BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110020068
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, correction of her records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) from 1 October 2010 through 30 September 2011.
2. The applicant states she was under the impression that she did not qualify for the ISP immediately out of residency; so, she did not file for it. However, after meeting with her human resources office personnel, it was determined that she qualified for this pay.
3. The applicant did not provide any evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a Reserve commissioned officer in the rank of second lieutenant and she executed an oath of office on 10 April 2003. She attended the Army Medical Department Officer Basic Course at Fort Sam Houston, TX, from 13 June to 22 July 2005.
2. She entered active duty on or about 1 July 2007 as an MC captain (CPT)/O-3. She was assigned to Brooke Army Medical Center, Fort Sam Houston, TX.
3. An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 17 October 2011 in the processing of this case. The Chief, Army Medical Department, Special Pay Branch, OTSG recommended approval. He stated:
a. An ISP agreement requires execution and submission by eligible officers through their chain of command for payment. A review of the applicant's military pay file indicates no record of an ISP agreement being received from the command during the requested period. The applicant did execute and receive payment of an annual ISP agreement effective 1 October 2011.
b. Although officers bear responsibility for their part of the agreement execution and submission, the outstanding ISP agreement for the period requested is based on time being served and the extenuating circumstances.
c. His office cannot initiate payment for this period. The period of arrears exceeds his office's authority as granted by the Defense Finance and Accounting Service (DFAS). The official recommended payment of $20,000/year to be effective for the period 1 October 2010 to 30 September 2011.
4. She was provided with a copy of the advisory opinion but she did not respond.
5. 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.
6. 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 2010 but she did not execute the ISP agreement due to what appears to be an administrative oversight.
2. The advisory opinion confirms she was entitled to ISP in the amount of $20,000 pay for the period 1 October 2010 through 30 September 2011. Therefore, her records should be corrected to provide her 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 $20,000 pay for the period 1 October 2010 through 30 September 2011.
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:
* showing she requested payment of ISP in the amount of $20,000 for the period 1 October 2010 through 30 September 2011
* showing her application was timely received and processed by DFAS
* paying her ISP at the rate of $20,000.00, less deductions, for the period
1 October 2010 through 30 September 2011
_______ _ 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) AR20110020068
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ABCMR Record of Proceedings (cont) AR20110020068
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