RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2007
DOCKET NUMBER: AR20070010169
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Larry C. Bergquist | |Member |
| |Mr. Dale E. DeBruler | |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, payment of medical incentive special
pay (ISP) for 2004 and 2005.
2. The applicant states, in effect, that as a result of an administrative
error, his medical ISP contracts were not renewed for 2004 and 2005. He
claims it was his desire to and he in fact did complete the contracts for
those years. He states that as part of the smallest laboratory in the
Medical Research and Material Command, there is no specialist in medical
incentive pay and the task of contract preparation historically fell to his
secretary and as a result of a turnover in that position, all experience
related to medical ISP was lost. He further states that this situation was
complicated by the simultaneous downsizing of the Fort Rucker, Alabama,
hospital to a clinic and the turnover of the incentive pay expert at that
command. He now requests that he be allowed to apply for and receive
medical ISP for those periods retroactively.
3. The applicant provides self-authored memoranda in support of his
application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty as a Medical Corps
(MC) officer in the rank of colonel (COL), serving in Specialty 61N
(Aerospace Medicine) at the Medical Research and Material Command, Fort
Rucker, Alabama.
2. The applicant submits a memoranda requesting medical ISP for 2004 and
2005. In it, he confirms he will engage in the practice of his specialty
(61N), for which the award is made, for a sufficient time to fully maintain
his professional skills in that specialty.
3. In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Army Medical Department (AMEDD), Special Pay
Branch, Office of The Surgeon General (OTSG). This official states that in
order to correct the situation outlined by the applicant within the
established policies and procedures, he recommends payment of the
outstanding ISP agreements at $12,000 per year for the period 1 October
2004 through 30 September 2005 and $13,000 per year for the period 10 (sic)
October 2005 through 30 September 2006. He further states that no other
agreements or payments are affected by this action.
4. On 9 September 2007, the applicant concurred with the OTSG advisory
opinion.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant is a medical officer
(Colonel, Medical Corps) serving on active duty and was eligible to enter
into medical ISP contracts for service in specialty 61N (Aerospace
Medicine) during the years 2004 and 2005.
2. The Chief, AMEDD Special Pay Branch, OTSG advises the applicant's
record should be corrected to show he entered into valid medical ISP
contracts for the period 1 October 2004 through 30 September 2005 at
$12,000 per year and the period 1 October 2005 through 30 September 2006 at
$13,000 per year, and recommends the applicant be paid for these
outstanding ISP agreements.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__MKP __ __LCB __ __DED__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
unanimously determined during their review that the evidence presented was
insufficient to warrant a recommendation for relief. It was the
applicant’s responsibility to timely execute the Incentive Special Pay
agreements no earlier than 90 days, but no later than 30 days from the
effective date. There is no equitable reason to grant the applicant
Incentive Special Pay to cover period of time in the past. There also
appears to be no valid reason for the failure to timely prepare and execute
the Incentive Special Pay agreements.
2. Therefore, the Board recommends that the applicant’s request for
payment of medical incentive special pay for 2004 and 2005 be denied.
_____Margaret K. Patterson___
CHAIRPERSON
INDEX
|CASE ID |AR20070010169 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2007/11/15 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |Deny |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |128.1700 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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