BOARD DATE: 11 May 2017 DOCKET NUMBER: AR20160013420 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: 11 May 2017 DOCKET NUMBER: AR20160013420 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 9 December 2010 through 31 July 2015 and paying him Board Certification Pay at the applicable rate for this period. ___________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: 11 May 2017 DOCKET NUMBER: AR20160013420 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 Board Certification Pay (BCP) from 9 December 2010 to 31 July 2015. 2. The applicant states: a. During this period, he was a board-certified by the American Board of Surgery, effective 9 December 2010 and valid through 2021. He was also board certified by the American Board of Surgery in surgical critical care, effective 12 September 2011. This certification is valid through 2022. b. On 14 July 2016, upon arrival to the U.S. Army Institute of Surgical Research, he was advised by the Chief of Staff of non-receipt of BCP. He then forwarded the certification to the Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG). That office initiated the pay effective 1 August 2015 and advised to apply to this Board for retroactive pay. 3. The applicant provides his American Board of Surgery certifications. CONSIDERATION OF EVIDENCE: 1. With prior enlisted service, the applicant was appointed as a Reserve commissioned officer of the Army and the Idaho Army National Guard (IDARNG) on 14 May 1988. 2. He was honorably separated from the ARNG on 2 July 1991 and transferred to the U.S. Army Reserve Control Group. He executed an oath of office in the U.S. Army Reserve on 3 July 1991. 3. On 30 October 2003, he executed an oath of office as a Regular Army officer. He served in a variety of assignments, completed several training courses, and he was advanced to colonel in September 2012. 4. On 9 December 2010, the American Board of Surgery certified him in the specialty of surgery through 1 July 2021, and on 12 December 2011, certified him in surgical critical care through 1 July 2022. 5. An advisory opinion was requested and received from AMEDD Special Pay Branch on 10 December 2016 in the processing of this case. The OTSG official stated: a. The applicant is requesting retroactive payment of Board Certification Pay (BCP) for the period of 2010-12-09 through 2015-07-31. He indicates that although he was board certified, his BCP stopped being paid for no apparent reason. Officer is requesting retroactive payment. b. Requests for the entitlement category of BCP (Title 37, U.S. Code, section 302(a)(5)) are initiated by the officer through their command's supporting Human Resource, Personnel, or S-1 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 their monthly Leave and Earnings Statement (LES) entitlements column. Immediate action should be taken if payments stop abruptly. c. A review of supporting documentation and available special pay and finance data indicates officer's longest board certification period as 12 September 2011 through 1 July 2022. The officer's BCP stopped on 8 December 2010, and this office authorized retroactive payments for BCP commencing 1 August 2015, with a current expiration of 1 July 2022. The missing period of BCP is determined as 09 December 2010 through 31 July 2015. d. With timely initial submission, updating renewals, and monitoring of their LES, officers would ensure no stoppage of their BCP. Officer was eligible to receive BCP for the missing 4-year and 8-month period totaling approximately $25,000 prior to any withholding. The exact payment would be determined by the Defense Finance and Accounting Service (DFAS-IN) utilizing a Health Professions Pay Entry Date (HPPED) or finance MS-Pay-Date of 19950616 for the correct pay rates. e. In accordance with AR 37-104-4, Military Pay and Allowances Policy, dated 8 June 2005, Chapter 20 - Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR), only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of AR 15-185. Therefore, any ABCMR relief granted should be addressed for action to the Corrections-Claims Section, DFAS-IN. 6. The advisory opinion was forwarded to the applicant. He did not respond. REFERENCES: Title 37, U.S. Code, Section 303(a)(5) authorizes special pay for BCP. Requests for the Entitlement Category of BCP are initiated by the officer through their command's supporting Human Resource, Personnel, or S-1 office DISCUSSION: OTSG reviewed the supporting documentation and available special pay and finance data and determined the applicant's certification period is from 12 September 2011 through 1 July 2022. His BCP stopped on 8 December 2010. OTSG AMEDD Special Pay Office authorized the applicant BCP commencing on 1 August 2015, with a current expiration of 1 July 2022. The advisory official notes that action by this Board is required to authorize retroactive payment of BCP for the period 9 December 2010 through 31 July 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013420 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013420 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2