RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            10 March 2005
      DOCKET NUMBER:   AR20040002680


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation from active duty
date be determined to be 30 September 2005.

2.  The applicant states that when he signed a Critical Skills Retention
Bonus (CSRB) in December 2002, he was led to believe that one year would be
added to his then current obligation – extending it from May 2004 to May
2005.  He then signed a Multi-year Special Pay (MSP) agreement in October
2003, believing he was extending his obligation 2 years from the effective
date of that agreement – from 1 October 2003 to October 2005.  He is now
being told that the CSRB is additive to the now-current MSP contract, not
the one that was current when he signed [the CSRB].

3.  The applicant provides five emails -- three dated 4 June 2004, one
dated        7 June 2004, and one dated 8 June 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant out of the Reserve
Officers' Training Corps program on 1 June 1980.  He was assigned to the
Uniformed Services University of the Heath Sciences to obtain his medical
degree.  He was appointed a captain in the Medical Corps on 19 May 1984.
He was promoted to colonel on 1 October 2002.

2.  On 2 September 1999, the applicant signed an MSP and a Multi-year
Incentive Special Pay (MISP) agreement, obligating him for 4 years until 20
May 2004.

3.  0n 6 September 2002, the applicant signed a CSRB agreement.  Paragraph
2b of the agreement indicated that his current active duty service
obligation for education and training or accession bonus expired on 19 May
2004.  Paragraph 2b of the agreement also indicated that he understood that
his obligation for remaining on active duty would be extended one year
beyond his current training obligation date.  Paragraph 3a indicated that
the effective date of the agreement would be "…(1 October 2002, or the date
of expiration of any current MSP agreement, as recorded in item 2b,
whichever is later.)"  Item 2b recorded his current obligation as 19 May
2004.  Payment of the CSRB was subject to the availability of funds.

4.  The applicant apparently signed a second CSRB agreement on 20 September
2002.  The information listed was the same except his current obligation
was recorded as May 2004.

5.  Because funds were not available, the CSRB agreement signed by the
applicant was not effective.  Around December 2002, the applicant was
provided an addendum to the CSRB proposed agreement, to establish a new
effective date, with a cover letter.  The cover letter informed him that
all contracts were effective 1 December 2002 or the date the addendum was
approved, whichever was later.  It also informed him, "Otherwise,
obligation for CSRB continues to be served after completion of any existing
training obligation, or Multi-year special Pay (MSP) contract, as
applicable."  The addendum informed him likewise.  He signed the addendum
on 4 December 2002.

6.  On 18 September 2003, the applicant signed an MSP and an MISP agreement
to be effective 1 October 2003.  On 15 October 2003, he was informed his
total years for obligation ended on 20 May 2007.

7.  In the processing of this case, an advisory opinion was obtained from
the Army Medical Department Special Pay Branch.  That office noted that
receipt of payment for the CSRB adds a 1-year obligation to an officer's
existing training obligation or physician MSP.  That office noted, in
effect, that the applicant had a 4-year MSP obligation and linked MISP
obligation effective 30 September 1999; however, it did not take effective
until 21 May 2000, after an existing obligation for medical education and
training ended.  Execution of his CSRB added an additional year to his
obligation, and execution of his new renegotiated 2-year MSP and linked
MISP added an additional 2 years.

8.  The advisory opinion noted that the applicant had several options, to
include negating his new renegotiated 2-year MSP/MISP effective 1 October
2003 and make full repayment of the monies ($53,000) he received for those
contracts.  His obligation would then be adjusted back to 20 May 2005.  He
could execute an annual Incentive Special Pay (ISP) agreement for $36,000
per year effective  1 October 2003, running concurrent with his MSP/CSRB
obligation.

9.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  The applicant stated that he always planned to serve
until he could retire with 3 years time in grade as a colonel.  He signed
the CSRB knowing that his date of rank was 30 September 2002.  Then he
signed the 2003 MSP contract, after guidance from his contract advisor,
with the understanding that his
obligation would not extend past 30 September 2005.  When he signed each
contract, he specifically asked about his separation date and was assured
each time that it would not be extended past 30 September 2005.

10.  The applicant commented that the effective date in his CSRB contract
was specified in paragraph 3a as 30 September 2002.  The "effective date"
was explicit:  As of 30 September 2002, the Army and he understood that the
CSRB obligation ran from 20 May 2004 to 20 May 2005.  He disagreed with the
advisory opinion's suggestion that the CSRB obligation should be added
after the 2003 MSP and served from 30 September 2005 to 30 September 2006.
His position is that, after the effective date of 30 September 2002, the
understood obligation dates cannot be changed without mutual agreement.
Any contract signed after 30 September 2002 has no bearing.  He commented
that there is no explanation in the MSP contract to distinguish an
effective date from service obligation dates.  The MSP contract explicitly
states, "The 2 years of continuous service (obligation) that I agree to
serve will begin on 1 October 2003."  He trusted his contract advisor when
his advisor assured him that the contract would not obligate him past his
anticipated separation date of 30 September 2005.

11.  The applicant commented that he was mis-guided to believe that his
obligation for a 2-year MSP would end on 30 September 2005.  He sees now
that he was not eligible to serve that obligation until 21 May 2004 and
that he inadvertently obligated himself until 20 May 2006, 2 years after
completion of his initial MSP obligation.  He appreciates the options
offered to him and accepts the option to pay back some of his bonus with a
renegotiated contract so as to make his separation date 30 September 2005.

DISCUSSION AND CONCLUSIONS:

1.  The intention behind medical special pay agreements is understandable –
the Army offers a set dollar amount for a set period of service.  However,
the agreements themselves, at least in the applicant's case, can be
confusing.  It appears that the Army's medical special pay contract
advisors are also confused by the agreements.

2.  Nevertheless, the applicant is willing to accept one of the options
offered by the Army Medical Department Special Branch in its advisory
opinion.  He will accept negating his new renegotiated 2-year MSP/MISP
effective 1 October 2003 and repaying the monies he received for those
contracts.  His obligation would then be adjusted back to 20 May 2005.  To
make up for some of the monies he will have to reimburse, his records would
also be corrected to show he executed an annual ISP agreement effective 1
October 2003, running concurrent with his MSP/CSRB obligation.
BOARD VOTE:

__jns___  __le____  _cd_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

     a.  negating his new renegotiated 2-year MSP/MISP effective 1 October
2003 with full repayment of the monies he received for those contracts;

     b.  adjusting his obligation back to 20 May 2005; and

     c.  showing that he executed an annual Incentive Special Pay agreement
for $36,000 per year effective 1 October 2003, running concurrent with his
MSP/CSRB obligation.




            ___John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040002680                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050310                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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