BOARD DATE: February 4, 2010
DOCKET NUMBER: AR20090016088
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 that he be granted a retroactive adjustment to his contract in order to receive the three year medical special pay (MSP) plus medical special incentive pay (MSIP) at the higher monetary rate.
2. The applicant states he is a preventive medicine/occupational medicine officer who retired in 2000. In 2007, he was recalled to active duty initially for two years. At that time other retired physicians were being allowed to sign up for three or four years. He has completed his initial two year contract and been approved for a one year extension. At the current time only one year extensions are being granted. He believes he should receive the MSP plus MSIP as if his contract had been for three years at the higher monetary level.
3. The applicant provides copies of an e-mail message and his Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Regular Army career medical officer, retired in 2000 in the rank of lieutenant colonel with a total of 20 years of active and 2 years of inactive service.
2. He voluntarily accepted a recall to active duty, effective 4 September 2007, for two years and entered into the 2-year MSP and 2-year MSIP agreements for receipt of $13,000.00 per year under each option.
3. With the completion of his 2-year contract, he was approved for a one-year extension on active duty effective 29 September 2009.
4. In a 26 August 2009 e-mail from the Chief, Army Medical Department, Special Pay Branch, the applicant was advised that his records showed he had a 2-year MSP and MSIP contract (through September 2009) but no current Medical Additional Special Pay (MASP) in effect. It was recommended that he execute a new MASP and an Incentive Special Pay while petitioning the Board for a renegotiation and retroactive entitlement to a 3-year MSP and MSIP.
5. In the development of this case an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch. It was stated that, at the time the applicant executed his agreement, retired recalled officers were limited in the number of years they could extend. He has since been approved for an additional year's extension. There is no policy or procedure allowing them to take action directly and that the petition would have to be approved as an exception to policy. It is noted that if granted the applicant would be entitled to MSP at a $19,000.00 level for three years (with a pay difference of $6,000.00 per year) and to MSIP at $13,000.00 for three years. Although what actions would have to be taken to afford the change are delineated, no specific recommendation was made as to whether or not it was appropriate to consider the request.
6. A copy of the advisory opinion was forwarded to the applicant. The record does not contain any indication the applicant responded to the opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he is a preventive medicine/occupational medicine officer who retired in 2000. In 2007, he was recalled to active duty initially for two years. At that time other retired physicians were being allowed to sign up for three or four years. He has completed his initial two year contract and been approved for
a one year extension. At the current time only one year extensions are being granted. He believes he should receive the MSP plus MSIP as if his contract had been for three years at the higher monetary level.
2. In 2007 the applicant accepted a 2-year voluntary recall agreement with entitlement to payment of MSP and MSIP for a 2-year period at a $13,000.00 per year level. While there is no policy or law that precludes the renegotiation of a contract there is also no regulation or law that offers guidance as to when approval of such a request would be appropriate.
3. There is no indication that, at the time he negotiated his recall bonus agreements, longer periods of service were being offered others in this medical specialty. The applicant has not provided any documentation that other physicians received more favorable treatment.
4. The fact that the needs of the service may have changed since he was recalled warranting the granting of either longer periods of service or extensions, does not change the fact that the applicant was offered and accepted a contract for the 2-year period with the specific monetary level bonuses authorized.
5. There is no provision in law or regulation that allows a service member to renegotiate their contract just because a better deal is available at a later date. The applicant has submitted insufficient evidence to show that an error or injustice has occurred.
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) AR20090016088
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090016088
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130021238
The applicant requests, in effect, an exception to policy (ETP) to the recent Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA M&RA) Rescission of Army Policy Regarding Renegotiation of Army Medical Department (AMEDD) Officer Special Pay Contractual Agreements to allow him to renegotiate all of his Army medical officer special pay agreements, to include the Incentive Special Pay (ISP), Multi-Year Incentive Special Pay (MISP), and Multi-Year Special Pay (MSP) with his...
ARMY | BCMR | CY2011 | 20110005739
IN THE CASE OF: BOARD DATE: 17 November 2011 DOCKET NUMBER: AR20110005739 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states: * he has served as an Army Obstetrics Gynecologist (OB/GYN) since his date of active duty entry upon completion of his residency in 1998 * in 2007, he was awarded the opportunity to train in an Army sponsored civilian deferred fellowship in the medical subspecialty of Urogynecology from 1 July 2007 to 30 June 2010 * during the first year of his...
ARMY | BCMR | CY2010 | 20100013656
BOARD DATE: 8 July 2010 DOCKET NUMBER: AR20100013656 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. OTSG, the agency responsible for administering AMEDD Special Pay Programs to include MSP and linked MISP contracts, confirmed the applicant was eligible to execute a renegotiated four year MSP at $30,000 per year and linked MSIP at $20,000.00 per year for the period 1 October 2008 through 30 September 2012 and the failure to execute this renegotiated contract was through no fault of the...
ARMY | BCMR | CY2003 | 2003086144C070212
For Army Medical Corps Officers (Physicians), these special pays are: 1) Variable Special Pay (VSP), which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (BCP), 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 (HPPED); 3) Medical Additional Special Pay (MASP), which is paid to all Medical...
ARMY | BCMR | CY2013 | 20130010868
The applicant states his Army finance records and personal bank statements show that he did not receive the MASP military physician bonus during the years 2007 and 2008. There is no record of annual MASP contracts at $15,000.00 per year effective 1 July 2007 and 1 July 2008 being requested during the same period these multi-year contracts were being signed. He served for 30 years as a medical officer and during this time he would have signed numerous MASP bonuses.
ARMY | BCMR | CY2013 | 20130004343
The applicant requests, in effect, a retroactive renegotiated 4-year Multi-year Special Pay (MSP) contract at $38,000.00 and linked Multi-year Incentive Special Pay (MISP) contract at $20,000.00 per year effective 1 September 2012 - 31 August 2016 to align with his mandatory removal date (MRD) of 31 August 2016. The applicant is requesting a retroactive renegotiated 4-year MSP contract at $38,000.00 and linked MISP contract at $20,000.00 a year effective 1 September 2012 - 31 August 2016 to...
ARMY | BCMR | CY2015 | 20150001886
The applicant requests correction of his military records to show he renegotiated his expired 4-year Multi-Year Special Pay (MSP) at $60,000 per year and linked 4-year Multi-Year Incentive Special Pay (MISP) at $46,000 per year to new contracts effective 1 July 2011 to 30 June 2015. 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...
ARMY | BCMR | CY2009 | 20090008337
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. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2001 | 2001060351C070421
He submits a statement stating he only found out of his entitlement to the MSP for this period from a colleague, he has information concerning another officer who received relief from this Board, that other USMA classmates received the MSP, that he was misled by Personnel Office officials, that he relied on these officials and was deployed to Kuwait during this period of time, and that the Special Pay Branch stated his eligibility actually began in 1993. On 13 November 2001, the Chief of...
ARMY | BCMR | CY2012 | 20120007132
The advisory official stated: a. a review of the applicant's military pay file indicates no record of ISP agreements being received from the command or paid for the requested period. 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; c. MASP, which is paid to all Medical Corps officers upon completion of internship (not...