, dated 8 August 2016, an OTSG official stated: a. The applicant is requesting retroactive BCP for the period 1 January 2014 through 9 June 2015. He indicates that, although certified, he was never paid. 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 the supporting documentation, available special pay, and finance data indicate the applicant's BCP stopped on 31 December 2013. OTSG authorized retroactive payments commencing 10 June 2015, with a current expiration date of 31 December 2025. The documents supplied by the applicant show he remained board certified in his subspecialty during that period in which he was not paid BCP. As such, OTSG has verified his eligibility for the period when BCP was not paid. d. With submission, renewals, and monitoring, the applicant would have been eligible to receive BCP for the missing period of 1 January 2014 through 9 June 2015, for a total of $6,819 (prior to any withholdings). The Defense Finance and Accounting Service (DFAS) would determine the exact payment, based on the applicant's Health Professions Pay Entry Date, or Medical Special Pay Date. e. In accordance with 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. The Case Management Division, Army Review Boards Agency, provided a copy of the advisory opinion to the applicant for review and comment. On 17 August 2016, he responded essentially stating the advisory opinion indicated he was eligible to receive retroactive BCP, but settlement action had to be done by DFAS. Assuming the Board favorably considered his request, he also asked for support in facilitating DFAS' action to correct his pay. REFERENCES: Title 37, U.S. Code, Section 302, authorizes BCP for officers in the Medical Corps of the Army designated as active duty medical officers. DISCUSSION: 1. The OTSG database shows the applicant was board certified and eligible to receive discretionary BCP from 1 January 2014 through 9 June 2015. 2. The OTSG official opined the applicant met the criteria, and recommended he receive BCP in the arrears for the period 1 January 2014 through 9 June 2015. 3. Based on the foregoing, there appears to be sufficient basis upon which to grant the requested relief. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011148 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011148 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2