APPLICANT REQUESTS: That the $24,000 debt which he incurred when he accepted overpayment of his Medical Special Pay (MSP) be forgiven and any moneys already collected against that debt be refunded.
APPLICANT STATES: In effect, that he cannot keep the plethora of medical bonus payments (MORB, MASP, MSP, ISP, VSP, Board Certification Pay, etc.) straight in his mind and, therefore, must rely on his AMEDD (Army Medical Department) personnel and finance offices to ensure that he is receiving the correct amounts. He should not be made to suffer for their mistakes.
COUNSEL CONTENDS: NA
EVIDENCE OF RECORD: The applicant's military records show:
He is a lieutenant colonel in the Army Medical Corps with a specialty in Clinical Pharmacology. On 22 May 1992, while stationed at Walter Reed Army Medical Center, he executed a 4-year MSP agreement for $8,000 per year; at the time, there was no Incentive Special Pay (ISP) associated with the MSP. For Fiscal Year 1993 (1 October 1992), the Army changed special pay for the applicants specialty by eliminating MSP in favor of a stand-alone ISP payment of $12,000 [this was increased to $15,000 for subsequent fiscal years]. Because of the larger ISP payment, the applicant initiated a new contract for the stand-alone ISP effective 1 October 1992 which canceled his MSP.
The Army continued to pay the applicant MSP payments of $8,000 on 22 May 1993 through 1995 while paying him ISP payments of $12,000 on 1 October 1992, and $15,000 on 1 October 1993 through 1995. In November 1995, the $24,000 overpayment of MSP was discovered and collection action was initiated.
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.
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. The ISP may be linked to an MSP agreement or it may be a stand-alone agreement. Entitlement to special pay is in addition to any other pay and allowances.
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 22 May 1992, then canceled that agreement when he signed a more lucrative stand-alone ISP agreement on 1 October 1992. 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. 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 that would satisfy the aforementioned requirement.
2. The applicant executed a 4-year MSP contract which would pay him a total of $32,000. Four months later, he executed an MSP-canceling ISP agreement which, over a 4-year period, would pay him $57,000. This action increased his special pay by $25,000 over the 4-year period. Unfortunately, the applicant continued to receive MSP payments of $8,000 a year for 1993-95, money to which he was not entitled.
3. The applicants claim that he cannot be expected to keep up with the constant changes to the ISP and MSP programs is not accepted. The applicant is ultimately responsible for ensuring that his pay is correct; AMEDD personnel and finance officials are only there to assist him. He certainly was intelligent enough to execute the more favorable ISP agreements and to accept $57,000 worth of payments. He should also have been intelligent enough to know that he was being overpaid by $24,000 between 1993-95.
4. In view of the foregoing, there is no basis for granting the applicant's 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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