RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  13 March 2007
	DOCKET NUMBER:  AR20060008759


	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.  



Acting Director



Analyst


The following members, a quorum, were present:



Chairperson



Member



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 his active duty service obligation (ADSO) date be corrected from 10 April 2009 to 30 September 2006.

2.  The applicant states he signed a Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay (MISP) contract on 25 September 2002 obligating him for 4 years commencing 1 October 2002.  He states his Personnel Office at Walter Reed Army Medical Center (WRAMC), Washington, DC improperly represented him in negotiating a new contract which extended his ADSO to 10 April 2009.

3.  The applicant provides:

	a.  A self-authored memorandum, dated 27 May 2006;

	b.  A "Request for Medical Corps Multi-Year Special Pay," undated, but accepted on 4 October 2002 and approved on 9 October 2002;

	c.  A "Request for Multi-Year Incentive Special Pay Agreement in Conjunction with Multi-Year Special Pay," dated 25 September 2002 and accepted on 4 October 2002 and approved on 9 October 2002;

	d.  Electronic mail, dated in February 2003, requesting his correct ADSO; 

	e.  Electronic mail, dated 27 February 2003, stating his ADSO is 30 September 2006; and

	f.  Electronic mail from the WRAMC Personnel Office to the Army Medical Department (AMEDD) Special Pay Branch, Alexandria, VA, dated 31 October 2002, stating the applicant had agreed to a contract change extending his ADSO to 10 April 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant graduated from the United States Military Academy (USMA) on 27 May 1987.  He incurred a 5-year ADSO.

2.  On 4 August 1987, he applicant entered the Uniformed Services University of Health Sciences (USUHS) to attend a 4-year medical school program.  He was separated from the Regular Army and entered the US Army Reserve in order to 

attend USUHS.  When he graduated from USUHS, he was appointed a Captain, Medical Corps on 18 May 1991.  He incurred a 7-year ADSO for his USUHS attendance.

3.  Following his graduation from USUHS, the applicant completed graduate medical education (GME) in Physical Medicine and incurred a 3-year ADSO.  He is now a Lieutenant Colonel, Medical Corps serving on active duty as Chief, Physical Medicine and Rehabilitation and Medical Director, Amputee Program at WRAMC.

4.  On 1 July 1999, the applicant entered into specialty pay agreements (MSP at $10,000 per year, and MISP at $10,000 per year) which, when combined with his other active duty obligations, established an ADSO of 19 May 2006.

5.  In September 2002, the applicant executed two new 4-year agreements (MSP at $14,000 per year, and MISP at $13,000 per year).  Both agreements were effective from 1 October 2002 through 30 September 2006.  This much is not in dispute.

6.  In early 2003, the applicant sought confirmation of his ADSO date and, on 27 February 2003, he received an e-mail reply from the Chief, Military Personnel Division, WRAMC stating his ADSO was 30 September 2006 [four years from enactment of his specialty pay agreements].

7.  In early 2005, the applicant states he learned of a fellow medical officer who had an incorrect ADSO that required correction.  He again contacted AMEDD Special Pay Branch and received an e-mail stating his ADSO was 10 April 2009. He was provided a copy of a 31 October 2002 e-mail between a personnel analyst in the Office of The Surgeon General (OTSG) and the WRAMC Special Pay Office wherein WRAMC stated the applicant was aware of the adjusted ADSO and concurred with the new date.

8.  The applicant states he never concurred in a change to his ADSO date, nor did he ever negotiate a new agreement which would have changed his ADSO from 30 September 2006.

9.  Multi-Year Special Pay (MSP) is paid annually and requires a two-, three-, or four-year Active Duty agreement.  Payment amounts depend on both the medical officer's specialty and the total number of contract years served, and range from $6,000 to $14,000.  Incentive Special Pay (ISP) is paid annually and is currently authorized for all Army Medical Corps specialties.  This incentive requires a 

written agreement to remain on Active Duty for one year from the agreement effective date.  Depending on an officer's medical specialty, ISP amounts range from $12,000 to $36,000.

