IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20070018285
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he receive Medical Additional Special Pay (MASP) and Incentive Special Pay (ISP) effective 1 July 2006.
2. The applicant states he was advised when he graduated from the Air Force Aerospace Medicine Residency that he might be entitled to special pay. However, he was not provided with any specific information on the programs. He was unable to follow-up due to a series of significant medical problems arising in his family and then assignment to Iraq. When he finally was able to get assistance he was told that he should have been notified and provided the necessary information and forms.
3. The applicant provides copies of his certificates of completion of his Master of Public Health, Doctor of Medicine, Family Practice Internship, Residency in Aerospace Medicine, and his Indiana license to practice medicine.
CONSIDERATION OF EVIDENCE:
1. The applicant's iPERMS (Interactive Personnel Electronic Record Management System) is incomplete. It appears the applicant attended the Military Academy at West Point and was commissioned a second lieutenant in 1985.
2. On 12 August 1998, as an Infantry major, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).
3. On 27 March 2002 he was ordered to active duty as a major in the Medical Corps. The record does not contain any documentation as to his date of appointment as a Medical Corps officer.
4. The applicant was awarded a Doctor of Medicine on 25 May 2002 by the University of Texas.
5. He completed a Master in Public Health degree as a part of a residency in Aerospace Medicine on 16 December 2005 and completed the residency in Aerospace Medicine from the United States Air Force School of Aerospace Medicine on 30 June 2006.
6. The applicant was promoted to lieutenant colonel effective 3 November 2007.
7. In the development of this case, on 6 February 2008, an advisory opinion was obtained from the Office of the Surgeon, Chief, Army Medical Department (AMEDD) Special Pay Branch. It is noted that the applicant is currently entitled to and in receipt of MASP and ISP, effective 1 July 2007. The two special pays require an officer to complete and submit the proper forms requesting the pay through his/her chain of command. It is stated that there is no reason that would have precluded the applicant from signing the required special pay agreements at the time he first became eligible and that the failure to execute the agreements appears to be of no fault of the applicant. Therefore, it is recommended that the applicant be paid both MASP in the amount of $15,000.00 for the period 1 July 2006 through 30 June 2007, and ISP in the amount of $13,000.00 for the period
1 October 2006 through 30 September 2007.
8. A copy of the advisory opinion was forwarded to the applicant on 13 February 2008. The record contains no indication that the applicant responded to the advisory opinion within the prescribed time frame.
9. It is noted that although the advisory opinion indicates that the applicant has executed the required forms and is currently in receipt of MASP and ISP, these documents are currently not a part of his iPERMS record.
DISCUSSION AND CONCLUSIONS:
1. The applicant became entitled to receipt of MASP as of 1 July 2006 and ISP as of 1 October 2006. He was not properly advised of and assisted in the execution of the required documentation to commence receipt of these benefits at that time.
2. In concurrence with the AMEDD Special Pay Branch advisory opinion it is appropriate to correct the applicant's records to show that he executed the required agreements for receipt of the special pays and that the agreements were approved by his chain of command.
3. The applicant should be shown to be entitled to MASP in the amount of $15,000.00 for the period 1 July 2006 through 30 June 2007, and to ISP in the amount of $13,000.00 for the period 1 October 2006 through 30 September 2007.
BOARD VOTE:
___X____ ___X____ __X____ 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 showing that the applicant timely executed the appropriate forms and was granted entitlement to MASP in the amount of $15,000.00 for the period 1 July 2006 through 30 June 2007, and to ISP in the amount of $13,000.00 for the period 1 October 2006 through 30 September 2007.
__________X____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070017955
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20070018285
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RECORD OF PROCEEDINGS
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