Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9710490
Original file (9710490.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 25 November 1998
         DOCKET NUMBER: AC97-10490

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Loren G. Harrell Director
Mr. Jessie B. Strickland Analyst

         The following members, a quorum, were present:

Mr. James E. Vick Chairperson
Mr. John N. Slone Member
Mr. Raymond V. O’Connor, Jr. Member

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be paid $8,000.00 in Incentive Specialty Pay (ISP) that he is due.

APPLICANT STATES: That he was due $38,000.00 in ISP for the period of 1 July 1992 to 30 September 1995 but he only received $30,000.00 of that money.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant was commissioned as a USAR medical corps captain on 19 June 1985 with a concurrent call to active duty. He was promoted to the rank of major and he continued to serve until he was honorably released from active duty on 15 December 1995 and was transferred to the USAR Control Group (Reinforcement). He had served 10 years, 5 months, and 27 days of total active service.

In the processing of this case an advisory opinion was obtained (COPY ATTACHED) from the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General (OTSG). It opined, in effect that the applicant was entitled to $30,000.00 in ISP for the period 1 July 1992 to 30 September 1995 and that the applicant was paid all of his entitlements during that period.

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’s contention’s have been noted by the Board. However, in the absence of evidence that disputes the computations of the AMEDD Special Pay Branch and the payments by the Defense Finance and Accounting Service (DFAS), there is no basis to grant the applicant any additional pay for the period in question.

3. 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

__jev____ ___rvo___ ___js___ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9710490C070209

    Original file (9710490C070209.TXT) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The Board considered the...

  • ARMY | BCMR | CY1997 | 9711471

    Original file (9711471.rtf) Auto-classification: Denied

    He contends that between the time of his selection for promotion and his retirement on 31 August 1995, he was discriminated against for selection for a valid AGR colonel position by the Chief, Army Reserve (CAR), and the officers who comprise the lieutenant colonel (LTC) promotable/colonel Order of Merit Boards which convened in 1992, 1993 1994 and 1995. The Applicant contends that the CAR selection process for assignment of AGR LTC promotable officers is flawed and as a result, he was...

  • ARMY | BCMR | CY1997 | 9708431

    Original file (9708431.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that he be granted 1 additional day of Active Federal Service (AFS) so that he may qualify for retirement at the rate authorized for over 24 years of AFS. APPLICANT STATES : In effect, that he was unjustly denied retired pay for over 24 years of AFS because he had only served 24 years of service. While it is unfortunate that the applicant was prevented from serving more than 24 years of AFS due to his inability to exceed his RCP by more than 29 days and...

  • ARMY | BCMR | CY1997 | 9708204

    Original file (9708204.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. During the time the applicant served in Vietnam, legislation had not been approved for the payment of hostile fire pay. Accordingly, the Board finds that the applicant had no entitlement to hostile fire pay and there were no provisions at that time for the Department to authorize such a payment.

  • ARMY | BCMR | CY2002 | 2002066602C070402

    Original file (2002066602C070402.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS: That...

  • ARMY | BCMR | CY1997 | 199706528

    Original file (199706528.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY1997 | 199705444

    Original file (199705444.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: His DD Form 214 shows that he was released from active duty and transferred to the USAR Control Group (Reinforcement) because of ETS on 17 February 1988 under the provisions of Army Regulation 635-200, Chapter 4. His records contain an order dated 9 October 1992 showing that he was discharged from the USAR with an Honorable Discharge Certificate on 9 October 1992 under the provisions of Army Regulation 135-178 (N1).

  • ARMY | BCMR | CY1997 | 9707405

    Original file (9707405.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. EVIDENCE OF RECORD : The...

  • ARMY | BCMR | CY1997 | 9708738

    Original file (9708738.rtf) Auto-classification: Denied

    On 16 January 1996 he receipted for a certified letter from his unit advising him that he was absent from unit training on 6 and 7 January 1996 and that unless his absence was excused, he would have accrued 4 unexcused absences in a 1-year period which commenced 6 January 1996. On 26 June 1996 another certified letter was sent to him informing him that his absence from three of the four unit training assemblies on 22 and 23 June 1996 were unexcused and that he had now accrued 11 such...

  • ARMY | BCMR | CY1990-1993 | 9209418C

    Original file (9209418C.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. DISCUSSION: Considering all...