IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20180001687 APPLICANT REQUESTS: retroactive payment of Board Certification Pay (BCP) from October 2015 to May 2016. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Master of Science Degree, dated 8 June 2012 * National Board of Certification, dated 16 July 2012 * Mobilization Orders #, dated 4 September 2015 * Nurse Anesthetist License, dated 31 March 2016 * DA Form 214 (Certificate of Release or Discharge from Active Duty), dated 25 May 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he did not receive Board Certification Special Pay when he mobilized on 16 October 2015 and realized this error on 8 January 2018. He was qualified to receive AMEDD board certification special pay. 3. A review of the applicant’s service records shows: a. 30 September 2008 – appointed as a Reserve commissioned officer and executed an oath of office. b. 8 June 2012 – receives degree in Nurse Anesthesia. c. Board certification as a Nurse Anesthetist with an expiration of 31 March 2014. d. 25 February 2016 – USAREC Form 601-37-33 (Selected Reserve Special Pay Program Contract (Special Pay for Selected Reserve (SELRES) Health Care Professionals in Critically-Short Wartime Specialties). e. His record is void of documentation regarding Board Certification Pay. 4. The applicant provides: a. 8 June 2012 – Master of Science in Nurse Anesthetist degree. b. 16 July 2012 – board certified as a Nurse Anesthetist. c. 4 September 2015 – Orders, published by 807th Medical Command (Deployment Support), mobilizing him in support of Operation Inherent Resolve. d. 25 May 2016 – DD Form 214 reflective of: * his service on active duty from 16 October 2015 through 25 May 2016 * Item 18 (Remarks) – Ordered to active duty in support of Operation Inherent Resolve in accordance with Title 10, United States Code, section 12302 * Item 23 (Type of Separation) – Release from Active Duty * Item# 28 (Narrative Reason for Separation) – Completion of Required Active Service 5. See regulatory guidance below under REFERENCES. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief is warranted. 2. The Board noted that the applicant was a board-certified nurse anesthetist during the period in question and should have received any incentive pay he was eligible for based on his board certification. The Board determined the applicant's record should be corrected to show he was approved to receive Board Certification Pay during his period of active duty from 16 October 2015 to 25 May 2016 and he should be paid any monies he is due as a result of this correction. 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 showing the applicant was approved to receive Board Certification Pay during the period 16 October 2015 to 25 May 2016 and paying him any Board Certification Pay due at the applicable rate for this period, subject to review by Office of The Surgeon General to confirm the period of eligibility and amount due. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Title 37, United States Code, section 335 states the Secretary concerned may pay board certification incentive pay under this section to an officer in a Regular or Reserve Component of a uniformed service who is entitled to basic pay under section 204 of this title or compensation under section 206 of this title, and is serving on active duty in a designated health profession specialty or skill. To receive a bonus under this section, an officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies the amount of the bonus; the method of payment of the bonus under subsection (e)(2); the period of obligated service; whether the service will be performed on active duty or in an active status in a Reserve Component; and the type or conditions of the service. 3. Army Regulation 37-104-4, (Military Pay and Allowances Policy) states, 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 Army Board for Correction of Military Records (ABCMR) per provisions of AR 15–185. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180001687 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1