Mr. Carl W. S. Chun | Director | |
Mr. Lee Cates | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Mr. Melvin H. Meyer | Member | |
Mr. Donald P. Hupman, Jr. | Member |
2. The applicant requests that his records be corrected to show entitlement to a 3-year Medical Special Pay (MSP) and corresponding Multi-year Incentive Special Pay (MISP) for the period 9 January 2001 to 8 January 2004.
3. The applicant states that he was unaware of the special pay to which he was entitled and that he had no service obligation based on education and training.
4. The applicant’s military records show that, as a Reserve Officer, he was ordered to active duty effective 9 January 2001.
5. A review of the officer’s military pay file by a staff member of the Army Medical Department (AMEDD) Special Pay Branch indicates the applicant entered into a 2-year MSP contract at $12,000 and a MISP contract at $13,000 per year for the period 9 January 2002 to 8 January 2004, pending the outcome of this request.
6. On 16 May 2002, the Chief, AMEDD Special Pay Branch opined that the applicant was entitled to the 3-year MSP and MISP contracts effective 9 January 2001; however, he was not counseled or offered the contracts upon arrival at this first duty station in Europe. The applicant lacked an understanding of the special pay entitlements as a new accession on active duty from the private sector. It was also noted that contracts require execution and submission by the officers concerned, through their chain of command for payment and that they must execute their contract no earlier than 90 days or later than 30 days. It was recommended that he receive this payment.
7. On 21 May 2002, the OTSG opinion was provided to the applicant for his acknowledgement/rebuttal. On 30 May 2002, he concurred with the advisory opinion.
CONCLUSIONS:
1. The evidence of record shows the applicant was entitled to enter into MSP and MISP contracts at the rate of $10,000 and $13,000, respectively, effective 9 January 2001; however, he was not properly counseled on or offered contracts by his first duty station in Europe.
2. The Board concludes the applicant, as a new inexperienced accession into the Army, did not know of his MSP/MISP entitlements at the time, through no fault of his own; and that he was not adequately advised of his entitlements at the time.
3. 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 the individual concerned entered into 3-year MSP and MISP contracts effective 9 January 2001 at a rate of $10,000 and $13,000, respectively.
BOARD VOTE:
__FNE___ _MHM__ _DPH___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
______________________
CHAIRPERSON
CASE ID | AR2002069551 |
SUFFIX | |
RECON | |
DATE BOARDED | 20020716 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | GRANT |
REVIEW AUTHORITY | |
ISSUES 1. | 128.16 |
2. | |
3. | |
4. | |
5. | |
6. |
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