BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20170005843 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: 17 August 2017 DOCKET NUMBER: AR20170005843 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 2015 through 30 September 2016, utilizing a Health Professions Pay Entry Date or finance Medical Special Pay Date of 6 June 1995 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20170005843 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 Board Certification Pay (BCP), for the period January 2014 through December 2015, and a personal hearing before the Board. 2. The applicant states he is a board-certified internal medicine physician on active duty in the Regular Army. He has not received his BCP since January 2015, despite remaining current with all requirements. 3. The applicant provides: * American Board of Internal Medicine Diploma and Congratulatory Letter, dated 10 September 2014 * Department of Health and Mental Hygiene Physician and Surgeon Certification * Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES) from February 2016 to January 2017 CONSIDERATION OF EVIDENCE: 1. The applicant currently serves on active duty in the rank of colonel (COL). He is assigned in area of concentration 61F (Internal Medicine Physician) at the Fort Belvoir Community Hospital, Fort Belvoir, VA. 2. The applicant provides: a. an American Board of Internal Medicine Diploma and Congratulatory Letter, dated 10 September 2014, which shows he met the requirements to maintain his certification in internal medicine; b. a Department of Health and Mental Hygiene Physician and Surgeon Certification that shows his physician and surgeon certification expires on 30 September 2017; and, c. LESs that indicate he was not receiving BCP from February 2016 through January 2017. 3. An advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General (OTSG), dated 9 June 2017, wherein he stated. a. The applicant is requesting retroactive payment of BCP for the period January 2014 through December 2015. He indicates that although he was board certified since 2004 by the American Board of Internal Medicine, his BCP was not paid for the requested period. b. Requests for legacy BCP for physicians, which is considered under the entitlement category of Title 37, USC Code Section 302 (a)(5), are initiated by the officer through their command's supporting Human Resource, Personnel, or S1 office. If board certification renewals or maintenance of certification 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 LES entitlements column. Immediate action should be taken if payments are not visible or stop abruptly. c. A review of supporting documentation and available special pay and finance data indicates their office authorized retroactive payments for BCP commencing 1 October 2016, with a current expiration of 31 December 2017. The verified missing period of BCP is 1 January 2015 through 30 September 2016. d. The applicant was eligible to receive BCP for the missing 21-month period 1 January 2015 through 30 September 2016. The exact amount of payment will be determined by DFAS utilizing a Health Professions Pay Entry Date (HPPED) or finance medical services (MS)-Pay-Date of 16 June 1995 for the correct pay rates. 4. A copy of the advisory opinion was forwarded to the applicant on 23 May 2017 for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond. REFERENCES: 1. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. 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 includes 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 HPPED. DISCUSSION: 1. The OTSG advisory opinion confirms the applicant met the requirements and was eligible to receive BCP payable for the period 1 January 2015 through 30 September 2016. The OTSG official further recommended he receive the BCP for the requested period. 2. The applicant's request for a personal appearance hearing was carefully considered. By regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160017370 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170005843 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2