IN THE CASE OF:
BOARD DATE: 26 January 2012
DOCKET NUMBER: AR20110019486
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 her records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2007 through 30 September 2008.
2. The applicant states she did not receive ISP in October 2007 despite completing her Family Residency in July 2007. She transferred from Tripler Army Medical Center (TAMC), HI, to Fort Irwin, CA, in July 2007 and was unaware of the need to seek ISP and not informed that she had not signed for ISP at Fort Irwin. The discovery that she had not received ISP in 2007 was made by a special pay clerk upon her arrival at her current duty station, Fort Gordon, GA.
3. The applicant provides copies of:
* email from Chief, Army Medical Department (AMEDD) Special Pay Branch, dated 25 Aug 11
* certificate of completion of Family Medicine Residency
* orders transferring her from TAMC, HI, to Fort Irwin, CA,
* orders transferring her from Fort Irwin, CA, to Fort Gordon, GA
* orders reassigning her to the Transition Point, Fort Gordon, GA
* Officer Record Brief
* DA Form 67-9 (Officer Evaluation Report) for the period 24 April 2011 through 30 September 2011
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a Medical Service Corps second lieutenant in the U.S. Army Reserve (USAR) effective 26 August 2000. Subsequent to completion of medical school, she entered active duty on 3 June 2004 as a MC captain/O-3. She served in various positions and attained the rank/grade of major (MAJ)/O-4.
2. The applicant completed her Family Medicine Residency on 30 June 2007 and had a General License to practice medicine in the state of Hawaii.
3. She was honorably discharged on 30 September 2011 as a MAJ. She had completed 7 years, 3 months, and 28 days of net active service.
4. In the processing of this case, an advisory opinion was obtained from the Chief, AMEDD, Special Pay Branch, Officer of the Surgeon General on
17 October 2011. The advisory official stated that she was eligible, served the time, and recommend payment at the FY08 rate of $13,000 per year for the period 1 October 2007 30 September 2008.
5. The applicant was provided a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
6. Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active for a period of not less than 1 year is entitled to special pay in accordance with this subsection. Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) an officer may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The amount of incentive special pay paid to an officer under this subsection may not exceed $50,000 for any 12-month period.
7. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant was eligible for ISP commencing on 1 October 2007, but she did not execute the ISP agreement because she was unaware of the need to seek ISP and not informed that she had not signed up for ISP at Fort Irwin.
2. The advisory opinion confirms she was entitled to ISP in the amount of $13,000 per year for the period 1 October 2007 through 30 September 2008. Therefore, her records should be corrected to provide for that payment.
3. In view of the foregoing, it would be appropriate to correct her records to show that she executed the appropriate written agreement to receive ISP in the amount of $13,000 per year for the period 1 October 2007 through 30 September 2008.
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 she requested payment of ISP in the amount of $13,000 per year for the period 1 October 2007 through 30 September 2008;
b. showing her application was timely received and processed by the Defense Finance and Accounting Service; and
c. paying her ISP at the rate of $13,000.00 per year, less deductions, for the period 1 October 2007 through 30 September 2008.
__________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) AR20100000623
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