IN THE CASE OF:
BOARD DATE: 12 April 2012
DOCKET NUMBER: AR20120002358
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 medical Incentive Special Pay (ISP) for the period 1 October 2010 through 30 September 2011.
2. The applicant states she was unaware she qualified for ISP. She adds:
* she completed her pediatric residency
* she is board certified
* she was offered and accepted a chief residency, which took up her time and prevented her from attending a briefing on special pays
3. The applicant provides:
* a 27 January 2012 memorandum from the Chief, Graduate Medical Education, Walter Reed National Military Medical Center (WRNMMC), Department of Pediatrics, Bethesda, MD
* electronic mail regarding ISP
* letter, dated 13 December 2010, from American Board of Pediatrics (ABP)
* memorandum requesting ISP
CONSIDERATION OF EVIDENCE:
1. The applicant is a Captain, Medical Corps. She completed her pediatric residency in early 2010 and she was appointed as Chief Resident in Pediatrics in
May 2010. She is a board certified pediatrician at WRNMMC; she took and passed the American Board of Pediatrics Certifying Examination on 18 October 2010.
2. In the processing of this case, on 28 February 2012, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General. The advisory official states the applicant was paid an ISP effective 1 November 2011 for 2011-2012. Due to extenuating circumstances, she did not submit an ISP request for 2010-2011 although she was qualified. The advisory official recommends granting relief.
3. A copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal. She did not respond.
4. Department of Defense Financial Management Regulation (DODFMR), Volume 7A, chapter 5 (Special Pay and Bonuses for Medical and Other Health Professions Officers) establishes requirements for an officers entitlement to special pays. Paragraph 0503 deals with ISP and states eligibility for ISP requires the officer:
* Be below the grade of O-7
* Have a current, valid, unrestricted license or approved wavier
* Have completed specialty qualification (board certification) before
1 October of the fiscal year in which the officer enters into an agreement
* 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
* Be currently credentialed and privileged at a military treatment facility in the specialty for which ISP is to be paid
5. The Office of The Surgeon General has stated completion of either board certification or a specialty residency program before 1 October of the fiscal year in which the officer enters into an agreement may establish qualification.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests retroactive payment of an ISP for the period 1 October 2010 through 30 September 2011.
2. As a graduate of the pediatric residency program in early 2010, she was qualified to receive an ISP for the period 1 October 2010 through 30 September 2011. Because of her appointment as Chief Resident of Pediatrics, WRNMMC, she failed to submit her ISP request in a timely fashion.
3. The applicant was qualified to receive an ISP and she performed her duties as a pediatrician. In the interest of equity, she should be paid her 2010-2011 ISP.
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 timely filed a request for ISP in pediatrics for the period 1 October 2010 through 30 September 2011 and her request was approved, and
b. paying her the appropriate ISP based on this correction.
___________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) AR20120002358
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