RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 26 October 2005
DOCKET NUMBER: AR20050011720
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. James E. Vick | |Chairperson |
| |Mr. Conrad V. Meyer | |Member |
| |Ms. Linda M. Barker | |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 records be corrected to
show he renegotiated his Incentive Special Pay (ISP) contract.
2. The applicant states that, when he completed his medical subspecialty
training in 2004, he was told he needed to have over 7 years of active
service before his contract could be renegotiated to receive the ISP in
July with his other specialty pay. He recently discovered the adjustment
should have been made when he completed his training.
3. The applicant provides no supporting evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a Captain in the U. S. Army Reserve,
Medical Corps, on or about 6 June 1998 and was awarded a specialty of
internist. He completed training as a gastroenterologist in June 2004.
2. In the processing of this case, an advisory opinion was obtained from
the Army Medical Department Special Pay Branch. That office noted the
applicant had an existing ISP contract (1 October 2003 through 30 September
2004) in the amount of $14,000 per year. He was eligible to enter into a
renegotiated one-year obligatory ISP contract effective 1 July 2004 through
30 June 2005 in the amount of $26,000 per year, post fellowship training
[in gastroenterology]. He was paid the higher rate ISP contract
effective 1 October 2004 through 30 September 2005. That office
recommended the applicant's ISP contract effective 1 October 2003 be
terminated with a prorated recoupment of the overlapping period (1 July
2004 through 30 September 2004) in the amount of $3,500 prior to tax
adjustment.
3. A copy of the advisory opinion was provided to the applicant. He did
not respond within the time frame given.
DISCUSSION AND CONCLUSIONS:
1. The applicant had executed an ISP contract effective 1 October 2003
through 30 September 2004 for $14,000 per year. When he completed
gastroenterology training in June 2004, he would have been eligible to
renegotiate his ISP contract effective 1 July 2004 through 30 June 2005 for
a rate of $26,000 per year. It appears he was erroneously informed he
could not renegotiate his contract at that time.
2. In accordance with the advisory opinion, it would be equitable to
correct the applicant's records to show he renegotiated his ISP contract
effective 1 July 2004. A prorated recoupment of the overlapping period (1
July 2004 through 30 September 2004) in the amount of $3,500 prior to
tax adjustment will be required.
BOARD VOTE:
__jev___ __cvm___ __lmb___ 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. terminating his ISP contract effective 1 October 2003 through
30 September 2004; and
b. showing he renegotiated his ISP contract effective 1 July 2004
through 30 June 2005. A prorated recoupment of the overlapping period
(1 July 2004 through 30 September 2004) in the amount of $3,500 prior to
tax adjustment will be required.
__James E. Vick_______
CHAIRPERSON
INDEX
|CASE ID |AR20050011720 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20051026 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |128.17 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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