ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 June 2019 DOCKET NUMBER: AR20170019376 APPLICANT REQUESTS: to receive retroactive Board Certification Pay (BCP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Family Medicine Board Certification * Defense Finance and Accounting Service Military Leave and Earning Statement (LES) x 6 * Orders A-06-491360 FACTS: 1. The applicant states in effect his contention is a pay error. While serving as an Army Family Physician during an annual Finance Review, the unit Human Resource representative noted the applicant was not receiving Board Certification Pay, in spite of receiving multi-year incentive pay for board certified family physician. The applicant reports he did not know BCP was missing because he had not paid close attention to his monthly LES. In June 2016 the unit Human Resource representative started his BCP. He was given retroactive BCP for 11 months. 2. A review of the applicant’s records show: * 12 July 1996 to 31 December 2016 – he maintained Certification for Family Physicians * 18 June 2004 – he was appointed as a Reserve Commissioned Officer in the Army * 18 June 2004 – he was ordered to active duty as a Family Medicine Officer (61H) * 31 October 2017 – he retired from Regular Army (RA) 3. The applicant provided: * his Family Medicine Board Certification showing the American Board of Family Practice awarded him the certification * LES x 6 showing he received BCP June 2016 and July 2016 * Orders A- 06-491360 showing he is board certified and has a current and unrestricted license, he is eligible for appropriate medical corps incentive pay effective Entry on to Active Duty. 4. 25 April 2019 the Army Review Board Agency (ARBA) received an Advisory Opinion from the Army Medical Department (AMEDD) Special Pay Branch Chief showing: * the officer request retroactive payment of legacy Board Certification Pay (BCP) as a physician from 19 June 2004 to 31 August 2015, during this time he maintained certification in the American Board of Family Practice during this time * BCP is initiated by the officer through their command’s supporting human resource personnel/ S1 office * military orders do not initiate BCP, orders are used as supporting documentation to the officers BCP request * officer must also submit renewal documentation to ensure BCP continues uninterrupted, officer can verify receipt of monthly BCP by reviewing their monthly LES * a review of the officer’s special pay and finance data records indicate officer’s BCP was disbursed on 1 July 2015 as documented on LES 1-30 June 2016, annotated in the remarks section * the official start date for BCP is 15 July 2004 * there are no additional record of submission authorization or payment of BCP * the revised period of unpaid of BCP is identified as 15 July 2004 – 30 June 2015 * upon proper and timely submission the officer would have been eligible to receive the BCP for the missing 10 year, 11 months and 16 days period15 July 2004 – 30 June 2015 totaling approximately $27,500.00 prior to any withholding 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 6. Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy), chapter 20, settlement actions resulting from correction of records by the 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 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the corrections claims section, DFAS-IN. 7. Title 37, U.S. Code, Section 302, authorizes BCP for officers in the Medical Corps of the Army designated as active duty medical officers. BOARD DISCUSSION: The Board carefully considered the applicant’s request, the Army Medical Department (AMEDD) Special Pay Branch Chief advisory opinion, supporting documents, and evidence in the record and found sufficient evidence to grant relief. The Board agreed that the applicant met all the criteria for award of Board Certification Pay (BCP) for from 15 July 2004 – 30 June 2015 for a total of $27,500.00 before withholdings. Therefore, the board determined that full relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 * the applicant timely executed and submitted his BCP contract commencing on 15 July 2004 * showing the applicant is authorized payment of legacy BCP in arrears for the period 15 July 2004 – 30 June 2015 * paying him the $27,500.00 BCP he is due for said period as a result of these corrections 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Army Regulation (AR) 37-104-4 (Military Pay and Allowances Policy), chapter 20, settlement actions resulting from correction of records by the 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 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the corrections claims section, DFAS-IN. 2. Title 37, U.S. Code, Section 302, authorizes BCP for officers in the Medical Corps of the Army designated as active duty medical officers. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170019376 2 1