BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013236 


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 Incentive Specialty Pay (ISP) for the period 1 January 2005 through 31 December 2005. 

2.  The applicant states that ISP is paid to specific Medical Corps (MC) officers possessing a current unrestricted license (or approved waiver) based on eligible/certified specialty and execution of contract.  The effective date is 90 days after completion of military residency.  He adds that during the time of his last mobilization, he was unaware that he was eligible for ISP until toward the end of his tour of duty.  He subsequently filled out what he thought was the necessary paperwork with an official, but he was never paid.  For approximately the last 2 years, he has been trying to resolve this matter with the Chief of the Army Medical Department (AMEDD) Specialty Pay Branch via electronic mail and telephone messages without any success.

3.  The applicant provides a copy of Orders 05-221-00141, issued by the 81st Regional Readiness Command, Birmingham, AL, on 9 August 200; a copy of Orders 350-0284, issued by the XVIII Airborne Corps, Fort Bragg, NC, on 16 December 2005; and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 December 2005, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a second lieutenant in the Army Nurse Corps of the U.S. Army Reserve (USAR) on 6 October 2000.  
2.  On 20 September 2005, he was ordered to active duty as a member of his Reserve unit in support of Operation Enduring Freedom.  He was released from active duty on 24 December 2005.  The DD Form 214 he was issued shows he completed 3 months and 5 days of creditable active service.

3.  An advisory opinion was obtained from the AMEDD Special Pay Branch, which stated that all payments have been completed by the Reserve Component (RC) Defense Finance and Accounting Service (DFAS) and that no further action is required.  The opinion also stated that their office is limited to only determining authorization for health professions special pay.  Authorizations from his office are forwarded to RC-DFAS, the responsible agent for disbursing payment of health professions special pay during mobilization.  Special pays are paid retroactive to the mobilization date after completion of 30 consecutive days of active duty or up to 30 days after receipt by RC-DFAS, whichever is later.  A query was sent to RC-DFAS for the missing payments claimed by the applicant and the response received indicates that all claims for certified registered nurse anesthetist ISP and Board Certification Pay (BCP) category payments for the period 20 September 2005 to 24 December 2005 were completed.  The payments were made by the following leave and earning statement (LES) dates:

	a.  LES, dated 4 November 2005, $166.66 ($166.66 for BCP from 1 October 2005 to 31 October 2005);

	b.  LES, dated 15 November 2005, $1,769.46 ($458.34 for ISP and $166.67 for BCP for the period 20 September 2005 to 30 September 2005 and $1,250.00 for ISP for the period 1 October 2005 to 31 October 2005);

	c.  LES, dated 7 December 2005, $1,416.67 ($1,250.00 for ISP and $166.67 for BCP for the period 1 November 2005 to 30 November 2005); and

	d.  LES, dated 4 January 2006, $1,416.67 ($1,250.00 for ISP and $166.67 for BCP for the period 1 December 2005 to 31 December 2005).  The amount was paid for the full month, but duty pay was later collected for the period 25 December 2005 to 31 December 2005.

4.  On 2 December 2009, the advisory opinion was furnished to the applicant for comment.  He did not respond within the given time frame.

5.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health 

professionals of the Armed Forces.  For Army MC officers (physicians), these special pays are:  (1) Variable Special Pay which is paid to all MC officers monthly upon entry on active duty; (2) BCP which is paid monthly to all board certified MC 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 (MASP) which is paid to all MC officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (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 MC 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) Multi-year Special Pay which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected MC officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant was ordered to active duty on 20 September 2005 in support of Operation Enduring Freedom and was released from active duty on 24 December 2005.  He completed 3 months and 5 days of creditable active service.  His pay records indicate that he received full ISP during this period of mobilization.  He has provided no evidence to show otherwise.  There is neither an error nor an injustice.

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)                                         AR20090013236



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ABCMR Record of Proceedings (cont)                                         AR20090013236



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