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ARMY | BCMR | CY2005 | 20050003034C070206
Original file (20050003034C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 September 2005
      DOCKET NUMBER:  AR20050003034


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Bernard P. Ingold             |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, retroactive award of Incentive
Special Pay (ISP) for fiscal year 2002.

2.  The applicant states that after graduating from the Tripler Army
Medical Center, Diagnostic Radiology Residency Program, in July 2002, he
began a two-year, Army-sponsored, civilian training program, in pediatric
radiology.  During this time he was on active duty and attached to the Army
Medical Department (AMEDD) Student Detachment at Ft. Sam Houston, Texas.
In October 2002, he noticed that he did not receive the ISP he was supposed
to receive that month.  In July 2004, he was advised to complete a DD Form
149 (Application for Correction of Military Record) and submit it to the
Board to correct this matter.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records were not submitted to the Board.
Information herein was obtained from the advisory opinion rendered by the
Chief, AMEDD Special Pay Branch, Falls Church, Virginia, that shows the
applicant was not properly advised of the procedural requirements to
execute an ISP contract for payment and he was eligible for ISP for the
period 1 October 2002 through 30 September 2003, at the fiscal year rate of
$36,000 per year.

2.  The Chief, AMEDD Special Pay Branch, Office of The Surgeon General,
expressed the opinion that the ISP contract required execution and
submission by the officer through their chain of command for payment.
Officers must execute their contract no earlier than 90-days, but no
later than 30-days from the effective date.  After that period, the date
of the signature becomes the new effective date.  The applicant is
requesting payment of the ISP for the period first eligible, 90-days
post Diagnostic Radiology residency graduation, effective 1 October 2002
through 30 September 2003, at the fiscal year 2003 rate of $36,000 per
year.  A review of the officer's military pay file indicated no record of
any other ISP contract submissions for this period.  It appears, the
Chief stated, that as a new ISP recipient, the officer was not advised of
the procedural requirements to execute the contract for payment.  The
opinion recommended payment of the outstanding ISP of $36,000 effective 1
October 2002 through 30 September 2003, with presentation of submitted
contract to this Board for the period requested.
3.  The opinion was forwarded to the applicant for acknowledgement and
possible rebuttal on 22 April 2005.  He concurred with the opinion on 2 May
2005.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was not properly advised of the
procedural requirements to execute the ISP contract for payment.

2.  In view of the facts in this case, the applicant is entitled to payment
of $36,000 ISP for the period 1 October 2002 through 30 September 2003.

3.  In view of the foregoing, the applicant's records should be corrected
as recommended below.

BOARD VOTE:

_JA_____  ___BI___  _MF_____  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
awarding him payment of Incentive Special Pay of $36,000 for the period
1 October 2002 through 30 September 2003.




                                  _James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003034                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |22 September 2005                       |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |128.00                                  |
|2.                      |128.01                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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