IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110025077
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 his records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) for 2006, 2007, and 2009.
2. The applicant states he discovered that after his return from Kenya and before his deployment to Iraq that the ISP for the three listed years had not been paid. He relied on his personnel office to advise him of the needed paperwork.
3. The applicant provides reconstructed requests for ISP for the years 2006, 2007, and 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Medical Service Corps second lieutenant in the U.S. Army Reserve (USAR) and he executed an oath of office on 10 March 1997.
2. Subsequent to completion of medical school, he was appointed as an MC captain (CPT)/O-3 on 13 December 2002. He served in various positions, within and outside the continental United States and attained the rank/grade of major (MAJ)/O-4.
3. In 2007, he received verification of certification by the American Board of Preventive Medicine in Public Health and Preventive Medicine. His certification is valid from January 2007 through January 2017.
4. In the processing of this case, an advisory opinion was obtained on 28 February 2012 from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG). An official stated that:
* A review of the applicant's military pay file indicated no record of ISP agreements was received from the command or paid for the requested periods
* The applicant executed an annual ISP agreement effective 1 October 2008 and received a payment of $20,000/year
* Although he bears the responsibility for his part of the agreement execution, based on extenuating circumstances, his outstanding ISP agreements should be honored
* OTSG is precluded by the Defense Finance and Accounting Service (DFAS) from initiating payments for the requested periods
* Retroactive payment of ISP agreements is recommended as follows: ISP 1 October 2006/$13,000; ISP 1 October 2007/$13,000, and ISP 1 October 2009/$20,000
5. The applicant was provided with a copy of the advisory opinion for information and to allow him the opportunity to submit comments but he 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 2006, 1 October 2007, and 1 October 2009 but he did not execute the ISP agreement due to what appears to be operational tempo and/or an administrative oversight.
2. The advisory opinion confirms he was entitled to ISP in the amount of $13,000 per year for the period 1 October 2006 and 1 October 2007 and ISP in the amount of $20,000 for the period 1 October 2009. Therefore, his records should be corrected to provide for that payment.
3. In view of the foregoing, it would be appropriate to correct his records to show that he executed the appropriate written agreement to receive ISP in the amount of $13,000 per year for the period 1 October 2006 and 1 October 2007 and the amount of $20,000 for the period 1 October 2009.
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 he requested payment of ISP in the amount of $13,000 per year for the period 1 October 2006 - 30 September 2008 and ISP in the amount of $20,000 for the period 1 October 2009 - 30 September 2010
* showing his application was timely received and processed by DFAS
* paying him ISP at the rate of $13,000.00 per year, less deductions, for the period 1 October 2006 - 30 September 2008 and ISP at the rate of $20,000.00 less deductions, for 1 October 2009 - 30 September 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) AR20110025077
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ABCMR Record of Proceedings (cont) AR20110025077
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