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.
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 applicants contentions 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
ARMY | BCMR | CY1997 | 9710490
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. 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...
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 | CY2012 | 20120005318
The applicant provides: * Dental Officer Multiyear Retention Bonus (DOMRB) agreement * OMFS ISP agreements for 2010 and 2011 * Email, dated 14 March 2011, from the Office of the Surgeon General CONSIDERATION OF EVIDENCE: 1. He provided documentation which shows he signed OMFS ISP agreements in 2009, 2010, and 2011 for $30,000.00 each year. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he executed and was...
ARMY | BCMR | CY2002 | 2002066602C070402
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 | CY2011 | 20110019486
The applicant requests correction of her records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2007 through 30 September 2008. The applicant states she did not receive ISP in October 2007 despite completing her Family Residency in July 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she requested payment of ISP in the amount of $13,000 per year for the period 1...
ARMY | BCMR | CY2002 | 2002074354C070403
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. 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...
ARMY | BCMR | CY2009 | 20090006074
The applicant requests that his records be corrected to reflect entitlement to Medical Corps Incentive Special Pay (ISP) for the year 2008. The opinion noted the applicant was, in effect, requesting payment of ISP at $13,000 for the period 9 October 2007 through 8 October 2008 and to align the first executed ISP agreement effective 1 October 2009 on the same cycle. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a....
ARMY | BCMR | CY2001 | 2001052224C070420
There is no evidence in the records available to the Board that the applicant executed an annual contract for MASP for the period 1 July 1999 through 30 June 2000 or executed an annual contract for Incentive Special Pay (ISP) for the period 1 October 1999 through 30 September 2000. This message establishes, among many requirements, the specialties eligible for and rates for special pays, active duty obligations, contractual requirements, and the Department of the Army policies governing the...
ARMY | BCMR | CY2001 | 2001060351C070421
He submits a statement stating he only found out of his entitlement to the MSP for this period from a colleague, he has information concerning another officer who received relief from this Board, that other USMA classmates received the MSP, that he was misled by Personnel Office officials, that he relied on these officials and was deployed to Kuwait during this period of time, and that the Special Pay Branch stated his eligibility actually began in 1993. On 13 November 2001, the Chief of...
ARMY | BCMR | CY2010 | 20100000623
The applicant requests correction of his records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2008 through 30 September 2009. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a...