BOARD DATE: 29 June 2017 DOCKET NUMBER: AR20160013434 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: 29 June 2017 DOCKET NUMBER: AR20160013434 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 for the period 1 January 2013 through 5 May 2015, utilizing a Health Professions Pay Entry Date or finance Medical Special Pay Date of 10 June 2002 for the correct pay rates. ______________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: 29 June 2017 DOCKET NUMBER: AR20160013434 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) for the period January 2013 through May 2015. 2. The applicant states: a. Board certified physicians are authorized to receive monthly BCP. He has remained board certified (uninterrupted) by the American Board of Family Medicine (ABFM) since July 2005. As such, he began receiving BCP in 2005. b. His BCP was discontinued without cause on 1 January 2013 and was not restarted until May 2016. After detecting the problem, he contacted his finance office, who contacted the Office of The Surgeon General (OTSG), who was able to restart his BCP and authorize reimbursement of BCP going back 12 months to 1 June 2015. c. He was instructed that in order to get the rest of his unpaid BCP for the period January 2013 through May 2015, he would have to petition the Army Board for Correction of Military Records (ABCMR). 3. The applicant provides: * Leave and Earning Statements (LES) for December 2012, January 2013, February 2013, March 2013, May 2016, and June 2016 * ABFM letters, dated June 2015 and May 2016 * Email correspondence between the applicant and officials at Womack Army Medical Center, dated 5 and 6 May 2016 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant currently serves on active duty in the rank of lieutenant colonel. He is assigned in area of concentration 61H (Family Medicine Physician) at the U.S. Army Special Operations Command, Fort Bragg, NC. 3. The applicant provides: a. six LESs that indicate whether or not he was paid BCP for the time frame in question; b. several email messages with officials from the Womack Army Medical Center administrative staff, dated 5 and 6 May 2016, discussing the status of his BCP; and c. letters from the ABFM that indicate he passed his board certification examination in April 2015 and is certified for a 10-year period, as long as his Maintenance of Certification for Family Physicians requirements are maintained. 4. In connection with the processing of this case, an advisory opinion was obtained on 10 December 2016 from the Chief, Army Medical Department Special Pay Branch, OTSG, who opined, that: a. Requests for the entitlement category of BCP are initiated by the officer through their command's supporting Human Resources/Personnel/S-1 office. If board certification renewals are issued, an officer must also submit renewal documentation to ensure BCP continues uninterrupted. Receipt of monthly BCP can be verified by the officer by reviewing his or her monthly LES entitlements column. Immediate action should be taken if payments stop abruptly. b. A review of supporting documentation and available special pay and finance data indicates the officer was certified from 30 July 2005 through 8 April 2015 and recertified 9 April 2015. The officer's BCP stopped 31 December 2012 and this office authorized retroactive payments for BCP commencing 6 May 2015 with a current 10-year expiration projected for 31 December 2015. The missing period of BCP is determined as 1 January 2013 through 5 May 2015. c. With timely initial submission, updating renewals, and monitoring of their LES, officers would ensure no stoppage of their BCP. The officer was eligible to receive BCP for the missing 2-year and 4-month period of 1 January 2013 through 5 May 2015, totaling approximately $9,000 prior to any withholding. The exact payment would be determined by the Defense Finance and Accounting Services utilizing a Health Professions Pay Entry Date or finance Medical Special Pay Date of 10 June 2002 for the correct pay rates. 5. A copy of the advisory opinion was forwarded to the applicant on 10 January 2017 for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pay for medical officers and health professionals of the Armed Forces. For Army Medical Corps officers (physicians), this special pay include BCP which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date. DISCUSSION: The OTSG advisory opinion confirms the applicant met the requirements and was eligible to receive BCP for the period 1 January 2013 through 5 May 2015; however, did not receive his entitled BCP. The OTSG official further recommended he receive the BCP for the requested 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) AR20160013434 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013434 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2