IN THE CASE OF:	

		BOARD DATE:	  2 March 2010

		DOCKET NUMBER:  AR20090010726 


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, that her military records be corrected to show she signed her initial Incentive Specialty Pay (ISP) agreement on a 15 August cycle.

2.  The applicant states, in effect, that her final 12-month ISP agreement will require her to extend beyond her ETS date of 15 August 2010.  She contends that she was misinformed by the finance personnel at Fort Benning regarding when she could sign her initial ISP agreement and that they told her she could not sign for her initial ISP agreement until December 2006.  She claims that this erroneous information started the cascade of her signing her ISP agreements late and that she signed ISP agreements in December 2006, April 2008, and December 2008.  She points out this was no fault of her own and that she still has one final ISP agreement to sign (December 2009), but it will extend her ETS date.

3.  The applicant provides three ISP agreements in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of major as a Medical Corps officer.

2.  Records show the applicant executed ISP agreements on 15 December 2006, 15 December 2007, and 15 December 2008.

3.  Records at the Army Medical Department (AMEDD) Special Pay Branch reveal the last ISP agreement processed by its office was dated 15 December 2008.  These records also show the applicant's obligation end date is 15 August 2010.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch of the Office of the Surgeon General.  The opinion points out that Title 37, U.S. Code, section 302(b), indicates that ISP must be for a 12-month period and the ISP agreement is first authorized for physicians to execute 90-days post graduation from their initial residency training program.  Officers must execute their agreement no earlier than 90 days but no later than 30 days from agreement effective date.  After that period, the date of signature becomes the new effective date.

5.  The advisory opinion states that a review of the applicant’s personnel and pay files indicate she graduated from her initial residency training program on 15 August 2006 and executed her first ISP agreement on 15 December 2006.  The earliest the applicant could have signed the ISP agreement was 15 November 2006 which would still produce a 3-month extension beyond her ETS based on her training obligation.  Since the law requires the ISP agreement to be for a 12-month period, there is no authority for the applicant to receive her ISP payment and not have her obligation extended beyond her current training obligation date of 15 August 2010.  

6.  The advisory opinion presented the following options:  (1) the applicant has the option not to execute her last voluntary obligatory 12-month ISP agreement on 15 December 2009 and in turn, forego payment and ETS on her current training obligation end date of 15 August 2010; (2) the applicant has the option to execute her last voluntary obligatory 12-month ISP agreement on 15 December 2009, receive payment, and extend 4-months beyond her current training obligation date of 15 August 2010 and ETS on 14 December 2010; or (3) upon board action to adjust ISP anniversary date to a 15 November cycle, the applicant may execute her last voluntary obligatory 12-month ISP agreement on 15 November 2009, receive payment, and extend 3 months beyond her current training obligation date of 15 August 2010 and ETS on 14 November 2010.  In turn, there would be a prorated recoupment of 1 month for the overlap period of ISP agreements.

7.  On 19 August 2009, the advisory opinion was furnished to the applicant for comment.  She did not respond within the given time frame.

8.  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) Medical Additional Special Pay 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 one year active duty obligation that may be served concurrently with all other obligations; and (5) Multiyear Special Pay 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 specialty.  This pay is authorized concurrently with Medical Additional Special Pay and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion states that the applicant graduated from her initial residency training program on 15 August 2006, that she executed her first ISP agreement on 15 December 2006, and that the earliest she could have signed the ISP agreement was 15 November 2006.

2.  Evidence of record shows the applicant executed her last ISP agreement on 15 December 2008 which expired on 14 December 2009.  There is no evidence of record which shows she executed an ISP agreement on 15 December 2009.

3.  Evidence of record also shows the applicant's obligation end date is 15 August 2010.

4.  The law requires the ISP agreement to be for a 12-month period.  Therefore, there is no authority for the applicant to receive her final ISP payment and not have her obligation extended beyond her current obligation end date of 15 August 2010, either by 4 months under her current, December cycle ISP agreement or by 3 months, if she requested the Board to change her cycle to the earliest possible, November cycle.  Since the applicant did not respond to the advisory opinion indicating she concurred with a November cycle, there is no basis for granting the applicant's request.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090010726



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ABCMR Record of Proceedings (cont)                                         AR20090010726



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