BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100000623
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 correction of his records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2008 through 30 September 2009.
2. The applicant states he completed and signed an ISP application at the appropriate time. It appears that an administrative error prevented him from receiving his ISP entitlement.
3. The applicant provides a copy of his request for ISP and a copy of his Officer Record Brief (ORB).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Medical Service Corps second lieutenant in the U.S. Army Reserve (USAR) and he executed a DA Form 71 (Oath of Office - Military Personnel) on 3 June 1996. Subsequent to completion of medical school, he entered active duty on 20 May 2000 as an MC captain (CPT)/O-3. He served in various positions, within and outside the continental United States and attained the rank/grade of major (MAJ)/O-4.
2. On 11 August 2005, he was notified that he passed the combined Anatomic Pathology and Clinical Pathology Examination given by the American Board of Pathology and as of 11 August 2005, he was a diplomat of the American Board of Pathology in combined Anatomic Pathology and Clinical Pathology.
3. In the processing of this case, an advisory opinion was obtained on 21 June 2010 from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General (OTSG). The advisory official stated that an ISP agreement requires execution and submission by eligible officers through their chain of command for payment. It stated that officers must execute their agreement no earlier than 90 days, but no later than 30 days from the effective date. The opinion noted the applicant was, in effect, requesting payment of ISP at $16,000 per year for the period 1 October 2008 through 30 September 2009. The opinion stated that a review of his military pay account failed to indicate a record of an ISP agreement for the period in question. The opinion recommended payment of $16,000 for the period 1 October 2008 through 30 September 2009 and further noted OTSG was precluded from initiating payment because the period of arrears exceeded their authority as granted by the Defense Finance and Accounting Service (DFAS), Indianapolis Center.
4. The applicant was provided with a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. On 28 July 2010 the applicant concurred with the advisory opinion.
5. Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active for a period of not less than 1 year is entitled to special pay in accordance with this subsection. Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) an officer may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The amount of incentive special pay paid to an officer under this subsection may not exceed $50,000 for any 12-month period.
6. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant was eligible for ISP commencing on 1 October 2008 but he did not execute the ISP agreement due to what appears to be an administrative oversight.
2. The advisory opinion confirms he was entitled to ISP in the amount of $16,000 per year for the period 1 October 2008 through 30 September 2009. Therefore, his records should be corrected to provide for that payment.
3. In view of the foregoing, it would be appropriate to correct his records to show that he executed the appropriate written agreement to receive ISP in the amount of $16,000 per year for the period 1 October 2008 through 30 September 2009.
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 by:
a. showing he requested payment of ISP in the amount of $16,000 per year for the period 1 October 2008 through 30 September 2009;
b. showing his application was timely received and processed by DFAS; and
c. paying him ISP at the rate of $16,000.00 per year, less deductions, for the period 1 October 2008 through 30 September 2009.
_________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) AR20100000623
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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