RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050011764


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 she receive annual Incentive
Special Pay (ISP) for the period 1 January 2004 to 31 December 2004.

2.  The applicant states, in effect, that a contract for ISP for the year
2004 was not appropriately executed at the termination of her status on
medical hold.  She adds that this fact did not become apparent until she
executed the current contract for this year's (i.e., 2005) ISP.  The
applicant adds that she remained credentialed as an ophthalmologist from
2000 through 2005.

3.  The applicant provides a copy of her current ISP contract, dated 1
January 2005; and Headquarters, U.S. Army Medical Department Activity, Fort
George
G. Meade, Maryland, memorandum, dated 29 September 2005, in support of her
application.

CONSIDERATION OF EVIDENCE:

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

2.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Army Medical Department, Special Pay Branch, Office of The
Surgeon General, Falls Church, Virginia, dated 22 September 2005.  The
opinion points out that a review of the applicant's military pay file
indicates that she executed and was paid ISP at $28,000/year effective 1
January 2003 through
31 December 2002 (sic) and 1 January 2005 through 31 December 2005;
however, there is no record of any ISP contract submission for 2004.
(Note:
On 16 December 2005, coordination was made with the official that issued
the advisory opinion, who verified the correct through date as "31 December
2003".)

3.  The advisory opinion points out that policy states that the ISP
agreement requires execution and submission by the officer, through their
chain of command, for payment.  Officers may keep their agreement
anniversary effective dates as long as the agreement is signed no earlier
than 90 days, but no later than 30 days from effective date.  After that
period, date of signature becomes the new effective date.

4.  The advisory opinion states that a review of the applicant's case
indicates that she was physically unable to avail herself to execute the
ISP agreement and then pending medical evaluation board determination of
her retention on active duty, her contract was not provided for execution.

5.  On 28 September 2005, a copy of the advisory opinion was furnished to
the applicant for comment.  The applicant responded by providing a copy of
her current ISP contract, dated 1 January 2005; and Headquarters, U.S. Army
Medical Department Activity, Fort George G. Meade, Maryland, memorandum,
dated 29 September 2005.

6.  On 29 September 2005, the lieutenant colonel serving as Chairman,
Credentials Committee, Deputy Commander for Clinical Services, U.S. Army
Medical Department Activity, Fort George G. Meade, Maryland, verified that
the applicant was credentialed as an ophthalmologist during the years 2000
through the current year (i.e., 2005) at Kimbrough Ambulatory Care Center,
Fort George G. Meade, Maryland.

7.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a
provide for multiyear 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) Multiyear Special Pay (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 evidence of record shows the applicant executed the appropriate
contracts and was paid annual ISP at $28,000/year, effective 1 January 2003
and again on 1 January 2005.  However, there is no record of an ISP
contract submission for 1 January 2004.

2.  By law, an ISP contract requires execution and submission by the
officer, through their chain of command, for payment.  However, the
evidence of record shows that the applicant was physically unable to avail
herself to execute the ISP agreement and then pending medical evaluation
board determination of her retention on active duty, her contract was not
provided for execution.

3.  The evidence of record shows that the applicant remained credentialed
as an ophthalmologist at the U.S. Army Medical Department Activity, Fort
George
G. Meade, Maryland, from 2000 through 2005, which includes the period of
time in question in this case.

4.  The advisory opinion states that the applicant should be authorized the
annual ISP contractual agreement at $28,000/year, effective 1 January 2004
through
31 December 2004, for her time serving as an ophthalmologist.

5.  Based on the foregoing, it is determined that in the interest of
justice the applicant is entitled to ISP for the period 1 January 2004
through 31 December 2004.  Therefore, her records should be corrected to
show entitlement to this special pay.

BOARD VOTE:

__KLW__  __DED __  __QAS __  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 issuing her an ISP contract effective 1 January 2004, with an
obligation through 31 December 2004; and

      b.  by paying her any monies due, if appropriate, based on execution
of the contract specified in paragraph a, above.




                                  ___KENNETH L. WRIGHT___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011764                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|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. Chun                                |
|ISSUES         1.       |128.1700.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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