IN THE CASE OF:
BOARD DATE: 31 July 2012
DOCKET NUMBER: AR20120002748
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, he be authorized the retroactive 4-year Multiyear Special Pay (MSP) at $20,000.00/year and linked Multiyear Incentive Special Pay (MISP) at $20,000.00/year for the period 10 May 2010 to 9 May 2014.
2. The applicant states:
* As of May 2010 he had completed his active duty service obligation as a result of his medical training and he became eligible for an MSP and MISP contract
* He was not offered the opportunity to sign such a contract before starting his fellowship in July 2010 at which point he incurred an additional obligation
* Had he been offered that option, he would have been able to benefit from the increased pay of the MSP and MISP and the service obligation would have run concurrently with the fellowship and fellowship obligation
3. The applicant provides:
* Email from the Chief, Army Medical Department (AMEDD) Special Pay Branch verifying his eligibility for MSP and MISP
* Fiscal Year 2010 Army Medical Corps Special Pay Policy, Plans and Rates
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of lieutenant colonel as a Medical Corps officer. His specialty is physical medicine.
2. He completed Fellowship Training in Pain Management at Walter Reed Army Medical Center/National Naval Medical Center during the period 1 July 2010 to 30 June 2011.
3. In the processing of this case, on 13 July 2012, an advisory opinion was obtained from the Chief, AMEDD Special Pay Branch of the Office of the Surgeon General. The opinion states:
a. eligibility for the MSP and MISP agreements requires completion of all education and training obligations, or 8 years of creditable service from the Health Profession Pay Entry Date (HPPED).
b. the applicant is eligible to execute in Fiscal Year (FY) 2010 the 4-year MSP at $20,000.00/year and linked MISP at $20,000.00/year effective for payment from 10 May 2010 to 9 May 2014, based on the 8 years of creditable service from HPPED; however, the special pay obligation would be served/added to the end of the existing education and training obligation (17 May 2010 +
4 years = 17 May 2014).
c. the applicant can execute 4-year agreements of the MSP at $20,000.00/year and linked MISP at $20,000.00/year, both effective for payment 10 May 2010 to 9 May 2014, with MSP obligation expiring 17 May 2014. The Defense Finance and Accounting Service (DFAS) Indianapolis Center (DFAS-IN) would be required to make payments of the above MSP and any difference due between the above MISP and the current annual Incentive Special Pay (ISP) paid $20,000.00/year paid on 1 October 2010 and 1 October 2011.
d. in accordance with Chapter 20 (Settlement actions resulting from correction of records by the Army Board for Correction of Military Records (ABCMR) of Army Regulation 37-104-4 (Military Pay and Allowances Policy), dated 8 June 2005, only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR. Therefore, any relief granted should be addressed for action to the Corrections Claims Section, DFAS-IN.
4. The advisory opinion was furnished to the applicant for review and possible rebuttal. On 13 July 2012, the applicant concurred with the advisory opinion.
5. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the Armed Forces. For Army Medical Corps officers (physicians), these special pays include MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations; and MSP, which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.
DISCUSSION AND CONCLUSIONS:
1. The advisory official points out that based on the 8 years of creditable service from HPPED, the applicant is eligible to execute in FY2010 the 4-year MSP at $20,000.00/year and linked MISP at $20,000.00/year effective 10 May 2010 to
9 May 2014, with MSP obligation expiring on 17 May 2014.
2. Based on the foregoing, it would be equitable to correct the applicant's military record to show he was authorized the retroactive 4-year MSP agreement at $20,000.00/year and linked MISP at $20,000.00/year effective 10 May 2010 to
9 May 2014. As a result, he should be paid the difference each year between the 4-year MISP agreement at $20,000.00/year and the annual ISP agreements paid $20,000.00/year for the dates 1 October 2010 and 1 October 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:
a. showing he executed and was authorized the retroactive 4-year MSP agreement at $20,000.00/year and linked MISP agreement at $20,000/year effective 10 May 2010 to 9 May 2014, with MSP obligation expiring on 17 May 2014; and
b. paying him the difference each year between the existing ISP of $20,000.00/year and the new MISP of $20,000.00/year for the dates 1 October 2010 and 1 October 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) AR20120002748
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