IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20100010291
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 payment of medical Incentive Special Pay (ISP) for the period 1 October 2007 through 30 September 2008.
2. The applicant states, because of miscommunication between the specialty pay branch and himself, he thought he was still under a contract, but his ISP contract had expired in 2007.
3. The applicant provides a copy of his memorandum to the Chief, Special Pay Branch, Office of the Surgeon General (OTSG), Alexandria, VA, subject: Request for Medical Corps ISP, dated 26 June 2010,
CONSIDERATION OF EVIDENCE:
1. The applicant, a Medical Corps officer, was authorized ISP for a 4-year period effective, 1 October 2003.
2. This authorization was extended in 1-year increments in 2008 and 2009.
3. During the processing of this case, on 12 April 2010, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, OTSG. The advisory official noted the applicant was, in effect, requesting payment of ISP at $14,000.00 for the period 1 October 2007 through 30 September 2008. 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 $14,000.00 for the period 1 October 2007 through 30 September 2008 and further noted 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 Center.
4. The advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
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 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. Section 050301, chapter 5, Volume 7A 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 for the period 1 October 2007 through 30 September 2008 but did not execute the ISP agreement due to miscommunication between the specialty pay branch and himself. He thought he was still under a contract, but his ISP contract had expired in 2007.
2. The applicant was previously authorized an ISP contract and it was continued for a year at a time in 2008 and 2009.
3. His continuation on active duty demonstrates his intent to remain in the Service. In the interest of justice, he should receive the ISP retroactively for the period 1 October 2007 through 30 September 2008.
4. The advisory opinion further confirms he was entitled to ISP in the amount of $14,000.00 for the period 1 October 2007 through 30 September 2008. Therefore, his records should be corrected to provide for that payment.
5. In view of the foregoing, it would be appropriate to correct his records to show that he timely executed the appropriate written agreement to receive ISP in the amount of $14,000.00 for the period 1 October 2007 through 30 September 2008.
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 $14,000.00 for the period 1 October 2007 through 30 September 2008;
b. showing it was timely received and processed; and
c. authorizing payment of ISP in arrears for the period from 1 October 2007 through 30 September 2008.
___________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) AR20100010291
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