IN THE CASE OF:
BOARD DATE: 21 April 2009
DOCKET NUMBER: AR20080010014
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, in effect, retroactive payment of Medical Corps Incentive Special Pay (ISP) for the periods covering 1 October 2005 to 30 September 2006 and from1 October 2006 to 30 September 2007 in the amount of $14,000.00 per year.
2. The applicant states that the pay records show he was paid Medical Additional Special Pay (MASP) for the period from 2004 through the present, but that his ISP has not been paid since 2004. He contends that he had been relying on the special pay personnel to inform him of any needed paperwork for these benefits. Due to his wife's deployments, he was caring for two small children and became distracted.
3. The applicant provides copies of his ISP agreements for the periods beginning on 1 October 2005 and 1 October 2006 in support of his application. Both agreements are dated 30 May 2008.
CONSIDERATION OF EVIDENCE:
1. At the time of the application, the applicant was serving on active duty as a colonel, Medical Corps.
2. In the processing of this case a staff advisory opinion was requested from the Special Pay Branch of the Office of the Surgeon General (OTSG). However, no opinion was received. In the past, the OTSG has opined that applicants must bear responsibility for the execution and submission of such agreements. Nevertheless, the OTSG has usually recommended approval of the requested relief. Furthermore, the OTSG has previously noted their inability to pay past due amounts because of Defense Finance and Accounting Service policy and procedure limitations.
3. The applicant has provided copies of his ISP agreements for the years beginning on 1 October 2005 and 1 October 2006. Each agreement has been approved by the Commander, Walter Reed Army Institute of Research, and indicates an ISP payable in a lump sum for each year in the amount of $14,000.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he was distracted with the caring of two small children and did not discover the error of non-payment of ISP until recently.
2. 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 showing that he executed an ISP agreement in a timely manner.
3. The available evidence clearly shows that the applicant was authorized to submit an agreement for ISP for the years in question. It is not reasonable to presume that a rational person would intentionally overlook submitting an ISP agreement and thereby lose the opportunity to be paid $14,000.00 per year for performing a service that he would otherwise have to accomplish whether he received the pay or not. Therefore, it would be unjust to deprive him of this benefit.
4. In view of the foregoing, the applicant's records should be corrected as recommended below.
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 submitted his ISP agreements in a timely manner and auditing his military pay account and paying him any monies owed as a result of his approved ISP agreements for the periods from 1 October 2005 to 30 September 2006 and for 1 October 2006 to 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) AR20080010014
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