RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 October 2005
      DOCKET NUMBER:  AR20050005947


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeannette McCants             |     |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 he receive a Multi-year
Incentive Specialty Pay (MISP) and Multi-year Specialty Pay (MSP) contract
for the period 1 July 2004 through 30 June 2006.

2.  The applicant states he is currently covered under a 3-year MISP/MSP
contract that was initiated on 1 October 2002 and is scheduled to end on
30 September 2005.  He requests a discontinuation of that contract and a
renegotiation to a 2-year MISP/MSP contract covering the period 1 July 2004
to 30 June 2006.  The end obligation date of the contract will coincide
with his scheduled retirement from the Army.  He requested information from
the Walter Reed Army Medical Center (WRAMC) Specialty Pay Administrator in
July 2004 regarding renegotiation of his existing 3-year MISP/MSP contract
to a 2-year MISP/MSP contract.  The administrator informed him that the
contract could be renegotiated within one calendar year from the start date
of the new proposed contract (i.e. 1 July 2004).  He contacted the
administrator again in March 2005.  He had confirmed his retirement plans
and wanted to renegotiate the existing MISP/MSP 3-year contract to a new
MISP/MSP 2-year contract.  The administrator contacted a representative at
the Army Medical Department (AMEDD) Special Pay Branch who indicated that
this renegotiation was not possible.  He further contacted the Director of
the AMEDD Special Pay who informed him that the contracts needed to be
initiated and signed within 30 days of the start date of the contract
period.  The Director informed the applicant that he did not have the
authority to renegotiate his contract and advised him to submit an
application to the Army Board for Correction of Military Records.  If he
had known a decision was required within 30 days of the start date of the
contract period, he would have renegotiated the contract in a timely
fashion.

3.  The applicant provides a statement from the WRAMC Specialty Pay Branch
Administrator.

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application to the Army Board
for Correction of Military Records, he was serving on active duty as a
Medical Corps officer in the rank of colonel.

2.  In a 5 April 2005 statement from the WRAMC Specialty Pay Branch
Administrator, she stated she had informed the applicant that he could
renegotiate the contract within one calendar year of the start date of the
new requested MISP/MSP contract (1 July 2004); however, this information
was incorrect.  She stated the regulation requires contracts be signed
within 30 days of the contract initiation period.

3.  In the processing of this case, a staff advisory opinion was obtained
from the Chief of AMEDD Special Pay Branch of the Office of The Surgeon
General.  The opinion states that the applicant's failure to execute the
requested contracts was due to his lack of understanding the special pays
renegotiation process.  There is no evidence of willful fault of the
applicant, but rather improper local counseling.  Payment of these
contracts would be appropriate.  The Chief opined that if approved, the
applicant is eligible to execute a 2-year MSP at $12,000/year and 2-year
MISP at $15,000/year both effective 1 July 2004 through 30 June 2006.

4.  A copy of the advisory opinion was furnished to the applicant for
information and possible comment.  The applicant concurred with the
advisory opinion on
6 July 2005.

5.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a
provide for multi-year 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) 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 MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion points out that the applicant's failure to execute
the requested contracts was due to his lack of understanding the special
pays renegotiation process and there is no evidence of willful fault of the
officer, but rather improper local counseling.

2.  The opinion also points out that, if approved, the applicant is
eligible to execute a 2-year MISP at $15,000/year and a 2-year MSP at
$12,000/year, both effective 1 July 2004 through 30 June 2006.

3.  Based on the foregoing, it is determined that in the interest of
justice the applicant's records should be corrected to show he executed a 2-
year MISP at $15,000/year and a 2-year MSP at $12,000/year, both effective
1 July 2004 through 30 June 2006.

BOARD VOTE:

JM______  JG______  JM______  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:

      a.  by showing he executed a 2-year MISP contract and a 2-year MSP
contract, both effective 1 July 2004 with an obligation through 30 June
2006; and

      b.  by paying him any monies due, if appropriate, based on execution
of the contracts executed in paragraph a, above.




                                  John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005947                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |128.2100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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