| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Luther L. Santiful | Chairperson | ||
| Ms. Barbara J. Ellis | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That she be paid ophthalmology Incentive Special Pay (ISP) for 1997. (She had originally asked for ISP for 1996; however, after reviewing her bank statements she discovered that her 1996 ISP was paid.)
APPLICANT STATES: The applicant defers to counsel.
COUNSEL CONTENDS: That medical officers are entitled to ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The officer must agree to remain on active duty for one year after receiving the ISP. The applicant signed the requisite active duty agreement on or about 1 October 1997. She did everything that was required of her. For unknown reasons her contract was never processed and she never received the ISP to which she was entitled.
EVIDENCE OF RECORD: The applicant's military records show:
She was appointed a captain in the U. S. Army, Medical Corps, in 1989 and entered active duty around June 1989 as an ophthalmologist.
A 14 November 1997 letter from the Training Administrator, Armed Forces Institute of Pathology (AFIP), Washington, D.C., indicates that the applicant was involved in a motor vehicle accident in December 1994 and suffered extensive injuries to her back. Her injuries limited her ability to perform eye surgery but she was working in Ocular Pathology to keep active in ophthalmology. The Administrator stated that the applicant signed the contract for ISP but had not received it.
A 27 October 1997 letter from the Chairman, Ophthalmic Pathology, AFIP, Washington, D.C., indicates that the applicant informed him that she applied for her ISP for 1997 but as of that date had not received it.
In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS). DFAS noted that there was no record of an ISP payment for October 1997 for the applicant. DFAS did have a record of her receiving ISP for 1995 and 1996.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. Counsel for the applicant responded by stating the applicant had long been preoccupied with a series of grave medical conditions that often precluded her attention to day-to-day activities. As circumstances allowed and she began reviewing her records to see that all was in order, questions arose about whether she had received all the ISP to which she was entitled. DFAS resolved the question of her 1996 ISP payment, but not about the 1997 ISP payment.
An advisory opinion was obtained from the Office of the Surgeon General, Army Medical Department Special Pay Branch. That office noted that there was no record of receipt of the applicant's ISP contract by that office or payment of any ISP contracts from 1 October 1997 through her release from active duty on 16 April 2002. That office could only make ISP payments for received and approved contracts.
A copy of the advisory opinion was provided to the applicant for comment or rebuttal. She did not respond within the given time frame despite receiving two extensions requested by counsel.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 acknowledges that the applicant contends she completed the ISP contract on or about 1 October 1997. It appears she began to question the nonpayment of ISP soon thereafter. However, it appears she failed to provide the contract (and as a commissioned officer she should have known to keep a copy of the contract for her use) at that time and she fails to provide it now. There is insufficient evidence to show she completed the required contract.
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
__LLS__ __BJE___ __WDP__ DENY APPLICATION
| CASE ID | AR2002069654 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/12/17 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.17 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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...
ARMY | BCMR | CY2013 | 20130002374
The applicant provides: * ISP contracts 1, 2, and 3 * Certificate of training, Fellowship in Maternal Fetal Medicine, dated 30 June 2008 CONSIDERATION OF EVIDENCE: 1. The applicant is requesting Army Board for Correction of Military Records intervention because the request is effective in the previous fiscal year. 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...
ARMY | BCMR | CY2014 | 20140010787
She indicates she graduated from the Urology residency on 1 July 2012; however, the supporting Human Resources office failed to supply the required contracts for execution and payment. There is no record of created, executed, processed, or paid MASP or ISP contracts for the period 20120701-20130630. d. An officer must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by...
ARMY | BCMR | CY2012 | 20120012638
The applicant requests, in effect, correction of her records to show she was awarded 4 years of creditable service upon her accession on active duty, and retroactive award of Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) for 2011, the year she was accessed on active duty. On 4 June 2012, she completed a Request for MASP for the period 5 July 2012 through 4 July 2013. As a result, the Board recommends that all Department of the Army records of the individual...
AF | BCMR | CY2003 | BC-1996-00259A
_________________________________________________________________ APPLICANT’S REVIEW OF AIR FORCE EVALUATIONS: The applicant’s counsel reviewed the evaluations and states that a perfectly decent laboratory says the specimen is tainted and the Air Force says the results are inconclusive. The results did not conclusively demonstrate that there was no match between the specimen and the collected DNA sample from the applicant. The AFIP/CME-DNA evaluation is at Exhibit...
ARMY | BCMR | CY2001 | 2001058646C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the...
ARMY | BCMR | CY2013 | 20130008776
The applicant requests, in effect, a retroactive rate adjustment of her existing 1-year Incentive Special Pay (ISP) contract for the period 1 October 2012 through 30 September 2013 [hereinafter referred to as the existing contract] to show an ISP rate of $36,000.00 per year vice $31,000.00 per year. The applicant is requesting a retroactive rate adjustment to her existing 1-year ISP contract of $31,000.00 per year to $36,000.00 per year based on her contract not being prepared at the...
ARMY | BCMR | CY2011 | 20110011000
For Army Medical Corps officers (physicians), these special pays are: (1) Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty; (2) Board Certification Pay which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; (3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps officers upon...
ARMY | BCMR | CY2011 | 20110020068
A review of the applicant's military pay file indicates no record of an ISP agreement being received from the command during the requested period. In view of the foregoing, it would be appropriate to correct her records to show that she executed the appropriate written agreement to receive ISP in the amount of $20,000 pay for the period 1 October 2010 through 30 September 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2015 | 20150003141
His current Special Pay Office at Landstuhl Army Medical Center states that this pay is received before the year is completed. A review of the applicant's military pay file indicates he executed and received payment for annual ISP contracts at $20,000 effective 1 October 2010, 1 October 2012, and 1 October 2013. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he requested payment of ISP in the amount of...