IN THE CASE OF:
BOARD DATE: 14 December 2010
DOCKET NUMBER: AR20100013184
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 reconsideration of an earlier denial relating to Multi-Year Special Pay (MSP) and Multi-Year Incentive Special Pay (MISP) and requests a 3-year MSP at $19,000/year and 3-year MISP $19,000/year effective for payment from 16 May 2007 to 16 May 2010 and obligation from 17 May 2015 to 17 May 2018.
2. He states that he did not understand he was required to respond to the previous Advisory Opinion and provide evidence of his knowledge and intentions. After now being informed of this evidence, he now asks for reconsideration to remedy these innocent errors. He agrees that his executed annual MISP for $16,000/year effective from 1 October 2006 to 30 September 2007 would need to be terminated and a prorated recoupment established for the period 16 May 2007 to 30 September 2007 when the ISP and MSP/MISP would overlap.
3. He provides:
* An Affidavit
* 2007 selection for Graduate Medical Education (GME) program letter
* 2007 GME acknowledgement letter
* Initial DD Form 149 (Application for Correction of Military Record)
* Emails from the Army Medical Department (AMEDD) Special Pay Branch
* 2009 Office of The Surgeon General (OTSG) advisory opinion
* Army Board for Correction of Military Records (ABCMR) Proceedings
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013942, on 3 December 2009.
2. The applicant acknowledges and requests a 3-year MSP at $19,000/year and 3-year MISP at $19,000/year effective for payment from 16 May 2007 to 16 May 2010 and obligation from 17 May 2015 to 17 May 2018, termination of the MISP executed for $16,000/year effective from 1 October 2006 to 30 September 2007, and a prorated recoupment established for the period 16 May 2007 to 30 September 2007. This is new evidence that will be considered by the Board.
3. His military records shows he was appointed in the U.S. Army Reserve, as a second lieutenant, on 13 May 1995. He entered on active duty on 10 August 1995 and was commissioned as a captain, Medical Corps, on 15 May 1999.
4. On 29 January 2007, he was advised of his selection for the GME program in Dermatopathology.
5. In an advisory opinion, dated 23 September 2009, an OTSG official stated the AMEDD Special Pay Branch opined that the applicant became eligible for the combined MSP/MISP on 16 May 2007 and at the time he had an outstanding training obligation of 16 May 2015 (8 years). Any MSP/MISP must be served consecutive to any outstanding training obligation. The OTSG suggested the applicant submit a request specifying the number of years for which he requested the MSP/MISP. The OTSG official also stated that if the applicant were to be granted authority to complete an MSP/MISP agreement, his executed annual ISP for the period 1 October 2006 to 30 September 2007 would need to be terminated and a prorated recoupment established for the period 16 May 2007 to 30 September 2007, where the ISP and MSP/MISP overlap.
6. The advisory opinion was forwarded to him on 24 September 2009 for his acknowledgment or possible rebuttal. He did not respond to advisory opinion indicating whether he was willing to complete a new MSP/MISP agreement,
to terminate his existing annual ISP, and agreement for establishment of a prorated recoupment where the ISP and MSP/MISP overlap.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant was fully eligible for entitlement to a combined MSP/MISP for $19,000/year effective for payment from 16 May 2007 to 16 May 2010 and an obligation from 17 May 2015 to 17 May 2018.
2. Based on his acceptance and completion of a new MSP/MISP agreement, he had also agreed to the termination of his annual ISP for the period 1 October 2006 and 30 September 2007 and prorated repayment of ISP payments for the period 16 May 2007 to 30 September 2007 where the ISP and MSP/MISP overlap.
3. In view of the foregoing, his records should be corrected as recommended below.
BOARD VOTE:
___X____ ____X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20090013942, dated 3 December 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. showing the applicant is authorized payment of a combined MSP/MISP at $19,000/year effective for payment from 16 May 2007 to 16 May 2010 and an obligation from 17 May 2015 to 17 May 2018;
b. terminating his executed annual ISP for the period 1 October 2006 to 30 September 2007; and
c. prorated recoupment of ISP payments from the period 16 May 2007 to 30 September 2007.
_______ _ 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) AR20100013184
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