BOARD DATE:	  8 April 2010

		DOCKET NUMBER:  AR20090021437


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, in effect, he be granted retroactive Multi-Year Special Pay (MSP) and Multi-Year Incentive Special Pay (MISP) for the 2-year period 1 July 2005-30 June 2007.

2.  The applicant states he was unaware of a Fiscal Year 2005 (FY05) medical special pay message permitting a concurrent special pay obligation with post-residency fellowship training obligations.

3.  The applicant provides a copy of the Department of the Army Office of the Surgeon General (DASG-PTZ) message, dated R090752Z SEP 04, subject:  FY05 Army Medical Corps (MC) Officer Special Pay Policy, Plan, and Rates; residency contract; fellowship information; and promotion orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is an MC colonel serving on active duty as a physician.

2.  MC special pays are authorized by Congress in Title 37, U.S. Code.  MSP is paid to specific MC officers possessing a current unrestricted license (or approved waiver) based on specialty and execution of contract.  A 2, 3, or 4-year active duty obligation is incurred based upon the executed contract.  MISP is paid annually and currently authorized for all Army MC specialties.  This incentive requires a written agreement to remain on active duty for 1 year from the agreement effective date.  The amount of MISP received is dependent upon the medical specialty.  The MSP obligation runs concurrently with MISP, but is in addition to all education or training obligations.  Lump sum payment minus taxes based on rate for specialty is payable annually on the anniversary date.

3.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, who states the applicant completed his initial orthopedic residency on 30 June 2005 and with 8 years of creditable service would have been eligible for an MSP for the period 1 July 2005-30 June 2007 at the rate of $12,000.00 per year.  His service obligation would be served from 2 May 2012-1 May 2014 following his initial residency obligation.  The opinion also stated he was eligible for a 2-year MISP at $36,000.00 per year, but he has already received these payments.  The opinion recommends approval of the backdated MSP contract.  The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is an Army MC officer.  In accordance with DASG-PTZ message, dated R090752Z SEP 04, subject:  FY05 Army MC Officer Special Pay Policy, Plan, and Rates, he was authorized MSP.  He states he was unaware of the message.

2.  The AMEDD Special Pay Branch recommends the applicant be retroactively authorized MSP of $12,000.00 per year for 2 years for the period 1 July 2005-30 June 2007, but states he has already received the requested MISP payments.

3.  The applicant's records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing that he executed a 2-year MSP agreement on 1 July 2005 for $12,000.00 per year and

	b.  by paying him MSP at the rate of $12,000.00 per year for the period 1 July 2005-30 June 2007.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to MISP.




      ____________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)                                         AR20090021437



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ABCMR Record of Proceedings (cont)                                         AR20090021437



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