RECORD OF PROCEEDINGS


	IN THE CASE OF:      
	 

	BOARD DATE:            27 October 2005                  
	DOCKET NUMBER:   AR20050001509


	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. Joseph A. Adriance 

Analyst


The following members, a quorum, were present:


Mr. Melvin H. Meyer

Chairperson

Mr. Allen L. Raub

Member

Ms. Linda D. Simmons

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, payment of $13,000 for the period 1 October 2004 through 30 September 2005.  

2.  The applicant states, in effect, he was under the assumption he was under an approved 3-year multi-year special pay (MSP) contract at $13,000 per year for the period 1 October 2002 through 30 September 2005.  He claims the last MSP payment he received was for the period 1 October 2003 through 30 September 2004.  He states that he signed a 4-year MSP/Multi-Year Incentive Special Pay (MISP) contracts on 8 September 2002, which were submitted to the special pay clerk at William Beaumont Army Medical Center (WBAMC).  The special pay clerk was informed these 4-year contracts could not be approved due to his mandatory release date (MRD) of 31 January 2006.  He claims to have then signed 3-year MSP/MSIP contracts on 29 September 2002, with effective dates of 1 October 2002 through 30 September 2005.  He states that when he did not receive the final MSP payment (1 October 2004), by 8 December 2004, he notified and sought assistance from the WBAMC special pay clerk.  The clerk checked the database and informed him that he was not listed as having been under a 3-year MSP.  He states he was unaware the 3-year contract was not in effect and since he did sign 3-year contracts that were received at the Office of The Surgeon General (OTSG), this error was through no fault of his own and he should be entitled to the final MSP payment. 

3.  The applicant provides copies of a 4-year and 3-year MSP/MSIP contracts with copies of signed transmittal records received by OTSG.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant’s record shows that as of the date of his application to the Board, the applicant was serving on active duty in the rank of lieutenant colonel.  

2.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, OTSG.  This official lists the special pay agreements submitted by the applicant and processed by OTSG.  He indicates the applicant submitted a 4-year MSP at $14,000 per year and linked MSIP at $36,000 for the period 1 October 2002 through 30 September 2006, which were returned without action based on the applicant’s 31 January 2006 MRD. The OTSG special pay official further states the applicant submitted a 1-year Critical Skills Retention Bonus (CSRB) at $20,000 per year, with an addendum date of payment of 
1 December 2002, which was processed and is being paid.  

3.  The OTSG special pay official also states the applicant submitted a 3-year MSP at $13,000 per year with a linked MISP of $36,000 for the period 1 October 2002 through 30 September 2005.  However, since the applicant had earlier submitted a 1-year CSRB, the combination of the CSRB and 3-year MSP/MSIP agreements would have established an obligation end date of 30 September 2006.  As a result, based on the applicant’s MRD of 31 January 2006, the 3-year agreement request was returned without action.  The applicant then submitted a 2-year MSP at $12,000 per year with a linked MSIP of $36,000 for the period 1 October 2002 through 30 September 2004.  This agreement in combination with the applicant’s 1-year CSRB agreement establishes an end date of 
30 September 2005.  

4.  The OTSG special pay official states the applicant’s request for a 3-year MSP and linked MSIP of $36,000  for the period 1 October 2002 through 30 September 2005 cannot be supported because the agreements were never accepted or processed for payment.  He further states the applicant is currently receiving payments for his authorized 2-year MSP at $12,000 per year and linked MSIP of $36,000 for the period 1 October 2002 through 30 September 2004; and for a 1-year Incentive Special Pay (ISP) at $36,000 for the period 1 October 2004 through 30 September 2005 and 1-year Medical Additional Special Pay (MASP) at $15,000 per year for the period 9 September 2004 through 8 September 2005.  This OTSG official concludes by stating that all agreements approved for the applicant are paid up-to-date, and the applicant’s special pay agreements and obligations expire on 30 September 2005. 

5.  On 18 March 2005, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond.  To date, he has failed to reply.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that he is entitled to additional MSP/MSIP payments and the supporting documents he provided were carefully considered.  However, there is insufficient evidence to support his claim.  

2.  The OTSG advisory opinion outlines the special pay agreements and payments approved for and made to the applicant.  It also explains the basis for the denial of the 4-year and 3-year agreements the applicant requested.  It further confirms that all special pay agreements approved for the applicant are paid up-to-date.  The applicant has failed to provide evidence to contradict the information contained in 
the OTSG advisory opinion, or that supports his claim of entitlement to additional special pay.  As a result, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  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 provide evidence satisfying this requirement.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MHM_  __ALR __  __LDS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




		____Melvin H. Meyer_____
		        CHAIRPERSON





INDEX

CASE ID
AR20050001509
SUFFIX

RECON

DATE BOARDED
2005/10/27
TYPE OF DISCHARGE
N/A
DATE OF DISCHARGE
N/A
DISCHARGE AUTHORITY
N/A
DISCHARGE REASON
N/A
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.  
128.1600
2.

3.

4.

5.

6.