IN THE CASE OF:	  

		BOARD DATE:	    17 November 2011

		DOCKET NUMBER:  AR20110005739 


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, in effect, his multi-service pay (MSP)/multi-service incentive pay (MSIP) contract from 2004-2008 be renegotiated.  

2.  The applicant states:

* he has served as an Army Obstetrics Gynecologist (OB/GYN) since his date of active duty entry upon completion of his residency in 1998
* in 2007, he was awarded the opportunity to train in an Army sponsored civilian deferred fellowship in the medical subspecialty of Urogynecology from 1 July 2007 to 30 June 2010
* during the first year of his fellowship training he was eligible to sign for the fourth year of an existing MSP contract
* he was not aware that during this time period he could have re-negotiated for an additional four-year MSP contract at the current rate to be served concurrently 
* he was without the guidance of a special pay officer action specialist
* the person responsible for processing his special pays contracts was his educational program manager
* he was incorrectly counseled by his educational program manager
* his existing MSP contract was allowed to expire because he was improperly counseled
* he has learned of other physicians like himself who were appropriately afforded a four-year MSP renegotiation during fellowship training
* these other physicians are serving their MSP obligation concurrently with the fellowship training obligation

3.  The applicant provides the following:

* Memorandum from the Chief, Army Medical Department (AMEDD) Special Pay Branch, dated 25 October 2004
* Self-authored memorandum to the Chief, Special Pay Branch, dated 28 October 2008
* MSIP/MSP email messages, dated 19 August 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that as of the date of his application to the Board, he was serving on active duty, in the rank of lieutenant colonel, and performing duties in specialty 60J (Urogynecologist).   

2.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, Office of The Surgeon General (OTSG).  This official states that a review of the record revealed the applicant entered into a four-year MSP at $25,000 per year with a linked MSIP at $31,000 per year for the period 1 October 2004 through 30 September 2008.  Upon expiration, the applicant executed annual agreements for MISP at $31,000 per year for the period 1 October 2008 through 30 September 2009, and then again for the period 1 October 2009 through 30 September 2010.  Before the last MISP expired, the applicant executed a four-year MSP at $45,000 per year with a linked MISP at $41,000 per year for the period 1 July 2010 through 30 June 2014, and in turn extended the total obligation beyond the training expiration from 30 June 2013 to 30 June 2017.

3.  The OTSG official states in order the maximize benefits to the applicant within the conditions of the petition and not extending his obligation beyond the current fellowship obligation of 30 June 2013, the following renegotiated agreements, executed in order, are recommended:

	a.  All other previous agreements documented in paragraph 2 (Consideration of Evidence) above be voided with appropriate additional payments or recoupment based on calculations and payment actions performed by the Defense Finance and Accounting Service (DFAS)-Indianapolis Center.

	b.  From the four-year MSP at $25,000 per year with a linked MISP at $31,000 per year for the period 1 October 2004 through 30 September 2008:

		(1) Renegotiate to a four-year MSP at $33,000 per year with a linked MISP at $31,000 per year for the period 1 July 2007 through 30 June 2011; and

		(2) Renegotiate to a 4-year MSP at $35,000 per year with a linked MISP at $31,000 per year for the period 1 July 2009 through 30 June 2010.

	c.  No other agreements are affected.

4.  On 16 June 2011, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond.  He concurred with the advisory opinion on 16 September 2011.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

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 $33,000 per year with a linked MISP at $31,000 per year for the period 1 July 2007 through 30 June 2011.  The failure to execute this renegotiated contract does not appear to have been the fault of the applicant.  

3.  In view of the facts of the case, it would be appropriate to correct the applicant’s record to show he entered into a renegotiated MSP/MSIP agreement authorizing an MSP payment $33,000 per year with a linked MISP at $31,000 per year for the period 1 July 2007 through 30 June 2011 and an MSP at $35,000 per year with a linked MISP at $31,000 per year for the period 1 July 2009 through 30 June 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:

	a.  Voiding all other previous agreements documented in paragraph 2 (Consideration of Evidence) with appropriate additional payments or recoupment based on calculations and payment actions performed by the DFAS-Indianapolis Center; and

	b.  showing his four-year MSP at $25,000 per year with a linked MISP at $31,000 per year for the period 1 October 2004 through 30 September 2008:

		(1) was renegotiated to a four-year MSP at $33,000 per year with a linked MISP at $31,000 per year for the period 1 July 2007 through 30 June 2011; and

		(2) then was renegotiated to a four-year MSP at $35,000 per year with a linked MISP at $31,000 per year for the period 1 July 2009 through 30 June 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)                                         AR20110005739



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ABCMR Record of Proceedings (cont)                                         AR20110005739



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