IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100019204
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 correction of his record to show he executed a Multi-Year Special Pay (MSP) and Multi-Year Incentive Special Pay (MISP) agreement on or before 1 July 2003.
2. The applicant states the Fiscal Year 2003 (FY03) MSP 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 copies of the following:
* Fellowship Training Certificate
* Department of the Army Office of the Surgeon General (OTSG) Message date time group R041329Z September 2002, subject: FY03 Army Medical Corps Officer Special Pay Policy, Plan, and Rates
* Health Profession Bureau License
* general surgery certificate
* Doctorate Degree
* DA Form 71 (Oath of Office)
* General surgery residency training program certificate
* Assignment order
* Graduate medical education training agreement
CONSIDERATION OF EVIDENCE:
1. The applicant is an Army Medical Corps (MC) lieutenant colonel serving on active duty as a physician. He is currently deployed in direct support of Operation Enduring Freedom as the Chief of Trauma Services for the 31st Combat Support Hospital in Afghanistan.
2. MC special pay is authorized by Congress in Title 37, U.S. Code. MSP is paid to specific MC Officers possessing a current unrestricted license (or approved waiver) based on specialty and execution of contract. A 2, 3, or 4-year active duty obligation is incurred based upon the executed contract. MISP is paid annually and currently authorized for all Army MC Specialties. This incentive requires a written agreement to remain on active duty for 1 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 based on rate for specialty 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, who states:
a. eligibility for an MSP agreement requires completion of all education and training obligations, or completion of 8 years of creditable service from the Health Professions Pay Entry Date (HPPED);
b. the applicant's graduation date from the general surgery residency training program was 30 June 2003;
c. his general surgery residency obligation expired on 30 June 2008;
d. his HPPED of 16 June 1995 + 8 years = 16 June 2003, therefore the earliest date the applicant became eligible for the MSP agreement was 30 June 2003 (date of graduation from the General Surgery residency training program and MSP eligible specialty awarded);
e. the FY03 policy, plan, and procedures would enable the applicant to execute a 2-year MSP agreement effective 30 June 2003, prior to entering into the new fellowship program on 1 July 2003;
f. the 2-year MSP agreement obligation would be served consecutive to the General Surgery residency training obligation 30 June 2008 + 2 years = 30 June 2010, but concurrent with the fellowship training obligation ending 30 June 2012;
g. the applicant would be eligible for the requested FY03 MSP 2-year agreement at $12,000 a year; payable $24,000 in arrears for the period 30 June 2003 - 29 June 2005, with a linked obligation of 30 June 2010;
h. the linked FY03 MISP 2-year agreement at $29,000 a year has already been paid as an annual Incentive Special Pay (ISP) on an October cycle, based on ISP requirements, thus no payment is required; and
i. procedures and policy do not allow the applicant to retroactively execute and receive payment for the MSP for the period requested even based on what appears to be extenuating circumstances. If approved, the Defense Finance and Accounting Service (DFAS) must complete the action.
4. On 4 March 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. In accordance with OTSG message, date time group R041329 September 2002, subject: FY03 Army MC Officer Special Pay Policy, Plan, and Rates, he was authorized MSP. He states he was unaware of the message.
2. The AMEDD Special Pay Branch recommends the applicant be retroactively authorized MSP of $12,000.00 per year for 2 years for the period 30 June 2003 -29 June 2005, but states the applicant has already received the requested MISP payments.
3. Since the period in the arrears exceeds the authority granted the OTSG by DFAS, authority to execute a retroactive contract for MSP must be approved by this Board and DFAS must be directed to make the disbursement.
4. The applicant's records should be corrected as indicated below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X_____ __X_____ ___X____ 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 partial 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 agreement for 30 June 2003 - 29 June 2005 for $12,000.00 per year and paying him MSP at this rate for this period.
2. The Board further determined that the evidence presented is 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 MISP.
_______ _ 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) AR20090021437
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ABCMR Record of Proceedings (cont) AR20100019204
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