2. The applicant requests correction of her military records by relieving her of a $12,000 debt created by overpayment of Incentive Special Pay (ISP) for Fiscal Years 1994 and 1995; and by retroactively renegotiating her 4-year Medical Additional Specialty Pay (MASP) agreement by changing the effective date from 1 January 1993 to 1 January 1994.
3. The applicant is a lieutenant colonel in the Army Medical Corps, serving as a dermatologist. On 1 January 1993, she initiated a 4-year MASP which was tied to annual ISP payments of $8,000 per year. On 1 January 1994, the ISP payment was increased to $14,000 per year and the applicants servicing finance office erroneously changed her ISP payments to the higher amount. This resulted in $6,000 overpayments for Fiscal Years 1994 and 1995 [the error was caught in 1996].
4. The Department of Defense Military Pay and Entitlements manual provides that medical officers may be authorized ISP under certain criteria. To be eligible for ISP a medical officer must sign an agreement to remain on active duty for at least 1 additional year. The ISP is paid in a lump sum at the beginning of the 12-month period for which the officer is entitled to such pay and may be linked to an MASP agreement. Entitlement to special pay is in addition to any other pay and allowances.
5. The Department of Defense Military Pay and Entitlements Manual provides that medical officers on active duty are entitled to MASP (medical additional special pay) provided they are not undergoing initial residency training. In order to qualify for MASP, an agreement must be signed to remain on active duty for at least 1 additional year from the effective date of the agreement. The MASP is paid annually in a lump sum effective the date of the agreement.
7. In the processing of this case, a staff advisory opinion was provided by the Office of The Surgeon General (OTSG). The OTSG recommends that the applicants request be denied. The opinion cites the 4-year January 1993 MASP agreement which the applicant signed and which linked her ISP payments to $8,000 for a like period of time.
CONCLUSIONS:
1. The applicant was eligible for and executed a 4-year MASP agreement effective 1 January 1993. This agreement was linked to her annual ISP agreement for the next 4 years at an ISP rate of $8,000 per year.
2. After signing the 4-year MASP agreement, the linked ISP rate changed from $8,000 to $14,000 per year. The applicant should have been offered the opportunity to renegotiate her MASP when the linked ISP payment was increased, but for reasons unknown, this did not occur.
3. The applicants servicing finance office picked up on the ISP rate change and began erroneously paying the applicant at the higher rate. This resulted in an overpayment of $12,000 which was discovered when the applicant was to receive her 1996 ISP payment.
4. But for the failure to renegotiate her MASP, the applicant was eligible for the higher ISP payment and, in fact, performed duties which entitled her to receive the payments. Notwithstanding the OTSG advisory opinion, in view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicants records as indicated below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by canceling the 1 January 1993 MASP agreement of the individual concerned after 1 year [1 January 1993 to 31 December 1993] and by executing a new 4-year MASP agreement, effective 1 January 1994, thereby affording that individual new ISP payments of $14,000 per year for Fiscal Years 1994 and 1995.
2. That the $12,000 indebtedness caused by overpayment of the concerned individuals ISP for Fiscal Years 1994 and 1995 be remitted and any moneys already collected to satisfy that debt be refunded.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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