2. The applicant requests correction of his military records to show that he was authorized to renegotiate an MSP (multi-year special pay) agreement beginning 1 October 1995, and requests cancellation of the $3,000 indebtedness incurred due to an overpayment of ISP (incentive special pay).
3. The applicants military records show that he is currently serving in the Medical Corps with the rank of colonel. He entered into a 4-year MSP effective 1 July 1993 at the annual rate of $14,000. The linked ISP rate was $3,000. When the ISP rate increased to $6,000, the applicant was erroneously allowed to enter into a new ISP agreement effective 1 October 1995 without renegotiating his MSP agreement thereby incurring a debt in the amount of $3,000.
4. The Department of Defense Military Pay and Allowances Entitlements Manual provides in Part one, section H, that medical officers who are fully qualified in a designated specialty and who meet the provisions of this section are eligible to enter into a written agreement for MSP to voluntarily remain on active duty for a certain number of years.
5. 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.
6. In the processing of this case, a staff advisory opinion was obtained from the Office of The Surgeon General (OTSG) which recommended approval of the applicants request. The OTSG advised that the 4-year MSP agreement which was effective on 1 July 1993 should be terminated on
30 September 1995; that the unearned portion for the period 1 October 1995-30 June 1996 be recouped, and that a new
4-year MSP agreement be executed with an effective date of 1 October 1995. The applicant has not received the installment of $14,000 effective 1 October 1995. This would authorize the higher ISP rate. It would remove the debt of $3,000 for the period 1 October 1995-30 September 1996, and entitle him to $6,000 vice $3,000 for the ISP for the period 1 October 1996-30 September 1997.
CONCLUSIONS:
1. The evidence of record shows that the applicant entered into a 4-year MSP agreement beginning 1 July 1993 at the annual rate of $14,000. At the same time he entered into the linked ISP agreement at the annual rate of $3,000.
2. When the ISP rate increased to $6,000, the applicant was permitted to enter into a new ISP agreement effective
1 October 1995. However since he had not renegotiated his MSP contract, the ISP agreement was erroneous and resulted in an overpayment of $3,000. At the present the debt has been suspended pending the result of this Boards action.
3. In view of the foregoing, it would be appropriate to terminate the 1 July 1993 MSP agreement effective
10 September 1995 and recoup the unearned portion of the MSP for the period 1 October 1995-30 June 1996 with entitlement to $14,000 for the period 1 October 1995-30 September 1996.
4. The renegotiated MSP agreement would entitle the applicant to the higher rate of ISP and thereby remove the debt of $3,000.
5. In view of the foregoing, it would be appropriate to correct the records as recommended by the OTSG.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by terminating the MSP agreement dated 1 July 1993 of the individual concerned on 30 September 1995 and by recouping the unearned portion of MSP for the period
1 October 1995-30 June 1996;
b. by showing that he is authorized to enter into a
4-year MSP agreement beginning 1 October 1995 with payment of the first installment and suspension of the $3,000 debt incurred due to the erroneous ISP agreement.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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