DOCKET NUMBER: AR20100010046
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 her records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2008 through 30 September 2009.
2. She states she completed her internal medicine residency training in June 2008 and she completed the Flight Surgeon Course in September 2008 prior to making a permanent change of station to Fort Belvoir, VA. She adds she requested assistance from Human Resources Command (HRC) in obtaining all her specialty pay, but she was only advised about her eligibility for Medical Additional Special Pay (MASP), which she received. She continued to inquire about her entitlement to the $20,000.00 ISP for 2008 to 2009, but due to improper guidance from HRC, her request was rejected. She concludes that she is entitled to ISP yearly and she should receive retroactive pay for October 2008 to September 2009 due to internal errors by HRC.
3. The applicant provides:
* an undated memorandum, Subject: Request for MC ISP
* a Certificate of Completion in Internal Medicine Residency for the period
1 July 2005 to 30 June 2008
* Orders Number 086-003, issued by Headquarters, 1st Cavalry Division, Fort hood, TX, dated 27 March 2009
* a DA Form 67-9 (Officer Evaluation Report (OER)) for the period 10 March 2009 through 25 February 2010
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a Medical Service Corps second lieutenant in the U.S. Army Reserve (USAR) on 19 October 2001. She is currently a captain serving on active duty as a flight surgeon, MC.
2. A certificate from the U.S. Army Medical Department shows she successfully completed the training in Internal Medicine at Madigan Army Medical Center, Tacoma, WA from 1 July 2005 to 30 June 2008.
3. Orders 086-003, dated 27 March 2009, show she was scheduled to deploy on temporary change of station to Iraq in support of Operation Iraqi Freedom. Her effective date of deployment was listed as on or about 22 April 2009.
4. On 13 November 2009, she requested and was approved for MC ISP for Fiscal Year 2010. In her request, she stated that in consideration of her entering into the ISP program, the U.S. Army agreed to pay her MC ISP in the amount of $20,000.00, subject to the availability of funds.
5. Her OER for the period 10 March 2009 through 25 February 2010 shows she served as the Battalion Flight Surgeon while assigned in Iraq.
6. In the processing of this case, on 27 September 2010, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG). The advisory official stated there was no record of an ISP agreement being received from her command for the requested period. However, there was a $20,000.00 per year ISP agreement recorded and paid for the period 1 October 2009 to 30 September 2010. The advisory official recommended payment of $20,000.00 for the period 1 October 2008 through 30 September 2009 and further noted that the 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, IN.
7. 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.
8. 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 her request for ISP was rejected due to what appears to be improper guidance from HRC and/or her unit.
2. The advisory opinion confirms she was entitled to ISP in the amount of $20,000.00 per year for the period 1 October 2008 through 30 September 2009. Therefore, her records should be corrected to provide for that payment.
3. In view of the foregoing, it would be appropriate to correct her records to show that she executed the appropriate written agreement to receive ISP in the amount of $20,000.00 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 she requested payment of ISP in the amount of $20,000.00 per year for the period 1 October 2008 through 30 September 2009;
b. showing her application was timely received, approved, and processed by the appropriate office; and
c. paying her ISP at the rate of $20,000.00 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) AR20100010046
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ABCMR Record of Proceedings (cont) AR20100010046
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