BOARD DATE: 8 July 2010
DOCKET NUMBER: AR20100013656
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 his multi-service pay (MSP) multi-service incentive pay (MSIP) contract from 2008-2012 be renegotiated.
2. The applicant states the untimely processing of his MSIP/MSP contract for 2008-2012 resulted in a failure to extend his Regular Army (RA) commitment from 30 September 2010 to 20 September 2012, and failure to adjust his new MSIP/MSP pay for 2009-2012.
3. The applicant provides an MSIP/MSP Electronic Mail (e-mail) message,
22 February 2010, and an MSIP/MSP Agreement, dated 18 September 2009, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows that as of the date of his application to the Board, the applicant was serving on active duty, in the rank of lieutenant colonel; and performing duties in specialty 60C (Preventive Medicine).
2. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General (OTSG). This official states that a review of the record revealed the applicant has an active duty four year MSP at $25,000 per year and a linked MSIP at $13,000 per year for the period 1 October 2006 through 30 September 2010.
3. The OTSG advisory opinion further confirms the applicant was eligible to execute a renegotiated four year MSP at $30,000 per year and linked MSIP at $20,000.00 per year for the period 1 October 2008 through 30 September 2012. It also indicates the delay in executing the agreements for the applicant was through no fault of the applicant, but the result of his not being notified of returned agreements and the need for justification by the command. The OTSG confirms the applicant was eligible to receive the renegotiated four year MSP at $30,000 per year and linked MSIP at $20,000 per year effective for payment and obligations from 1 October 2008 through 30 September 2012.
4. The OTSG official further states that if the recommended renegotiated agreement is approved, the applicant will be due the $5,000 difference between existing MSP payments of $25,000 per year and the new MSP agreement of $30,000 per year for each period commencing on 1 October 2008 and 1 October 2009, with the next anniversary payment date scheduled for 1 October 2010. In addition, he will be due the $7,000 difference between the existing MSIP payments of $13,000 per year and the new MSIP payments of $20,000 per year for each period commencing 1 October 2008 and 1 October 2009, with his next anniversary payment date scheduled for 1 October 2010.
5. On 18 May 2010 the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond. To date, he has failed to reply.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the failure of his command to timely process his renegotiated MSP/MSIP contract unjustly resulted in his being denied MSP/MSIP pay he was eligible for.
2. OTSG, the agency responsible for administering AMEDD Special Pay Programs to include MSP and linked MISP contracts, confirmed the applicant was eligible to execute a renegotiated four year MSP at $30,000 per year and linked MSIP at $20,000.00 per year for the period 1 October 2008 through 30 September 2012 and the failure to execute this renegotiated contract was through no fault of the applicant.
3. In view of the facts of the case, it would be appropriate to correct the applicants record to show he entered into a renegotiated MSP/MSIP agreement authorizing an MSP payment of $30,000 per year and MSIP payment of $25,000 per year effective for payment from 1 October 2008 through 30 September 2012. It also would appropriate to pay him the difference between his existing MSP payment of $25,000 per year and MSIP payment of $13,000 per year for 1 October 2008 and 1 October 2009, and to schedule his next anniversary payment for 1 October 2010.
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 showing the applicants renegotiated MSP at $30,000 per year and MSIP payment at $20,000 per year agreement for the period 1 October 2008 through 30 September 2012 was approved; and by providing him the $5,000 difference in MSP pay and $7,000 difference in MSIP pay for 1 October 2008 and 1 October 2009, and scheduling his new anniversary MSP/MSIP payment at the renegotiated rate of $30,000/$25,000 per year for 1 October 2010.
_______ _ 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) AR20100013656
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