IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080008312
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 correction of his records to show that he was entitled to MASP (Medical Additional Special Pay), effective 1 January 2007, in the amount of $15,000.00 and ISP (Incentive Special Pay) effective 1 April 2007, in the amount of $14,000.00.
2. The applicant states, in effect, that the above contracts were not signed due to the fact he was undergoing a medical evaluation board/physical evaluation board (MEB/PEB) due to illness. In the event he was to be found physically or medically unfit for duty, an involuntary discharge would have been ordered and therefore the partial or total refund of the above mentioned incentive pays would also have been warranted. In order to avoid undue financial burden, it was advised that he wait until the MEB/PEB board decision before considering signing the contracts. He states the MEB/PEB proceedings started in about November 2006 and lasted until July 2007. In July 2007, the MEB/PEB found him fit for duty. He never stopped working as a medical officer during the six months or so that he was undergoing MEB/PEB board proceedings. Hence, he requested to retroactively sign the contracts for the incentive pay to which he was entitled to then, and for the fact he was still on active duty and serving as a medical officer without interruption.
3. The applicant provides a copy of a memorandum from the United States Army Physical Disability Agency (USAPDA) and a copy of a memorandum from the Brooke Army Medical Center (BAMC) in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants military records show he was appointed as a Reserve commissioned officer in the rank of captain (CPT/O-3) on 9 June 1999, in the Medical Corps (MC). He was promoted to major (MAJ/O-4) effective 1 October 2005. He is currently serving on active duty (AD) at Fort Sill, Oklahoma.
2. The applicant provided a copy of a memorandum from the USAPDA, Walter Reed Army Medical Center, Chief, Operations Division, dated 10 July 2007, to BAMC, Fort Sam Houston, Texas, Subject: Approval of the PEB. The PDA approved the applicant's PEB. He was determined fit for active duty and that he should be returned to duty. He was found physically fit to perform the duties of his office, grade, rank, and MOS (military occupational specialty) and was deployable within the limitations of his profile.
3. In the processing of this case an advisory opinion was provided by the Chief, AMEDD (Army Medical Department) Special Pay Branch, Office of the Surgeon General (OTSG). The opinion states that the applicant was requesting payment of his MASP agreement at $15,000/year for the period 1 January 2007 through 31 December 2007 and payment of his ISP agreement at $14,000/year for the period 1 April 2007 through 31 March 2008. A review of the applicant's military pay account indicated no record of any ISP agreement submitted or paid for the period being requested; however, payment was released for the MASP agreement requested in the petition. The opinion continued that, it appears that the officer was wrongfully advised against executing the agreements pending the outcome of his MEB and possible separation from active duty with a potential prorated recoupment of any unserved pay obligation. The failure to execute the agreements appears of no fault of the applicant. The AMEDD Special Branch Chief recommended the applicant be paid the ISP agreement at $14,000.00 effective 1 April 2007 to 31 March 2008.
4. The opinion was forwarded to the applicant for his acknowledgement on 15 July 2008 and he concurred with the opinion on the same date.
5. The AMEDD Special Pay Branch informed a staff member of the Board that the applicant was paid on 7 February 2007 for the MASP agreement at $15,000.00 for the period 1 January 2007 through 31 December 2007.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant's PEB was approved and he was determined fit for active duty. He was found physically fit to perform the duties of his office, grade, rank, and MOS and was deployable within the limitations of his profile.
2. The OTSG opined that the applicant's military personnel file indicated no reason that would have precluded him from signing the special pay agreements. He was wrongfully advised against executing the agreements pending the outcome of his MEB/PEB and possible separation from active duty with a potential prorated recoupment of any unserved special pay obligation. Payment was released on 7 February 2007 for the MASP agreement at $15,000.00, for the period 1 January 2007 through 31 December 2007, and therefore, this issue will not be discussed further in this Record of Proceedings.
3. The evidence shows the applicant was fully eligible for entitlement to an ISP agreement for $14,000.00/year for the period 1 April 2007 through 31 March 2008, and based on the fact the applicant continued to serve as a medical officer without interruption and further based on support from the OTSG, he should be paid the requested ISP.
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 he was entitled to receive a one-year obligatory ISP contract for $14,000/year effective 1 April 2007 through 31 March 2008.
_______ _ 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) AR20080008312
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