IN THE CASE OF:	  

		BOARD DATE:	  2 February 2010

		DOCKET NUMBER:  AR20090008337 


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 Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) for the period covering 1 July 2007 to 30 June 2011.

2.  The applicant states, in effect, that he extended his active duty obligation (ADO) beginning 1 July 2007 to 30 June 2010.  He petitioned the finance office at that time to enroll in the MSP and was informed that it was not an option.  Several of his peers of late were in the same situation, but were granted the MSP option.  The applicant states that he believes that he is qualified for the MSP.

3.  The applicant provides:

	a.  a U.S. Army Human Resources Command (USAHRC) memorandum, dated 30 January 2004;

	b.  an American Board of Internal Medicine memorandum, dated 13 October 2004;

	c.  a Medical Operational Data System ADO Worksheet, dated 16 January 2007;

	d.  an Office of the Surgeon General (OTSG) memorandum, subject:  Training Agreement for Army Graduate Medical Education (GME), dated 29 January 2007;

	e.  USAHRC Orders Number 136-030, dated 6 May 2007;

	f.  an OTSG memorandum, subject:  Request for Medical Additional Special Pay (MASP), dated 3 June 2008;

	g.  a DA Form 67-9 (Officer Evaluation Report) for the period 8 March 2008 through 15 September 2008; and 

   h.  an OTSG memorandum, subject:  Request for Medical Corps Incentive Pay (ISP), dated 24 September 2008.

CONSIDERATION OF EVIDENCE:

1.  The available records show that the applicant is a Medical Corps major.  His previous active duty service obligation (ADSO) expired 20 June 2007.

2.  An OTSG memorandum, dated 29 January 2007, shows that applicant accepted an agreement for GME in gastroenterology [fellowship program] at Brook Army Medical Center, Fort Sam Houston, Texas, beginning 1 July 2007 and scheduled to be completed 30 June 2010.  The applicant agreed if he successfully completed his training by 30 June 2010, his revised ADSO would expire 30 June 2013.

3.  An OTSG memorandum, dated 3 June 2008, shows that applicant was authorized MASP in the amount of $15,000.00 in a one-time lump sum effective 1 July 2008.

4.  An OTSG memorandum, dated 24 September 2008 ,shows that applicant was authorized ISP in the amount of $20,000.00 in a one-time lump sum effective 1 October 2008.

5.  There is no evidence in the applicant's military records that shows he was authorized MSP in the amount of $25,000.00 or MISP in the amount of $15,000.00 for the period 1 July 2007 to 30 June 2011.

6.  In the processing of this case, a staff advisory opinion was obtained from the Special Pay Branch of the OTSG.  The OTSG opined, in effect, that the applicant wanted to enter into a 4-year MSP and linked MISP prior to entry into his fellowship program.  Based on the documentation reviewed, the applicant was eligible to execute an initial 4-year MSP and linked MISP as of 18 June 2007 or any date thereafter up to his fellowship start date.  The OTSG further opined, although the applicant must bear responsibility for his agreement execution and submission, this delay in executing the agreements was due to no fault of the applicant, but was due to him being incorrectly notified of his eligibility by his command military personnel office.

7.  The OTSG stated that the applicant is eligible to execute the retroactive 
4-year MSP at $25,000.00 a year with linked MISP at $14,000.00 a year effective 1 July 2009 to 30 June 2013.  The 4-year obligation would be served concurrently with the GME obligation, both expiring 30 June 2013.  The OTSG further stated that recoupment of $6,000 would be required from his existing ISP effective 1 October 2008 to 30 September 2009 for the period of agreement overlap, "{ISP $20K minus MISP $14K = $6K recoup}."

8.  On 23 June 2009, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal.  The applicant concurred with the advisory opinion on 12 August 2009.

9.  On 13 January 2010, a Board analyst contacted the OTSG in reference to the 4-year obligation period of the applicant's MSP and linked MISP of 1 July 2009 to 30 June 2013.  The OTSG confirmed that the period in the advisory opinion was incorrect and should be corrected to read "1 July 2007 to 30 June 2011."  On 13 January 2010, the applicant concurred with the change of period.

10.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces.  For Army Medical Corps officers (physicians), these special pays are:  (1) Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty; (2) Board Certification Pay which is paid monthly to all board certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; (3) MASP which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations; (4) ISP which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations; and (5) MSP which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialties.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion points out that the applicant's failure to execute the requested contracts was due to his lack of understanding the special pays renegotiation process and there is no evidence of willful fault of the officer, but rather improper local counseling.

2.  Therefore, the Board concurs with the opinion of the OTSG that the applicant should be entitled to enter into a retroactive 4-year MSP at $25,000.00 a year and a 4-year MISP at $14,000.00 a year, both effective 1 July 2007 through 30 June 2011, with retroactive payments

3.  Award of the MISP will cause an overlapping payment period with the ISP resulting in the need for a prorated recoupment of ISP payments.

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:

	a.  showing he was eligible to receive MSP for the period 1 July 2007 to 30 June 2011,

	b.  showing he was also eligible to receive MISP for the period 1 July 2007 to 30 June 2011,

	c.  paying him all back pay that may be due as a result of this correction, and
      

	d.  recouping overlapping ISP payments on a prorated basis to correspond to the dates of the new MISP contract 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)                                         AR20090008337



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ABCMR Record of Proceedings (cont)                                         AR20090008337



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