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ARMY | BCMR | CY2001 | 2001060933C070421
Original file (2001060933C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 15 NOVEMBER 2001
         DOCKET NUMBER: AR2001060933


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

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Stanley Kelley Member
Ms. Karen A. Heinz Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests retroactive incentive special pay (ISP).

3. The applicant states that he was not informed that he needed to apply for ISP; therefore, a contract was not initiated for the past year.

4. The applicant’s military records show that he was appointed a second lieutenant in the Regular Army as a field artillery officer in 1981. He was discharged in 1992 in the rank of captain. On 25 May 1996 the applicant accepted an appointment as a major in the medical corps. He completed his residency in obstetrics/gynecology from 1 July 1997 to 30 June 2000.

5. In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General. An official of that office stated that the applicant, as a new ISP recipient, apparently did not know of the requirement to execute the ISP contract for payment, and that he should receive the outstanding ISP of $31,000.00 a year effective 1 October 2000 to 30 September 2001.

6. A copy of the advisory opinion was forwarded to the applicant on 5 November 2001 for his information and possible comment. He concurred with the advisory opinion.

7. Incentive Special Pay (ISP) is paid to specific Medical Corps officers based on board eligible/certified specialty and execution of contract. Payment starts 90 days after completion of civilian or military residency (approximately 1 October). An officer receives a lump sum payment minus taxes based upon rate for specialty.

CONCLUSIONS:

1. The applicant should have entered into a contract for ISP for the period 1 October 2000 to 30 September 2001. However, as a new ISP recipient he apparently was unaware of the requirement to execute the ISP contract for payment. The official from the Office of The Surgeon General stated that the applicant should receive the ISP for FY01. The Board agrees. Consequently, the applicant’s record should be changed to show that he did execute an ISP contract for the period 1 October 2000 to 30 September 2001, and that he is entitled to a retroactive ISP of $31,000.00.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned executed a contract for ISP for the period 1 October 2000 to 30 September 2001, and that he receive an ISP of $31,000.00.

BOARD VOTE:

__INW __ __SK ___ __KAH __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Irene N. Wheelwright_
                  CHAIRPERSON




INDEX

CASE ID AR2001060933
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011115
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 128.06
2. 299
3.
4.
5.
6.


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