IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090013196
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 payment of Incentive Specialty Pay (ISP) for the period 1 October 2007 through 30 September 2008.
2. The applicant states, in effect, that she was never notified of ISP entitlement or given the opportunity to execute an ISP contract upon completion of the internal medicine residency program on 30 June 2007. She claims that her initial ISP contract for internal medicine was due 90 days post-residency completion or on 1 October 2007 per All Army Activities (ALARACT) message, dated 191153Z September 2007, subject: Fiscal Year 2008 Army Medical Corps Officer Special Pay Policy, Plan, and Rates.
3. The applicant provides a copy of the ALARACT message in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of captain as a Medical Corps officer.
2. On 29 January 2007, the applicant accepted graduate medical education training in endocrinology at Walter Reed Army Medical Center beginning on 1 July 2007 with a completion date of 30 June 2009.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch of the Office of the Surgeon General. The opinion points out that a review of the applicants military pay file indicates no record of any ISP agreements being received from the command for the requested period or any period thereafter. That office cannot make payment due to Defense Finance and Accounting Service policy and procedure limitations; however, that office recommends that the applicant receive payment of the petitioned ISP agreement of $14,000 per year effective 1 October 2007 through 30 September 2008.
4. On 28 August 2009, the advisory opinion was furnished to the applicant for comment. She did not respond within the given time frame.
5. 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 points out that there is no record of an ISP agreement for the requested period in the applicants military pay file and recommends payment of the petitioned ISP agreement of $14,000 per year for the period 1 October 2007 through 30 September 2008.
2. Based on the foregoing, it would be equitable to correct the applicants military records to show she executed an ISP contract for the period 1 October 2007 through 30 September 2008 and to pay her this specialty pay.
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:
a. by issuing her an ISP contract effective 1 October 2007 with an obligation through 30 September 2008 and
b. by paying her any monies due, if appropriate, based on execution of the contract specified in paragraph a above.
____________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.
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