2. The applicant requests correction of his military records by: terminating his incentive special pay (ISP) agreement for the period 1 October 1992 through 30 September 1993 effective 30 June 1993; and by initiating a new ISP agreement for the period 1 July 1993 through 30 June 1994. He states that he was mandatorily retired with 30 years of commissioned service on 30 June 1994, and this is the only way he may receive ISP for his final year of service.
3. The applicant is a retired colonel (doctor) in the Medical Corps. While on active duty, he signed an ISP agreement for $21,000 for the period 1 October 1993 through 30 September 1994. Although he fully intended to serve the entire 12 month period of the ISP agreement, he did not realize that he faced mandatory 30 year retirement on 30 June 1994. When his servicing personnel office advised him of his pending retirement on 7 April 1994, he was also notified on 6 May 1994 that, because he could not complete his ISP agreement, all $21,000 would be collected back even though he would have completed 3/4ths of the agreement by his retirement date.
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. Entitlement to special pay is in addition to any other pay and allowances.
5. In the processing of this case, a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) which recommends that, in the interest of justice and equity, the applicant be permitted to renegotiate his final ISP agreement to afford him 12 months of qualifying service. To accomplish this, it further recommends that the applicants 1 October 1992 ISP agreement be terminated on 30 June 1993 and that 3 months of prorated ISP payments (July, August, and September 1993) be recouped.
CONCLUSIONS:
1. The applicant believed that he was eligible for and, thus, entered into an ISP agreement on 1 October 1993. This agreement was voided in May 1994 when he was informed that he would not be able to complete the agreement prior to his mandatory retirement date of 30 June 1994. He was further informed that the entire amount ($21,000) would be collected back from him even though he had performed qualifying duty for 9 of the 12 months of the agreement.
2. The Office of the Surgeon General recommends that, in the interest of justice, the applicants ISP agreement be renegotiated to afford him enough time (1 year) to earn the ISP payment.
3. In consideration of the foregoing findings and conclusions, 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 1 October 1992 ISP agreement of the individual concerned effective 30 June 1993 and by recouping, on a pro rata basis, the ISP payment for the period 1 July 1993 through 30 September 1993; and
b. by initiating, and paying, a new ISP agreement at the rate of $21,000 for the period 1 July 1993 through 30 June 1994.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY1996 | 9609639C070209
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). 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...
ARMY | BCMR | CY1996 | 9607799C070209
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. The OTSG recommends that the applicants request be denied. That all of the Department of the Army records related to this case be corrected by...
ARMY | BCMR | CY1996 | 9608494C070209
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. The Department of Defense Military Pay and Entitlements manual provides that medical officers may be authorized ISP under certain criteria. 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.
ARMY | BCMR | CY2001 | 2001060984C070421
The applicant requests adjustment of the effective date of his 1-year ISP (Incentive Special Pay) contract from 1 October 1997 to 1 July 1997. He entered into a new ISP as a thoracic surgeon on 1 October 1997 following completion of his general surgery ISP on 30 September 1997. The applicant contracted a general surgery ISP for the period 1 October 1996 through 30 September 1997 at the rate of $26,000 per year.
ARMY | BCMR | CY2009 | 20090008337
The applicant requests, in effect, retroactive payment of Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) for the period covering 1 July 2007 to 30 June 2011. There is no evidence in the applicant's military records that shows he was authorized MSP in the amount of $25,000.00 or MISP in the amount of $15,000.00 for the period 1 July 2007 to 30 June 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2015 | 20150005115
The applicant requests payment of his Medical Additional Special Pay (MASP) for physicians for the year 10 July 2014 through 9 July 2015. The applicant is requesting full payment of a 1-year MASP contract at $15,000/year effective 10 July 2014 through 9 July 2015. OTSG rejected the MASP contract, incorrectly stating he was not eligible for any MASP payment since his retirement date was 25 June 2015 and he would not be able to complete the entire year.
ARMY | BCMR | CY1996 | 9609797C070209
Entitlement to special pay is in addition to any other pay and allowances. 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. He certainly was intelligent enough to execute the more favorable ISP agreements and to accept $57,000 worth of payments.
ARMY | BCMR | CY2013 | 20130020721
The applicant requests correction of his records to show he executed a Medical Corps (MC) Incentive Special Pay (ISP) contract effective 1 July 2009 through 30 June 2010 vice 1 October 2009 through 30 September 2010. LE stated the applicant completed his fellowship as of 30 June 2009 and would have been eligible to renegotiate his ISP with the effective date of 1 July 2009 at the higher rate of $36,000. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130011968
The applicant requests correction of his military records to show he contracted for Incentive Special Pay (ISP) with an effective date of 1 July 2012. The applicant is requesting that his 1-year ISP contract at $36,000/year effective 1 November 2012 be changed to show an effective date of 1 July 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. terminating the applicant's ISP contract at $20,000/year for the...
ARMY | BCMR | CY2011 | 20110005739
IN THE CASE OF: BOARD DATE: 17 November 2011 DOCKET NUMBER: AR20110005739 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * he has served as an Army Obstetrics Gynecologist (OB/GYN) since his date of active duty entry upon completion of his residency in 1998 * in 2007, he was awarded the opportunity to train in an Army sponsored civilian deferred fellowship in the medical subspecialty of Urogynecology from 1 July 2007 to 30 June 2010 * during the first year of his...