IN THE CASE OF:	  

		BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110011000 


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 entitlement to Incentive Special Pay (ISP) for the period 1 October 2009 to 30 September 2010.

2.  The applicant states:

	a.  He is eligible for ISP in the amount of $20,000.00 for his specialty of pathology effective 1 October 2009.  He graduated from pathology residency in June 2009 and he transferred to Tripler Army Medical Center (TAMC), Hawaii, in July 2009.  He was unaware of his eligibility for ISP after his arrival to TAMC.

	b.  After speaking with the special pay technician at TAMC he was told he was eligible to receive the ISP and he should have signed a special pay contract on 1 October 2009.  The special pay technician then initiated two ISP contracts on 3 November 2010; one contract was backdated to 1 October 2009 and the current contract was dated 1 October 2010.  The backdated contract was returned without action.

3.  The applicant provides:

* ISP contract effective 1 October 2009, dated 3 November 2010
* Indiana State Licensure
* memorandum from the Human Resources Division at TAMC requesting approval of late submission of the ISP, dated 3 November 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as a pathologist in the rank of captain assigned to TAMC, Hawaii.

2.  He provides documentation which shows he was board certified in pathology.

3.  He also provided a memorandum from the Chief, Military Personnel Operations, Human Resources Division, TAMC, dated 3 November 2010, for late submission of an ISP contract.  The memorandum states:

* the applicant was eligible to receive his ISP effective 1 October 2009
* he is currently pathology-certified and graduated residency effective 30 June 2009
* he was unaware he was eligible for ISP
* the late submission of the ISP contract was due to no fault of his own

4.  In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General.  The opinion states:

	a.  The ISP agreement requires execution and submission by the officer through his or her chain of command for payment.  Officers must execute their agreement no earlier than 90 days, but no later than 30 days, from the effective date.  After that period, the date of signature becomes the new effective date.

	b.  The applicant is requesting payment of an annual ISP agreement of $20,000.00 per year for the period 1 October 2009 to 30 September 2010 based on not being informed by his human resources office of his eligibility for the agreement 90 days post-graduation from his residency training program.

	c.  A review of his military pay file indicates no record of any ISP agreements being received from the command for the requested period.  The first processed ISP agreement of $20,000.00 per year was for the period 1 October 2010 to 30 September 2011.

	d.  That office recommends payment of the petitioned ISP agreement of $20,000.00 per year for the period 1 October 2009 to 30 September 2010.  No other agreements or payments are affected by this action.

	e.  That office cannot initiate payment for this period.  The period of arrears exceeds their authority as granted by the Defense Finance and Accounting Service Indianapolis Center.

5.  On 8 September 2011, the advisory opinion was furnished to the applicant for comment.  He did not respond within the given time frame.

6.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces.  For Army Medical Corps officers (physicians), these special pays are:  (1) Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty; (2) Board Certification Pay which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; (3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 
1-year active duty obligation that can be served concurrently with all other obligations; (4) ISP which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a1-year active duty obligation that may be served concurrently with all other obligations; and (5) Multiyear Special Pay which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion points out that there is no record of an ISP agreement submission for the period 1 October 2009 to 30 September 2010 in the applicant's military pay file.

2.  The evidence of record shows the applicant was eligible to execute a 1-year obligatory ISP for $20,000.00 per year effective 1 October 2009.

3.  Based on the foregoing, it would be equitable to correct the applicant's military records to show he executed an ISP contract for the period 1 October 2009 to 30 September 2010 and to pay him this specialty pay.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 individual concerned executed an ISP contract in sufficient time to be effective 1 October 2009 through 30 September 2010 and

	b.  paying him any monies, as appropriate, based on execution of the contract in the above paragraph.



      ____________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)                                         AR20110011000



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ABCMR Record of Proceedings (cont)                                         AR20110011000



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