IN THE CASE OF:	  

		BOARD DATE:	    29 April 2010

		DOCKET NUMBER:  AR20090019756 


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 retroactive Multi-Year Special Pay (MSP) and Multi-Year Incentive Special Pay (MISP) with an effective date on or before 1 July 2003.

2.  The applicant quotes the Fiscal Year (FY) 03 Medical Special Pay Message date-time-group (DTG) 041329Z September 2002 and states that he was eligible to sign a two-year MSP/MISP contract with a service obligation that would run concurrently with his fellowship obligation.  The applicant adds that he completed eight years as a Medical Corps officer on 16 June 2003 and graduated residency on 30 June 2003.  Additionally, he states that he started subspecialty training in Orthopaedic Foot and Ankle Surgery on 1 August 2003, a month after a contract could have been signed.

3.  The applicant provides a copy of Medical Special Pay Message DTG 041329Z September 2002, subject: FY03 Army Medical Corps Officer Special Pay Policy, Plan and Rates; Medicine and Surgery License; residency selection letter with letter of acceptance and training certificate; and Active Duty Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a Major, Medical Corps (MC), serving on active duty as a physician.



2.  The Board of Physician Quality Assurance of the State of Maryland certificate, dated 30 August 1996, shows that the applicant completed clinical training and examination.  He was licensed to practice medicine and surgery in the state of Maryland.

3.  Certificate from the National Capital Consortium shows the applicant successfully completed the Residency Training in Orthopaedic Surgery at Walter Reed Army Medical Center from 1 July 1998 to 30 June 2003.

4.  Message DTG 041329Z September 2002 and 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 care 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 (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 (Incentive Special Pay) 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.

5.  In the processing of this case, on 28 December 2009, an advisory opinion was obtained from the Office of The Surgeon General, Chief, Army Medical Department (AMEDD) Special Pay Branch.  The advisory official stated:

   a.  the applicant was eligible to receive the requested two-year MSP at $12,000.00 per year, effective 1 July 2003 to 30 June 2005.  The advisory official recommended that the applicant's request be supported for the total agreement period of $24,000.00 prior to deductions.
   b.  the applicant was paid annual MISP agreement of $36,000.00 per year effective 1 October 2003 - 30 September 2004 and 1 October 2004 -
30 September 2005.  He offered that this was the correct amount and sequence of dates regardless of whether the applicant executed annually or as a two-year MISP.  Therefore, there was no action required on the MISP agreement.

   c.  the procedures and policy do not allow the applicant to retroactively execute and receive payment for the MSP for the period requested even based on possible extenuating circumstances.  This office would have made payment of the request, but it exceeds their authorized timeframe to effect a change with the Defense Finance and Accounting Service (DFAS).
   
6.  On 6 January 2010, the applicant was provided a copy of the advisory opinion to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  It appears from the available evidence that the applicant was not properly advised of his eligibility for and the procedural requirements to execute an MSP contract.

2.  The AMEDD Special Pay Branch recommends the applicant be retroactively authorized MSP of $24,000.00 prior to deductions.

3.  The AMEDD Special Pay Branch also stated the applicant was paid an annual MISP agreement for $36,000.00/year effective 1 October 2003.  Therefore, there was no action required on the MISP agreement.

4.  In view of the foregoing, the applicant’s records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing that he executed a two-year MSP agreement for $12,000.00 per year to be effective 1 July 2003; and

	b.  by paying him MSP at the rate of $12,000.00 per year, less deductions, for the period 1 July 2003 to 30 June 2005.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to payment for his annual MISP agreement.



      __________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)                                         AR20090019756



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ABCMR Record of Proceedings (cont)                                         AR20090019756



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