| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Payment of Incentive Special Pay (ISP) for 1 October 2000.
APPLICANT STATES: That he did not sign the contract for 1 October 2000 but he was working in specialty 60V. He was preparing for his board certification exam in Neurology.
EVIDENCE OF RECORD: The applicant's military records show:
He was commissioned and entered active duty as a captain in the Medical Corps on 17 June 1994. He was promoted to major on 17 June 2000 as a 60V (Neurologist).
In the processing of this case, an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch. That office recommended approval of the applicant’s request based on extenuating circumstances. That office noted that the ISP contract requires execution and submission by the officer, through his or her chain of command, for payment. An officer must execute the contract no earlier than 90 days but no later than 30 days from the effective date. After that period, the date of signature becomes the new effective date. A review of the applicant’s military pay file indicated that he did execute and was paid the Fiscal Year (FY) 2000 ISP for $13,000 per year effective 1 October 1999 – 30 September 2000. It appeared that he failed to execute the FY 2001 ISP contract for payment of the ISP for the period effective 1 October 2000 – 30 September 2001 in a timely manner due to the intense preparation required to take his board certification examination. That office recommended payment of the outstanding ISP for $13,000 per year effective 1 October 2000 – 30 September 2001.
A copy of the advisory opinion was provided to the applicant for comment. He concurred with the advisory opinion on 19 December 2001.
On 28 February 2002, the applicant provided additional information. He stated that the Special Pay Clerk for the hospital indicated to him that she did not have any records to substantiate an offer of an ISP contract for FY 2001 but she said she typically would send out a general email in late August for the contracts to be signed. He said his oral board exam was administered in September 2000. He prepared for the board exam beginning several months prior to the exam. Additionally, he took about two weeks leave prior to the board to intensively study and review.
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, 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 this requirement.
2. The Board understands that the applicant studied intensively for his oral board exam for several months prior to taking the exam in September 2000. While his supporting Special Pay Clerk stated that she has no records to substantiate that an offer of an ISP contract was made to the applicant, there is also no evidence to show that an offer was not made. In addition, the applicant had signed a contract for the ISP for FY 2000 and so should have been aware that this annual contract was up for renewal. He took his oral board exam in September 2000. He had until approximately 30 October 2000 to sign his contract for FY 2001. He provides no reasonable rationale to explain why he failed to do so. The Board therefore concludes that it would not be equitable to grant the relief requested at this late date.
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
__jns___ __lds___ __jtm___ DENY APPLICATION
| CASE ID | AR2001058646 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020321 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.17 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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