IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100014704
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 Multi-year Special Pay (MSP) with linked Multi-year Incentive Special Pay (MISP) from 1 October 2001 to 30 September 2009.
2. The applicant states he had always been told that he could not get MSP/MISP until his Active Duty Service Obligation (ADSO) was completed, which was 18 October 2010. He has been signing these contracts for years and never came across any information to indicate differently.
3. The applicant provides MSP/MISP contracts.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show that he was commissioned as a second lieutenant and was ordered to active duty to attend the Uniform Services University of Health Sciences (USUHS) on 10 August 1988.
2. On 16 May 1992, the applicant was commissioned as a captain, Medical Corps.
3. On 16 February 2001, the applicant, then a major, signed a OTSG FL 18 (Training Agreement for Army Graduate Medical Education (GME)). In that form he acknowledged that as a result of his attendance at Regional Anesthesiology at Duke University Medical Center, he would incur an addition ADSO which would be in addition to any other ADSO he may have already incurred and could not be repaid concurrently with other ADSOs.
4. The applicant is currently serving on active duty at Walter Reed Army Medical Center as a colonel.
5. In an e-mail copied by the applicant, the Office of The Surgeon General (OTSG) authorized the applicant MSP/MISP from 1 October 2009 to 30 September 2013.
6. In an advisory opinion obtained from the OTSG it was stated that MSP/MISP agreements requires completion of all education and training obligations or 8 years of creditable service. The OTSG stated that the applicant was eligible for MSP/MISP as of 16 May 2000 based on his having 8 years of creditable service. However, the special pay obligation would be served or added to the end of any existing education and training obligation, and/or existing MSP/MISP agreements.
7. The OTSG continues that the applicant is currently in a 4-year MSP ($60,000 a year) with linked MISP ($50,000 a year) which obligates him up to 30 June 2014. The OTSG opines that the applicant can execute annual concurrent obligation Incentive Special Pay (ISP) agreements effective 1 July 2014 and each full-year thereafter until retirement (his mandatory retirement date is 1 July 2018). The OTSG then offers two other recommendations which would require authorization for MSP/MISP contracts to be effective in 2007 and 2008, respectively.
8. The applicant was provided the advisory opinion and stated that he believed the options provided are fair.
9. Title 37, United States Code, sections 301d (Multiyear retention bonus: medical officers of the armed forces), states that a medical officer described in subsection (b) who executes a written agreement to remain on active duty for two, three, or four years after completion of any other active-duty service commitment may, upon acceptance of the written agreement by the Secretary of the military department concerned, be paid a retention bonus as provided in this section. This section applies to an officer of the armed forces who:
a. is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer;
b. is in a pay grade below pay grade O-7; and
c. has at least eight years of creditable service (computed as described in section 302(g) of this title) or has completed any active-duty service commitment incurred for medical education and training.
DISCUSSION AND CONCLUSIONS:
1. The applicant was eligible to execute MSP/MISP contracts as early as 2000. While the applicant states that he was not aware that he could execute an MSP/MISP contract earlier, there is no way to confirm or deny that contention. However, regardless of whether he executed the contracts in 2000 or now, he would still incur an additional ADSO.
2. In this case the applicant's ADSO expires on 28 October 2014 and his MRD is 1 July 2018. Therefore, there is less than 4 years of active duty in which to incur an additional ADSO.
3. The OTSG's first recommendation was for the applicant to execute annual concurrent obligation Incentive Special Pay (ISP) agreements effective 1 July 2014 and each full-year thereafter until his retirement on or before 1 July 2018. This recommendation would not require correction of his records.
4. Since the applicant is able to collect ISP to cover the remainder of the time he has remaining until his MRD, there is no reason to correct the applicant's records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ___X_____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _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) AR20100014704
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ABCMR Record of Proceedings (cont) AR20100014704
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