DOCKET NUMBER:  AR20090002314 


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 his records be corrected to reflect entitlement to Medical Corps Incentive Special Pay (ISP) for the period 1 October 2007 through 30 September 2008.

2.  The applicant states he was deployed to Iraq and was having trouble with his e-mail.  He states he submitted the appropriate request for payment of Medical Corps ISP but the contract was never signed and turned over for payment.  He notes he was informed that it was “to [sic] late to process this payment through Special Pay.”

3.  The applicant provides a request for payment of Medical Corps ISP dated 
17 December 2008, a copy of his medical license, and copies of e-mail traffic noting the requirement for him to petition this Board for retroactive payment of ISP.

CONSIDERATION OF EVIDENCE:

1.  Records available to the Board indicate the applicant was initially commissioned as a second lieutenant in the United States Army Reserve for the purpose of participating in the Armed Forces Health Professions Scholarship Program.  He completed medical training in 2001 and was reappointed, for an indefinite term, as a captain in the Medical Corps in 2001.  He holds a current medical license with the state of Nebraska.


2.  In accordance with his Armed Forces Health Professions Scholarship Program agreement he was ordered to active duty in June 2001 for a period of 
4 years.  Via a series of agreements, the applicant has remained on active duty as a Medical Corps officer.  On 10 June 2007 he was promoted to the rank of major. 

3.  The applicant deployed to Iraq in September 2007 and redeployed in December 2008.

4.  In the processing of this case an advisory opinion was provided by the Chief, Army Medical Department (AMEDD) Special Pay Branch in the Office of The Surgeon General.  The opinion stated that an ISP agreement requires execution and submission by eligible officers through their chain of command for payment.  It stated that officers must execute their agreement no earlier than 90 days, but no later than 30 days from the effective date.  The opinion noted the applicant was, in effect, requesting payment of ISP at $13,000 for the period 1 October 2007 through 30 September 2008 based on executing an agreement while deployed.  The opinion stated that a review of the officer’s military pay file failed to indicate a record of an ISP agreement for the period in question.  However, it was noted that there were ISP agreements recorded and submitted within the correct time frames before and after the missing agreement period.  The opinion recommended payment of $13,000 for the period 1 October 2007 through 
30 September 2008.  The opinion noted the Office of The Surgeon General was precluded from initiating payment because the period of arrears exceeded their authority as granted by the Defense Finance and Accounting Service (DFAS) Indianapolis Center.

5.  The service member was provided an opportunity to comment on the advisory opinion but he did not respond.

6.  Title 37, U. S. Code, section 302, states that an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active for a period of not less than 1 year is entitled to special pay in accordance with this subsection.  Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a (a) an officer may be paid ISP for any 12 month period during which the officer is not undergoing medical internship or initial residency training.  The amount of incentive special pay paid to an officer under this subsection may not exceed $50,000 for any 12 month period.



7.  Section 050301, chapter 5, Volume 7A of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of 0-7, have a current, valid, unrestricted license or approved waiver, have completed specialty qualification before 1 October 2008, and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates the service member met all eligibility requirements for entitlement to ISP commencing on 1 October 2007 except for the execution of the written agreement to remain on active duty for a period of not less than 1 year beginning on the date the service member accepts the award of ISP.  The applicant’s deployment to Iraq during the period he should have executed the written agreement could easily have precluded the proper processing of the agreement and any doubt that he did or did not submit the appropriate agreement should be resolved in his favor.

2.  The advisory opinion confirms the service member was entitled to ISP in the amount of $13,000 for the period 1 October 2007 through 30 September 2008 and his records should be corrected to provide for that payment.

3.  In view of the foregoing, it would be appropriate and in the interest of justice to correct the service member’s records to show that he executed the appropriate written agreement to receive ISP in the amount of $13,000 for the period between 2007 and 2008.

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:

	a.  showing the service member requested payment of ISP in the amount of $13,000 for the period 1 October 2007 through 30 September 2008 in a timely manner, and that his request was approved;

	b.  authorizing ISP in arrears for the period from 1 October 2007 through 
30 September 2008; and

	c.  paying the service member the ISP in arrears for the same period.




      _______ _   _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)                                         AR20090002314





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ABCMR Record of Proceedings (cont)                                         AR20090002314



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