BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090007312
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, payment of multi-year specialty pay (MSP) of $20,000 beginning on 1 October 2008.
2. The applicant states, in effect, that when he attempted to sign for an MSP in October 2008, he was mistakenly informed that he was not eligible to receive this pay. He also states that he was recently informed that he was eligible to receive MSP in October 2008 and to apply to this Board for the appropriate relief.
3. The applicant provided no evidentiary documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that after having prior service in the Reserve Component (RC), he was appointed a captain in the Medical Corps (MC) and he entered active duty in that status on 10 June 2002. It further shows that as of the date of his application to the Board, he was serving on active duty, in the rank of major (MAJ), as the Battalion Surgeon for Headquarters Support Company, 3rd Battalion, 5th Special Forces Group, Fort Campbell, KY.
2. In connection with the processing of this case, on 23 September 2009, an advisory opinion was received from the Chief, Army Medical Department
(AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG). That office states the applicant erroneously requested payment of a $20,000 MSP retroactive to October 2008 and that he should have requested a $20,000 a year Incentive Specialty Pay (ISP) retroactive to 1 October 2008, based on his stated improper counseling by the local supporting military personnel office.
3. The advisory official further stated that a review of the applicants military pay file contains no record of an ISP agreement being received from the command for the requested period of 1 October 2008 through 30 September 2009. However, his file contained a four-year $38,000 per year MSP and linked $20,000 a year Multi-year ISP (MISP) agreement recorded and paid for the period 1 July 2009 30 June 2013. Thus, that office recommended that the applicant be paid a prorated payment of the outstanding ISP at the annual rate of $20,000 a year effective 1 October 2008 through 30 June 2008 [sic] (This date should be 30 June 2009). The Chief further provided that the prorated amount due the applicant is approximately $15,000.00.
4. On 24 September 2009, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid $20,000 MSP beginning 1 October 2008 because he was initially misinformed that he was not eligible for this incentive was carefully considered. There is sufficient evidence to support granting a portion of the requested relief in this case.
2. The evidence in this case includes an advisory opinion rendered by the OTSG that confirms the applicant was not entitled to receive a $20,000 a year MSP retroactive to 1 October 2008; however, he was eligible to execute an MSP and linked MISP contract on 1 October 2008, contrary to the advice he initially received. The evidence of record also confirms that the applicant currently has an MSP and linked MISP contract on file for the period 1 July 2009 through 30 June 2013. Therefore, in the interest of justice, it would be equitable to show the applicant requested ISP to be effective 1 October 2008 and to pay him a prorated payment of the ISP through 30 June 2009 based on his current agreement on file.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___x____ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he signed for the ISP on 1 October 2008 and that he be paid a prorated portion of ISP through 30 June 2009 based on his current agreement on file, in the amount as determined by the Defense Finance and Accounting Service.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to paying the applicant Multi-year Specialty Pay in the amount of $20,000.
__________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) AR20090007312
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