10.  In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch, OTSG which states the applicant's 1 October 2002 MSP/MISP agreement erroneously gave him an ADSO of 30 September 2006.  The applicant's ADSO was erroneous because the new agreement was a "renegotiation of a previous...agreement."  The previous agreement had an outstanding ADSO of 2 years, 6 months, and 10 days that had not been served.  This was added to the new agreement's ADSO, making the corrected ADSO 10 April 2009.  The opinion provided two memorandums:  the first from OTSG to the applicant and dated 15 October 2002; and the second from AMEDD Personnel, Alexandria, VA to the applicant and dated 20 July 1999.  The 1999 memorandum notified the applicant that his ADSO date was 19 May 2006 under his 1999 agreement.  The 2002 memorandum advised the applicant that his corrected ADSO date was 10 April 2009.

11.  The advisory opinion suggested three options for the applicant:  (1) accept the current 4-year medical specialty pay agreements and the 10 April 2009 ADSO, (2) accept the current 4-year medical specialty pay agreements and the 10 April 2009 ADSO and, at the completion of the ADSO, submit a request for resignation, or (3) void the current medical specialty pay agreements and revert to the previous agreement with corresponding ADSO of 19 May 2006.

12.  The applicant was provided an opportunity to respond to the advisory opinion and did so in a memorandum dated 22 September 2006.  In his rebuttal, he states, in effect, he was never told that his ADSO of 30 September 2006 was incorrect and required adjustment if his current 4-year medical specialty pay agreements were to remain in effect.  He argues that his "acceptance" of the adjusted ADSO was accomplished by "third parties" not authorized to speak for him.

13.  Army Regulation 601-141 updates provisions of the US Army Health Professions Scholarship Program.  This program is different from the USUHS, but it indicates the ADSO policy for this program as similar to the USUHS program.  This regulation establishes the Army portion of the Armed Forces Health Professions Scholarship Program (10 U.S.C. chap. 105).  Scholarships are available for students in courses at accredited institutions leading to a graduate degree in medicine, osteopathy, veterinary medicine, optometry, psychology (Ph.D. level), or other disciplines designated by The Surgeon 

General.  This regulation specifies “An obligation incurred as a program member is in addition to and cannot be served concurrently with an obligation incurred from any other military program.  Obligations from other military programs (e.g., ROTC, USMA) will be discharged during periods of military GPE beyond the first year.”

DISCUSSION AND CONCLUSIONS:

1.  The applicant is a 1987 USMA graduate and a 1991 USUHS graduate.  He is a Lieutenant Colonel, Medical Corps with over 15 years of creditable service for retired pay purposes.  Throughout his military career, he has traded educational benefits for ADSOs.  As an Army doctor, he has been the recipient of various forms of AMEDD special pay.  He has negotiated MSP and MISP agreements on at least two occasions and has incurred ADSOs for those special pay agreements.

2.  The applicant knew, or should have known, that the medical specialty pay agreements he negotiated carried service obligations in return for the pay incentives received.

3.  The applicant knew, or should have known, upon acceptance at USUHS, his unfulfilled 5-year ADSO based on USMA graduation would be tolled and served consecutively with the ADSO incurred by his participation in the USUHS, and that the 7 year USUHS ADSO would be served in addition to internship/residency training, and that the USUHS ADSO would extend the USMA ADSO.

4.  When the applicant signed his MSP and MISP agreements on 1 October 2002, he was erroneously informed that his ADSO date was 30 September 2006. This date did not account for an obligated, but unfulfilled remaining ADSO of 2 years, 6 months, and 10 days.  His correct ADSO date of 10 April 2009 is not a function of his 2002 MSP and MISP agreements; it is based on an unfulfilled previous ADSO which must be served.

5.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __pms___  __jlp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060008759
SUFFIX

RECON

DATE BOARDED
20070313
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.