IN THE CASE OF:	  

		BOARD DATE:	  27 March 2012

		DOCKET NUMBER:  AR20120002928 


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 3-year Multi-year Special Pay (MSP) contract for $33,000.00 per year, effective 2009, which would run concurrently with his existing Graduate Medical Education (GME) obligation.

2.  The applicant states he was incorrectly advised he did not meet the criteria for an MSP contract in 2009.  He submitted an application for correction of his military records to the Army Board for Correction of Military Records (ABCMR) in May 2011.  An advisory opinion concerning his case was rendered and sent to him in September 2011; however, he did not receive the advisory opinion until January 2012.  The advisory official stated he met the criteria for either a 2 or
3-year MSP contract with the same Active Duty Obligation (ADO) and requested he respond.  Since he did not receive the advisory opinion in a timely manner, he was unable to respond to the correspondence prior to the Board completing their action on his case.  The Board granted him the 2-year MSP with linked contract as he had initially requested; however, had he been able to respond to the advisory opinion, he would have requested the option presented which would have allowed him to enter into a 3-year MSP with linked contract. 

3.  The applicant provides his previous application, advisory opinion, email correspondence, several All Army Activities Messages, and Board proceedings. 


CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he attended the U.S. Military Academy at West Point, he was awarded a Bachelor of Science Degree in Chemistry and Life Science, and he was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) 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 USAR 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, VA, memorandum that 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, 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 his previous 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 advisory official noted the applicant was 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 advisory official stated eligibility for the MSP and MSIP agreements require completion of all education and training obligations –or 8 years of creditable service.  The applicant was eligible to execute a 2-year MSP at 


$17,000.00 per year and linked MSIP at $50,000.00 per 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 advisory official further opined the applicant could:

	a.  execute 2-year agreements of the MSP at $17,000.00 per year and linked MISP at $50,000.00 per year, both effective 1 July 2009, with MSP obligation commencing on 30 April 2021, and submit them as part of his response to the ABCMR.  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 Incentive Special Pay (ISP) versus MISP rates, or another option.

	b.  execute 3-year agreements of the MSP at $33,000.00 per year and linked MISP at $50,000.00 per year, both effective 1 July 2009, with MSP obligation commencing 30 April 2021, and submit as part of his response to the ABCMR.  If approved by the Board, agreements should be forwarded to the OTSG for inclusion in the applicant's personnel file.  In turn, DFAS - Indianapolis Center would be directed 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 on 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.

10.  The applicant states he did not receive the advisory opinion notifying him of the options available to him until after his case was acted upon and favorably closed by the Board.  He further states had he received the advisory opinion, he would have responded promptly and chosen the 3-year MSP with linked MISP that he was eligible for with the same ADSO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be allowed to enter into a 3-year MSP contract for $33,000.00 per year, effective 2009, which would run concurrently with his existing GME obligation.
2.  The Chief, AMEDD Special Pay Branch, has opined that the applicant is eligible to execute an antedated 3-year MSP on 1 July 2009, with an MSP obligation commencing on 30 April 2021 and running concurrent with the new fellowship training obligation expiring on 29 April 2024.

3.  In view of the foregoing and equity considerations in this case, the applicant is entitled to execute a retroactive 3-year MSP contract for MSP and payment of any arrears.  Therefore, 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 3-year MSP contract for $33,000.00 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 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)                                         AR20120002928



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ABCMR Record of Proceedings (cont)                                         AR20120002928



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