RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050014504


      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. Luis Almodova                 |     |Senior 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 payment of Multi-Year Special Pay (MSP).

2.  The applicant states, in effect, he was not provided the opportunity to
execute a two-year MSP contract while assigned as a staff Orthopaedic
Surgeon at Martin Army Community Hospital prior to enrolling in the Army's
Joint and Soft Tissue Trauma Fellowship (now titled the John A. Feagin West
Point Sports Medicine Fellowship).  This would maintain his active duty
service obligation date as 22 June 2011 as his additional Graduate Medical
Education (GME) obligation and MSP obligation would run concurrently

3.  The applicant adds that each medical officer is eligible for specific
pays based on several factors.  It is the requirement of the Special Pays
Section of each Army hospital to counsel medical officers on which special
pays they are entitled to and offer these pays to them.  MSP is available
for those officers willing to incur additional obligations of 2, 3, or 4
years of service.  This obligation is served consecutively to any prior
obligation incurred such as USMA (United States Military Academy), ROTC
(Reserve Officer Training Corps), HPSP (Health Professions Scholarship
Program) or Graduate Medical Education (i.e., Army-sponsored residency or
fellowship training) obligations.  In the case that a medical officer
executes a MSP contract while eligible and then subsequently incurs
additional obligation as a result of Graduate Medical Education training
(i.e. fellowship training), the two obligations are served concurrently.

4.  The applicant asserts that, while assigned as an Orthopaedic Staff
Member at Martin ACH (Army Community Hospital), he was improperly counseled
on this eligibility and therefore was denied the opportunity to execute
this contract which would afford him the ability to serve MSP obligations
of two years concurrently with his GME fellowship obligation of two years.
He requests that he be allowed to retroactively execute a two-year MSP
contract to be in effect prior to the time that he incurred an additional
two year GME obligation for his current fellowship which would allow the
two obligations to be served concurrently.  His Active Duty Service
Obligation date of 22 June 2011 would remain the same.  The AMEDD (Army
Medical Department) Special Pay Branch is a reference for his situation
with regard to his status as a medical officer, the Special Pays Program
that he is subject to, and to his particular eligibility to execute a MSP
contract whose obligation is to be served concurrently with any subsequent
obligation incurred.
5.  The applicant submitted no documentary evidence beyond his statements
which were made on the DD Form 149, Application for Correction of Military
Record, which he submitted to the Board.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he attended the United States
Military Academy, West Point, New York, was awarded a Bachelor of Science
degree in Chemistry and was commissioned a second lieutenant, in the Corps
of Engineers, in 1989.

2.  The applicant served on active duty as a Regular Army officer before
enrolling in the University of Maryland for the purpose of attaining a
degree in medicine.

3.  The applicant earned his degree in general medicine in 1995.

4.  The applicant was commissioned in the US Army Reserve in the Medical
Corps and entered active duty in the rank of captain on 16 June 1995, with
prior commissioned service.  The applicant was promoted to the rank of
major, on 12 November 2000.  He is currently on active duty as a Medical
Corps officer with an active duty service obligation that is scheduled to
expire on 22 April 2011.

5.  The applicant alleges that he was not provided the opportunity to
execute a two-year Multi-Year Special Pay contract while assigned as a
staff Orthopaedic Surgeon at Martin Army Community Hospital prior to
enrolling in the Army's Joint and Soft Tissue Trauma Fellowship (now titled
the John A Feagin West Point Sports Medicine Fellowship).  He requests that
he be allowed to retroactively execute a two-year Multi-Year Special Pay
contract to be in effect prior to the time that he incurred an additional
two year GME obligation for his current fellowship which would allow the
two obligations to be served concurrently.

6.  The applicant's Health Professions Pay Entry Date (HPPED) is 16 June
1995. The applicant has completed 8 years of creditable service from his
established HPPED.

