IN THE CASE OF:	  

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090013942 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be authorized to execute a Multi-Year Special Pay (MSP) retention bonus and corresponding Multi-Year Incentive Special Pay (MISP).

2.  The applicant states he is a physician in the Medical Corps and he was not aware that he was entitled to receive the Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay (MISP) at the start of his fellowship.  He states the obligation incurred with this additional pay, as he understands it, runs concurrently with his fellowship obligation and in essence this would not obligate him to any more time. 

3.  The applicant provides a copy of a DA Form 1059 (Service School Academic Evaluation Report), dated 2 January 2008, and a DA Form 1059-1 (Civilian Institution Academic Evaluation Report), dated 29 June 2009, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he was commissioned as a U.S. Army Reserve (USAR) officer in the rank of second lieutenant on 13 May 1995.  He entered active duty on 10 August 1995 and he was commissioned in the rank of captain as a Regular Army (RA) Medical Corps officer on 15 May 1999.

2.  He served as a staff pathologist and he was promoted to major on 15 May 2005.
3.  The applicant's records contain a U.S. Army Total Personnel Command, Alexandria, VA, memorandum, subject: Adjusted Active Duty Service Obligation, dated 14 January 2000 that shows, as a participant in residency training in Pathology at Brooke Army Medical Center, he incurred an additional active duty service obligation (ADSO) ending on 16 May 2015.

4.  In the processing of this case, on 23 September 2009, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The Chief, Army Medical Department (AMEDD) Special Pay Branch provided the following advisory opinion.  The advisory official stated that the applicant became eligible for the combined MSP/MISP on 16 May 2007 and at the time he had an outstanding training obligation of 16 May 2015 (8 years).  The official further stated that any MSP/MISP obligation must be served consecutive (added) to any outstanding training obligation.

5.  The advisory official continued by suggesting the applicant submit a request for the Board's consideration specifying the number of years for which he requests the MSP/MISP.  The official also indicated that if the applicant were to be granted authority to complete an MSP/MISP agreement his executed annual ISP for the period 1 October 2006 to 30 September 2007 would need to be terminated and a prorated recoupment established for the period 16 May 2007 to 30 September 2007 where the ISP and MSP/MISP overlap.

6.  On 24 September 2009, the applicant was dispatched a copy of the OTSG’s advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant states he would have elected MSP and MISP had he known he was eligible for these incentives, there is no evidence to support this contention.

2.  In accordance with the OTSG advisory opinion the applicant has an ADSO until 16 May 2015 without any service obligation related to the MSP/MISP.

3.  The applicant did not respond to the advisory opinion indicating whether he was willing to extend his ADSO for the MSP and MISP.

4.  As such, without evidence that he was misinformed regarding this additional incentive pay and he was willing to accept an extended ADSO, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X_____  __X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   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.

ABCMR Record of Proceedings (cont)                                         AR20090013942



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20090013942