DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1090-19 Ref: Signature date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD Ref: {a) 10 U.S.C. § 1552 Encl: {1) DD Form 149 w/attachments {2) BUMED ltr 7220 Ser M1/19UM1-3003 of 10 Apr 19 1. Pursuant to the provisions of the reference, Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (BCNR/Board), requesting that his naval record be corrected to reflect his retroactive entitlement to Non-Physicians Board Certification Pay (BCP). 2. The Board reviewed Petitioner's allegations of error and injustice on 30 August 2019 and, pursuant to its regulations, determined that no corrective action should be taken on the available evidence of record. However, the Executive Director ofBCNR recommended that the corrective action indicated below should be taken. The names and votes of the members of the panel will be furnished upon request. Documentary material considered by the Board consisted of Petitioner's application, together with all material submitted in support thereof, available portions of his naval record, and applicable statutes, regulations, and policies. 3. The Board, having reviewed all the facts ofrecord pertaining to Petitioner's allegations of error and injustice, finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulation within the Department of the Navy. b. On 28 December 2005, OPNA VINST 7220.17 established eligibility requirements for BCP. c. On 21 October 2015, Petitioner received his certification from the Pediatric Nursing Certification Board. d. On 9 July 2018, Petitioner submitted a request for retroactive approval of Health Professions Officer (HPO) BCP. Petitioner agreed to remain on continuous active duty for a period not less than one year. e. On 19 November 2018, Petitioner's command submitted to the Bureau of Medicine and Surgery (BUMED) its recommendation for retroactive approval of HPO-BCP, explaining that Petitioner was not informed of BCP eligibility at the time of certification. f. On 10 April 2019, in an advisory opinion at (AO) enclosure (2), the BUMED concluded that Petitioner was eligible for BCP although there is no documentation to support his claim that he had not been informed about eligibility for-and the submission requirements for-BCP. CONCLUSION The Board determined that the materials presented were insufficient to establish the existence of probable material error or injustice. In regard to Petitioner's contention, the Board noted that Petitioner failed to request BCP upon receiving his certification on 21 October 2015. Therefore, the Board determined that Petitioner's 9 July 2018 request for BCP was not submitted in a timely manner. In view of the above, the Board recommends the following: RECOMMENDATION That Petitioner's request be denied. EXECUTIVE DIRECTOR CONCLUSION Taking into consideration the Board's conclusion and recommendation, the Executive Director nevertheless concurred with the AO and recommended that Petitioner's record be corrected to reflect his entitlement to BCP from 21 October 2015 to 30 September 2016, and 1 October 2016 to 30 September 2018, should be paid based on his lack of awareness of his eligibility for and the submission requirements ofBCP. EXECUTIVE DIRECTOR RECOMMENDATION That a copy of this report of proceedings be filed in Petitioner's naval record. That Petitioner submitted his BCP request in a timely manner, in accordance with OPNAVINST 7220.17, and that his request was received and approved by cognizant authority. This change will entitle Petitioner to the BCP incentive, at the annual rate of $6,000 for the period 21 October 2015 to 30 September 2016, and at the annual rate of $6,000 for the period of 1 October 2016 to 30 September 2018. That no further action be taken. 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above-entitled matter. 5. The foregoing action of the Board is submitted for your review and action.