7.  In the processing of this case, an advisory opinion was requested of
the Office of The Surgeon General (OTSG).

8.  On 2 November 2005, the Chief, AMEDD Special Pay Branch, OTSG, provided
an advisory opinion to the Board.

9.  The Chief, AMEDD Special Pay Branch, noted that the applicant is,
"requesting a two-year Multi-year Special Pay (MSP) with linked Multi-year
Incentive Special Pay (MISP) retention bonus effective prior to entering
his fellowship training."

10.  The Chief AMEDD Special Pay Branch points out that in accordance with
Title 37, United States Code, one component of the eligibility criteria for
the MSP retention bonus requires at least eight years of creditable service
from their Health Professions Pay Entry Date (HPPED) –or- has completed any
active duty service commitment incurred for medical education and training.
 In turn, if contractual retention bonus agreements are executed prior to
fellowship training, then the special pay obligation would run concurrent
with the fellowship obligation.

11.  The Chief adds that the officer's active duty training obligation
prior to fellowship training was 20090422, and his HPPED is 19950616.
Based on the eligibility criteria, the officer would be eligible to execute
a MSP retention bonus between 20030616-20030630; based on eight years of
creditable service from his HPPED and prior to entering fellowship training
on 20030701.

12.  The Chief AMEDD Special Pay Branch summarized and opined that:

      a.) the officer met eligibility criteria as outlined above, and would
have been eligible to execute a two-year MSP at $12,000/year and two-year
MISP at $36,000/year effective 20030616-20050615 (or any start date between
20030616-20030630);


      b.) obligation for the two-year MSP would be served 20090423-20110422;
upon completion of the existing training obligation at that time;


      c.) the officer has already received payment of the MISP bonus as an
annual Incentive Special Pay (ISP); therefore,


      d.) only two-year payments of the MSP, at $12,000 per year, would be
required for a total amount due of $24,000.

13.  The Chief AMEDD Special Pay Branch added that since the period of
arrears exceeded the authority granted the OTSG by the Defense Finance and
Accounting Agency (DFAS)-Indianapolis Center, approved payments would need
to be directed to DFAS for disbursement.

14.  The favorable staff opinion from the OTSG was forwarded to the
applicant for his acknowledgment and/or rebuttal on 8 November 2005.  The
applicant concurred with the advisory opinion on 22 December 2005.

DISCUSSION AND CONCLUSIONS:

1.  It appears from the available evidence that the applicant was not
properly advised of his eligibility and the procedural requirements to
execute a MSP contract.

2.  The applicant was not paid the $12,000 per year, for a total of
$24,000, that he would have been entitled to had he been properly advised
of his eligibility and the procedural requirements to receive the MSP.

3.  The applicant has already received payment of the MISP bonus as an
annual Incentive Special Pay (ISP).  The MISP is normally linked to the two-
year Multi-year Special Pay (MSP).

4.  The applicant now requests that he be allowed to retroactively execute
a two year MSP contract, to be effective on a date prior to the time that
he incurred the additional two year GME obligation for his current
fellowship, which would allow the two obligations to be served
concurrently.

5.  The Chief, AMEDD Special Pay Branch, OTSG, has opined that the
applicant is eligible to execute a two year MSP on any start date between
16 June 2003 and 30 June 2003 and that the resulting active duty service
obligation would be served during the period from 23 April 2009 through 22
April 2011.

6.  Since the period of arrears exceeds the authority as granted the OTSG
by the DFAS-Indianapolis Center, authority to execute a retroactive
contract for MSP must be approved by this Board and the DFAS directed to
make the disbursement.

7.  In view of the facts, and equity considerations in this case, the
applicant is entitled to execute a retroactive two year MSP contract for
MSP and payment in arrears of $24,000 MSP, for the period 16 June 2003
through 15 June 2005.

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

      a.  authorizing the applicant to execute a two-year MSP contract for
the period from 16 June 2003 through 15 June 2005; and

      b.  processing the approved contract through the AMEDD Special Pay
Branch, OTSG, to DFAS-Indianapolis Center, for payment of the $24,000 due
the applicant, in arrears, as a result of these Proceedings.




                                  __Kenneth L. Wright__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014504                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  283  |128.0000                                |
|2.   297                |128.1400                                |
|3.   299                |128.1600                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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