IN THE CASE OF:
BOARD DATE: 13 August 2009
DOCKET NUMBER: AR20090006074
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 year 2008.
2. The applicant states that his ISP was not paid for the year 2008.
3. The applicant provides a memorandum requesting ISP pay for the year 2008.
CONSIDERATION OF EVIDENCE:
1. Records available to the Board indicate the applicant was initially commissioned as a second lieutenant in the U.S. Army Reserve (USAR) for the purpose of participating in the Armed Forces Health Professions Scholarship Program. He completed medical training in 2004 and he was reappointed, for an indefinite term, as a captain in the Medical Corps. He holds a current medical license with the state of Pennsylvania.
2. In accordance with his Armed Forces Health Professions Scholarship Program agreement he was ordered to active duty in October 2007 for a period of 4 years.
3. The applicant submitted a copy of a memorandum to the Chief, Special Pay Branch, Office of the Surgeon General, Alexandria, Virginia requesting ISP.
4. In the processing of this case, on 1 May 2009, 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 9 October 2007 through 8 October 2008 and to align the first executed ISP agreement effective 1 October 2009 on the same cycle. The opinion stated that a review of the officerÂ’s military pay account failed to indicate a record of an ISP agreement for the period in question. The opinion noted that it appeared the applicant was not advised properly of his eligibility to execute the ISP agreement and in turn he failed to receive the ISP agreement for execution until 1 October 2009. The opinion recommended payment of $13,000 for the period 9 October 2007 through 8 October 2008 and to align current ISP agreement effective 1 January 2009 to 31 December 2009 in the amount of $20,000 a year to an effective date of 9 October 2008 to 8 October 2009. Payment has already been disbursed for this period. The next ISP agreement will be effective 9 October 2009. The opinion further 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. On 11 May 2009, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or rebuttal. On 15 May 2009, the applicant concurred with the information contained in the advisory opinion.
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 applicant was eligible for ISP commencing on 9 October 2007, but was not advised properly of his eligibility to execute the ISP agreement and in turn he failed to receive the ISP agreement for execution until 1 October 2009.
2. The advisory opinion confirms the applicant was entitled to ISP in the amount of $13,000 for the period 9 October 2007 through 8 October 2008. Therefore, the applicant's 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 applicant's records to show that he executed the appropriate written agreement to receive ISP in the amount of $13,000 for the period 9 October 2007 through 8 October 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 applicant requested payment of ISP in the amount of $13,000 for the period 9 October 2007 through 8 October 2008 and that it was timely received and processed;
b. authorizing ISP in arrears for the period from 9 October 2007 through
8 October 2008;
c. paying the applicant the ISP in arrears for the same period; and
d. aligning the current ISP agreement effective 1 January 2009 to
31 December 2009 in the amount of $20,000 a year to an effective date of
9 October 2008 to 8 October 2009, for which the payment for this period has already been disbursed.
__________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) AR20090006074
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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