ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 23 July 2019 DOCKET NUMBER: AR20180015327 APPLICANT REQUESTS: Correction of his record to show retroactive payment of Non-Physician Board Certification Pay (NPBCP) effective 25 August 2018. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • Email Correspondence to 212th CSH S1 • Email Correspondence from AMEDD Special Pay Branch FACTS: 1. Applicant states he received notification he passed the board certification exam August 24, 2018, at which time he sent the board certification letter to the 212th CSH S1 to initiate board certification pay (BCP). The 212th CSH S1 did not submit the application until after the fiscal year 2018. The applicant reports as of the submission of his Army Review Board Agency (ARBA) applicant he has not received the board certification special pay, but was told it would start 1 October 2018 because AMEDD special pay cannot disburse funds for the fiscal year 2018. He is requesting back pay for the intermediate period of August 25 through September 30, 2018 plus inflation and opportunity cost as this is fair and just, but he realizes this is unlikely to occur. 2. The applicant provides: • Email Correspondence to 212th CSH S1 - showing he requested his board certification pay to begin on 25 August 2018 • Email Correspondence from AMEDD Special Pay Branch – as of 27 November 2018, his BCP would be processed in 90 days, but would not be paid back pay for the months of August and September 2018 since OTSG Special Pay cannot obligate any additional FY18 Funds. All previous fiscal years funds will have to be requested via the Army Board for Corrections of Military Records 3. A review of the applicant’s records show: • 23 July 2008 – he was appointed as a commissioned United States Reserve (USAR) Officer • 26 April 2011 – he was ordered to active duty as a Orthopedic Surgeon (61M) • 7 June 2011 – he took oath of office as a Medical Corp Officer in the Regular Army (RA) • 30 June 2016 – he completed his Orthopedic Surgery Residency at Fort Sam Houston • 30 November 2018 – he was approved to receive BCP effective 24 July 2018 4. Title 37 United States Code (USC): a. Section 335 (Special Bonus and Incentive Pay Authorities for Officers in HealthProfessions) states the Secretary concerned may pay a health professions bonus to an officer of the uniformed service who accepts a commission and agrees to remain on active duty in a health profession. The Secretary concerned may also pay BCP. b. Section 302c (Special Pay: Psychologists and Non-Physician Health Care Providers), provides guidance related to eligibility for NPBCP, an incentive to retain high-quality health care providers in the Military Departments. Subsection (d) provides that eligibility for NPBCP is limited to those officers: • in the Medical Service Corps of the Army designated as a non-physician health care provider • who are health care providers in a clinical specialty that is privilegeable • who have a post-baccalaureate degree in their clinical specialty • who are certified by a professional board in their clinical specialty BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the BCP approval, but not including prior year funds, the email from the applicant forwarding Board Certification results to his S1, and his correspondence with a member of Congress. The Board determined that the applicant was entitled to Board Certification Pay and submitted his request upon receipt of the Board results. Based on a preponderance of evidence, the Board determined that the applicant is entitled to receive Board Certification Pay for the period 25 August to 30 September 2018. 2. After reviewing the application and all supporting documents, the Board found that 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 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 him to be eligible for Board Certification Pay for the period 25 August 2018 through 30 September 2018, and; - paying him the authorized Special Pay for that period of time. 12/2/2019 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 37 United States Code (USC): a. Section 335 (Special Bonus and Incentive Pay Authorities for Officers in Health Professions) states the Secretary concerned may pay a health professions bonus to an officer of the uniformed service who accepts a commission and agrees to remain on active duty in a health profession. The Secretary concerned may also pay BCP. b. Section 302c (Special Pay: Psychologists and Non-Physician Health Care Providers), provides guidance related to eligibility for NPBCP, an incentive to retain high-quality health care providers in the Military Departments. Subsection (d) provides that eligibility for NPBCP is limited to those officers: • in the Medical Service Corps of the Army designated as a non-physician health care provider • who are health care providers in a clinical specialty that is privilegeable • who have a post-baccalaureate degree in their clinical specialty • who are certified by a professional board in their clinical specialty ABCMR Record of Proceedings (cont) AR20180015327 ABCMR Record of Proceedings (cont) AR20180015327 1 4 1