MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 December 2002                 
	DOCKET NUMBER:   AR2002075155

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show entitlement to Incentive Special Pay (ISP) effective 1 October 1998 and 1 October 1999.

APPLICANT STATES:  That the records show that he did not receive the ISP for the periods beginning October 1998 and October 1999.  His Medical Special Pay Record Brief for 1998 and 1999 shows the absence of this special pay.

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

The applicant is a major, Medical Corps, serving on active duty.

On 12 September 2002, the Office of The Surgeon General, Army Medical Department (AMEDD) Special Pay Branch opined that although the payment is not shown on the Medical Special Pay Record Brief, he was paid $12,000 ($8,640 post-tax) on voucher number KA981027, dated 27 October 1998 and $13,000 ($9,360 post-tax) on voucher number KA650016, dated 27 October 1999.  There is no basis to support the applicant’s request.

On 20 September 2002, the applicant was provided a copy of the opinion and he did not respond.

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 evidence of record clearly shows the applicant received the payments in question and is not entitled to additional payments.

2.  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 that would satisfy this requirement.

3.  In view of the foregoing, there is 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

__JEA___  _CC____  _FNE___   DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075155	
SUFFIX		
RECON		
DATE BOARDED	2002075155	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.