BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110010558 


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 that he be allowed to enter into a 2-year Multi-Year Special Pay (MSP) contract for $17,000 per year, effective 2009, which would run concurrently with his existing Graduate Medical Education (GME) obligation.

2.  The applicant states, in effect, that he completed an Army-sponsored orthopedic trauma fellowship in July 2010 and he was incorrectly advised that he did not meet the criteria necessary to enter into a 2-year MSP contract.  He states his calculated Health Professionals Pay Entry Date is 20 May 2000, which shows he had 9 years of creditable service at the time of his fellowship; therefore, he should have been allowed to enter into the MSP contract at that time.  The applicant would like the opportunity to accept the MSP bonus retroactively and have the Active Duty Obligation (ADO) run concurrently with the existing obligation that he incurred for fellowship training.  He further states his current department chief had the same error occur and he was granted a retroactive correction allowing him to enter into a contract after his fellowship.

3.  The applicant provides two All Army Activities Messages and two Medical Corps Officers Special Pay Program Information Papers. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he attended the U.S. Military Academy at West Point, was awarded a Bachelor of Science degree in Chemistry and Life Science, and commissioned as a second lieutenant in the U.S. Army Reserve on 1 July 1996. 
2.  The applicant was ordered to active duty effective 12 August 1996 for the purpose of attaining a degree in medicine from the Uniformed Services University of Health Sciences.  The applicant earned his degree as a Doctor of Medicine in May 2000.

3.  The applicant was commissioned in the U.S. Army Reserve in the Medical Corps and entered active duty in the rank of captain with prior commissioned service.  The applicant was subsequently promoted to the rank of major and is currently serving on active duty as a Medical Corps officer.

4.  The applicant’s record contains a Department of the Army, Office of the Surgeon General (OTSG), Falls Church, Virginia, memorandum which shows he accepted the terms of agreement for participation in the Army GME training program.  This agreement committed the applicant to participate in Army-sponsored civilian training under the partially-funded GME program in orthopedic trauma at a civilian institution beginning on or about 1 August 2009 with a scheduled completion date of 30 July 2010.  Paragraph 14 informed the applicant that his current ADO expiration date was 29 April 2021 and that participation in this program incurred an ADO and that upon completion of the scheduled training his new ADO would end on 29 April 2024.  The applicant acknowledged acceptance of the ADO and authenticated the memorandum with his signature.

5.  In the processing of this case, an advisory opinion was requested from the OTSG.  On 8 September 2011, the Chief of the Army Medical Department (AMEDD) Special Pay Branch provided an advisory opinion to the Board.

6.  The Chief, AMEDD Special Pay Branch, notes the applicant is petitioning for an opportunity to execute retroactive 2-year MSP and linked Multi-year Incentive Special Pay (MISP) agreements effective on or before 1 July 2009.  

7.  The Chief, AMEDD Special Pay Branch states eligibility for the MSP and MSIP agreements requires completion of all education and training obligations –or-8-years of creditable service.  The officer was eligible to execute the 2-year MSP at $17,000/year and linked MSIP at $50,000/year effective 1 July 2009 through 30 June 2011, based on the 8-years of creditable service; however, the special pay obligation would be served/added to the end of the existing education and training obligation.

8.  The Chief, AMEDD further opined the officer can:
   
   a.  execute 2-year agreements of the MSP at $17,000/year and linked MISP at $50,000/year, both effective 1 July 2009, with MSP obligation commencing   30 April 2021, and submit them as part of his response to the Army Review Boards Agency (ARBA).  If approved by ARBA as the approval authority, agreements should be forwarded to this office for inclusion in the officer’s personnel file.  In turn, the Defense Finance and Accounting Service (DFAS)-Indianapolis Center would be required to make payments of the MSP and any difference due between the current annual ISP versus MISP rates; or another option.
   
   b.  execute 3-year agreements of the MSP at $33,000/year and linked MISP at $50,000/year, both effective 1 July 2009, with MSP obligation commencing 
30 April 2021, and submit as part of his response to ARBA.  If approved by ARBA as the approval authority, agreements should be forwarded to this office for inclusion in the officer’s personnel file.  In turn, DFAS-Indianapolis Center would be required to make payments of the MSP and any difference due between the current annual ISP versus MISP rates.
   
   c.  Either contractual agreement executed above would have the obligation added to the education and training obligation of 30 April 2021, but run concurrent with the new fellowship training obligation expiring 29 April 2024.

9.  On 9 September 2011, the favorable advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  It appears from the available evidence the applicant was not properly advised of his eligibility and the procedural requirements to execute an MSP contract.

2.  The applicant requests that he be allowed to retroactively execute a 2-year MSP contract to be effective on a date prior to the time that he incurred the additional 2-year GME obligation for his current fellowship, which would allow the two obligations to be served concurrently.

3.  The Chief, AMEDD Special Pay Branch, has opined that the applicant is eligible to execute an antedated 2-year MSP on 1 July 2009, with an MSP obligation commencing 30 April 2021 and running concurrent with the new fellowship training obligation expiring on 29 April 2024.

4.  In view of the facts and equity considerations in this case, the applicant is entitled to execute a retroactive 2-year MSP contract for MSP and payment of any arrears.  In view of the foregoing, the applicant's records should be corrected as recommended below.


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.  showing the applicant entered into an antedated 2-year MSP contract for $17,000 per year, effective 2009, which would run concurrently with his existing GME obligation; and

	b.  processing the approved contract through the AMEDD Special Pay Branch, OTSG, to DFAS for audit and payment of any monies due the applicant in arrears as a result of these Proceedings.

      
      
      _______ _   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)                                         AR20110010558



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ABCMR Record of Proceedings (cont)                                         AR20110010558



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