APPLICANT REQUESTS:  Correction of his military records to show that he was eligible for multi special pay (MSP) effective 1 October 1994.  

APPLICANT STATES:  He should have been afforded the opportunity to enter into a 4-year MSP agreement beginning 
1 October 1994, and that he should have been eligible to renegotiate the MSP contract to reflect an increase in the MSP.  

EVIDENCE OF RECORD:  The applicant's military records show:

He was ordered to active duty on 17 June 1989 in the Medical Corps with the rank of captain.  He began graduate medical education (GME) in emergency medicine on 1 July 1989.  He was promoted to major effective 2 June 1995.  

The Department of Defense Military Pay and Allowances Entitlements Manual provides in Part one, section H, that medical officers who are fully qualified in a designated specialty and who meet the provisions of this section are eligible to enter into a written agreement for MSP to voluntarily remain on active duty for a certain number of years.  A medical officer who is below the grade of 0-7 is eligible for MSP when the officer has at least 8 years of creditable active service or has completed an active duty service commitment incurred for medical education and training, has completed or is scheduled to complete initial residency training before 30 September 1993.  

In the processing of this case, a staff advisory opinion (COPY ATTACHED) was provided by the Office of The Surgeon General (OTSG) who advised that the applicant was not qualified to enter into an MSP agreement on 1 October 1994, since he had less than 8 years of creditable active service and had a GME active duty service obligation until 
30 June 1996.  The OTSG recommended disapproval of the applicant’s request.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant was not eligible to enter into an MSP
agreement in October 1994, since he had been initially ordered to active duty in June 1989 and had less than 
8 years of creditable active service.  

2.  A medical officer entering into an MSP contract agrees to voluntarily remain on active duty for additional years.  Since the applicant had an active service obligation date of 30 June 1996 due to his GME, he was not qualified to enter into an MSP agreement before 1 July 1996.  

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence which would satisfy the aforementioned requirement.  
4.  In view of the foregoing, there exists no basis for granting the applicant’s request.  

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director