IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100014174
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 Multi-Year Special Pay (MSP) and Multi-Year Incentive Special Pay (MISP) from on or before 1 July 2003.
2. The applicant states the Fiscal Year 2004 Medical Special Pay message was not readily available in the field and he was unaware he could apply for and receive MSP/MISP to run concurrently with his post-residency fellowship training.
3. The applicant provides:
* memoranda for Chief, Special Pay Branch, Office of The Surgeon General (OTSG)
* OTSG Message, Subject: FY04 Medical Corps officer Special Pay Policy, Plan and Rates
CONSIDERATION OF EVIDENCE:
1. The applicant is a Lieutenant Colonel, Medical Corps (MC), serving on active duty as a physician.
2. Medical Corps special pays are authorized by Congress in Title 37, United States Code. MSP is paid to specific MC officers possessing a current, unrestricted license (or approved waiver), based on specialty and execution of a
contract. A 2, 3 or 4 year active duty obligation is incurred based upon the executed contract. MISP is paid annually and authorized for specific Army MC specialties. This incentive requires a written agreement to remain on Active Duty for one year from the agreement effective date. The amount of MISP received is dependent upon the medical specialty. The MSP obligation runs concurrently with MISP, but is in addition to all education or training obligations. Lump sum payment minus taxes is based upon the rate for a given specialty, and is payable annually on the anniversary date.
3. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch which states that the applicant was eligible for a 2-year MSP/MISP effective 15 June 2004 through 14 June 2006, but for unknown reasons an agreement was not executed. The MSP rate would be $12,000 per year and the MISP rate would be $41,000 per year. However, the applicant has already received Incentive Special Pay (ISP) of $36,000 per year for 3 years from 1 October 2003 through 30 September 2006, and he may not receive both ISP and MISP. Therefore, the opinion recommends the applicant be approved for a 2-year MSP at $12,000 per year and linked to a 2-year MISP at $41,000 per year, prorated to $5,000 as the difference between the ISP ($36,000) he already received and the higher MISP he could have received. The opinion also stated the applicant's education and training obligation was set to expire on 30 June 2009, so the 2-year MSP/MISP agreement will obligate him until 30 June 2011, which commitment will run concurrent with his fellowship commitment set to expire on 1 July 2011. The applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
DISCUSSION AND CONCLUSIONS:
1. The applicant is an Army MC officer. From 15 June 2004, he was eligible for a 2-year MSP/MISP, but did not apply for it ostensibly because the OTSG message was not readily available to him.
2. The AMEDD Special Pay Branch recommends the applicant be retroactively authorized MSP/MISP.
3. The applicant's records should be corrected as indicated 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 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 he executed a 2-year MSP/MISP agreement for $12,000/$41,000 per year on 15 June 2004
* paying him MSP/MISP at the rate of $12,000/$5,000 ($41,000 minus $36,000) per year for the period 15 June 2004 through 14 June 2006
* extending his service obligation from 30 June 2009 to 30 June 2011 to run concurrently with his fellowship obligation ending on 1 July 2011
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to granting his request retroactively to on or before 1 July 2003.
_______ _ _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.
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