| Mr. Carl W. S. Chun | Director | |
| Mr. Klaus P. Schumann | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. Kenneth L. Wright | Member | |
| Mr. Eric N. Andersen | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
11. Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the Armed Forces. For Army Medical Corps Officers (Physicians), these special pays are: 1) Variable Special Pay (VSP), which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (BCP), 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 (HPPED);
3) Medical Additional Special Pay (MASP), which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one year active duty obligation that can be served concurrently with all other obligations; 4) Incentive Special Pay (ISP), which is paid based on a variable rate to selected Medical Corps Officers who hold the specialties eligible to receive this pay for a one year active duty obligation that may be served concurrently with all other obligations; and
5) Multiyear Special Pay (MSP), which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps Officers based on their specialty. This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.
12. Multi-year retention bonuses and special pays for medical officers, as authorized under selected provisions of Title 37 United States Code and the Assistant Secretary of Defense (Health Affairs) Medical Officer Special Pay Plan, are implemented by the Surgeon General of the Army in an annual message, subject: Army Medical Corps Officer Special Pay Policy, Plan and Rates. This message establishes, among many requirements, the specialties eligible for and rates for special pays, active duty obligation requirements and the Department of the Army policies governing the five special pays for active duty Medical Corps Officers.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record indicates that the applicant's MRD was incorrectly established and that this impacted his ability to negotiate and enter into incentive pay contracts that were the most financially advantageous to him.
2. The applicant contends that he was misinformed in regards to his established MRD and had he known his correct MRD, he would have renegotiated a
three-year contract for MASP and MSP/MISP for the period 1 October 2000 through 30 September 2003, instead of opting for a two-year contract for a shorter period. The AMEDD Special Pay Branch advisory opinion confirms that the applicant was denied a three-year contract for this period because it exceeded the incorrect MRD entered on his record.
3. Regulatory guidance states that as a RC Lieutenant Colonel (LTC), the applicant is authorized to serve on active duty until he attains twenty-years of active federal service which at a minimum in this case should have established the applicant's MRD as 16 June 2006. Therefore, given that his official MRD was incorrect at the time he requested a three-year contract for MSP/MSIP and given that an incorrect MRD was the cause for his request for a three-year contract to be denied, it is appropriate to grant his request for a three-year Multi-year Special Pay contract for the period 1 October 2000 through 30 September 2003.
4. The advisory opinion in this case obtained from the Office of the Surgeon General states that the applicant did not receive Incentive Special Pay for the period 1 October 2001 through 30 June 2002. Therefore, the applicant is entitled to a payment of $11,250 for this nine-month period.
BOARD VOTE:
_KAN____ __KLW___ __ENA__ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2003086144 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2004/03/04 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1.MSP | 128.2100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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