APPLICANT REQUESTS: Correction of his military records by adding $3,000 to the existing ISP (incentive special pay) agreement for a total annual amount of $6,000.
APPLICANT STATES: In effect, that he signed an ISP agreement on 15 June 1996 at the annual rate of 6,000, and that he did not know he had to renegotiate his MSP (multi-year special pay) agreement in order to be authorized the higher amount of ISP.
EVIDENCE OF RECORD: The applicant's military records show:
He is currently serving on active duty in the Medical Corps with the rank of lieutenant colonel. He entered into a
4-year MSP agreement beginning 15 June 1993 and ending
14 June 1997. The linked ISP agreement rate at that time was $3,000. When the ISP rate increased to $6,000, the applicant executed a new ISP agreement at the higher rate; however, he failed to renegotiate existing MSP agreement, and was not authorized the higher amount.
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. Entitlement to special pay is in addition to any other pay and allowances.
Department of Defense Message 161505Z, September 1992, linked the Fiscal Year 1991 ISP with the newly established MSP to enhance physician force management. Medical officers under current MSP agreements had to renegotiate their agreements by executing MSP agreements with an obligation that was equal or longer than the obligation remaining on their current agreements. This policy is published in an annual worldwide Department of the Army message from the Office of the Surgeon General (OTSG).
In the processing of this case, a staff advisory opinion (COPY ATTACHED) was obtained from the OTSG who advised that the applicant had entered into an MSP agreement beginning
15 June 1993. The ISP is linked to the MSP contract; therefore, in order to be eligible for a higher rate of ISP, the applicant has to renegotiate his MSP contract before its ending date of 14 June 1997. The OTSG annually publishes messages announcing this policy. Therefore, the OTSG recommended disapproval of the applicants 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 evidence of record shows that the applicant signed a 4-year MSP agreement beginning on 15 June 1993 with the linked ISP rate at that time was $3,000.
2. When the ISP rate increased to $6,000, the applicant should have terminated his existing MSP agreement at the beginning of the fiscal year in order to be authorized the higher amount of ISP. To execute only a new ISP agreement does not authorize the higher rate. Since he failed to compy with the announced policy, he is not authorized ISP at the higher rate.
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 applicants 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
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