RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 OCTOBER 2005
DOCKET NUMBER: AR20050004002
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. Jessie B. Strickland | |Analyst |
The following members, a quorum, were present:
| |Mr. James Anderholm | |Chairperson |
| |Mr. Jose Martinez | |Member |
| |Ms. LaVerne Douglas | |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 that he be afforded the opportunity to
renegotiate his Incentive Special Pay (ISP) contract to coincide with his
July Medical Additional Special Pay (MASP) contract.
2. The applicant states that he was unaware of the option to renegotiate
the ISP contract upon completion of his fellowship training. He goes on to
state that he was assigned as an Army Medical Department (AMEDD) student
during the Army sponsored civilian fellowship at the University of
Tennessee – Memphis and received no counseling regarding his options. He
was made aware of the renegotiation option during discussion with his
fellowship trained colleagues that were deployed with him to Baghdad, Iraq.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. He was commissioned as a United States Army Reserve (USAR) second
lieutenant on 29 April 1987 and was accepted into the Uniformed Services
University of Health Services (USUHS) Professional Scholarship Program
(USPSP).
2. He graduated from the USUHS and was commissioned as a Regular Army
medical corps captain on 18 May 1991. He was promoted to the rank of major
on 5 April 1997 and to the rank of lieutenant colonel on 5 April 2003.
3. In the processing of this case a staff advisory opinion was obtained
from the AMEDD Special Pay Branch of the Office of the Surgeon General
(OTSG) which opines, in effect, that the applicant was eligible to enter
into a renegotiated 1-year obligatory ISP contract for the period of 1 July
2000 to 30 June 2001, following his fellowship training. The adjustment of
his contract would require a termination of his previous contract and
recoupment of the overlapping amount. His contract would change from a
$29,000 entitlement to a $36,000 entitlement.
4. The advisory opinion was forwarded to the applicant for comment and to
date, no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. Given the available information in this case, it is not reasonable that
the applicant would have declined the opportunity to renegotiate his ISP
contract from $29,000 to $36,000, had he been properly counseled.
2. Accordingly, it is reasonable to presume that he did not receive the
appropriate counseling regarding his eligibility to renegotiate the dates
of his ISP contract (at a higher rate) to coincide with his MASP contract.
3. Therefore, the applicant should be afforded the opportunity to
renegotiate his ISP contract after he has been properly counseled regarding
the aspects of such a renegotiation.
BOARD VOTE:
___JA___ ___JM __ ___LD __ 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
providing the applicant the necessary counseling regarding his options to
renegotiate his ISP contract and that his contract be renegotiated to
coincide with his MASP contract if he so chooses.
____James Anderholm__________________
CHAIRPERSON
INDEX
|CASE ID |AR20050004002 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051025 |
|TYPE OF DISCHARGE |N/A AD (AC) Soldier |
|DATE OF DISCHARGE |N/A AD (AC) Soldier |
|DISCHARGE AUTHORITY |N/A AD (AC) Soldier |
|DISCHARGE REASON |N/A AD (AC) Soldier |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1.299 |128.1600/ISP |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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