IN THE CASE OF:	  

		BOARD DATE:	    29 May 2012

		DOCKET NUMBER:  AR20120005318 


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 he be authorized the retroactive 4-year Oral and Maxillofacial Surgeon (OMFS) Incentive Special Pay (ISP) at $50,000.00/year for the period 1 November 2009 to 31 October 2013.

2.  The applicant states:

	a.  he signed a 4-year multiyear plan to serve as an oral and maxillofacial surgeon in 2009 for $50,000.00 per year.  He could have signed up to receive ISP of $50,000.00 per year extra but instead he only received $30,000.00 per year in 2009, 2010, and 2011.  That was $20,000.00 less per year that he could have received.

	b.  he did not know he was eligible to sign for the OMFS ISP at the $50,000.00 rate versus the $30,000.00 rate. The higher rate was put out to the field later in the same fiscal year after he had already signed the multiyear agreement.  He would like to recover the $60,000.00 plus be paid $50,000.00 not $30,000.00 in 2012.      

3.  The applicant provides:

* Dental Officer Multiyear Retention Bonus (DOMRB) agreement
* OMFS ISP agreements for 2010 and 2011
* Email, dated 14 March 2011, from the Office of the Surgeon General


CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty as a dental officer in the rank of colonel assigned to Fort Campbell, KY.

2.  He signed a 4-year DOMRB in 2009.

3.  He provided documentation which shows he signed OMFS ISP agreements in 2009, 2010, and 2011 for $30,000.00 each year.

4.  In the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of the Surgeon General.  The opinion states:

	a.  the applicant signed a 4-year DOMRB agreement at $50,000.00/year effective 1 November 2009 to 31 October 2013, and supplemented with annually executed ISP agreements at $30,000.00/year.  Based on the executed DOMRB agreement, he was authorized and should have executed the 4-year OMFS ISP agreement at the higher $50,000.00/year rate versus the annual $30,000.00/year agreements.

	b.  a review of his military pay file indicates annual OMFS ISP agreements paid at $30,000.00/year in 2009, 2010, and 2011.

	c.  although the applicant must bear responsibility for his part of the agreement execution, the oversight may be contributed to the new higher OMFS ISP rate authorized in conjunction with a DOMRB.  That office recommends the applicant be authorized the retroactive 4-year OMFS ISP agreement at $50,000.00/year effective 1 November 2009 to 31 October 2013.

	d.  that office recommends the applicant be paid the difference each year between the 4-year OMFS ISP agreement at $50,000.00/year and the annual OMFS ISP agreements paid $30,000.00/year for the dates 1 November 2009, 
1 November 2010, and 1 November 2011.  Also, establish future payment of last $50,000.00 for 1 November 2012.  No other agreements or payments are affected by this action.

	e.  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, Defense Finance and Accounting Service (DFAS) – Indianapolis 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.	 

5.  On 10 April 2012, the advisory opinion was furnished to the applicant for comment.  He did not respond within the given time frame.

6.  Paragraph 0604 (ISP) of Department of Defense Financial Management Regulation, Volume 7A, Chapter 6 (Special Pays for Dental Officers) states in order to be eligible for ISP under this section, a person must be a Dental Corps officer who is an oral and maxillofacial surgeon who:

* Is below the grade of O-7
* Has a current, valid, and unrestricted license or approved waiver
* Has completed specialty qualification before October 1, of the fiscal year in which the officer enters into an agreement
* Executes 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 advisory official points out the applicant signed a 4-year DOMRB agreement at $50,000.00/year effective 1 November 2009 to 31 October 2013, and supplemented with annually executed ISP agreements at $30,000.00/year.  Based on the executed DOMRB agreement, he was authorized and should have executed the 4-year OMFS ISP agreement at the higher $50,000.00/year rate versus the annual $30,000.00/year agreements.

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 OMFS ISP agreement at $50,000.00/year effective 1 November 2009 to 31 October 2013.  As a result, he should be paid the difference each year between the 4-year OMFS ISP 
agreement at $50,000.00/year and the annual OMFS ISP agreements paid $30,000.00/year for the dates 1 November 2009, 1 November 2010, and 
1 November 2011.  Also, his last OMFS ISP agreement of $50,000.00 should be paid on 1 November 2012.  




BOARD VOTE:

___X____  __X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 OMFS ISP agreement at $50,000.00/year effective 1 November 2009 to 31 October 2013;

	b.  paying him the difference each year between the 4-year OMFS ISP agreement at $50,000.00/year and the annual OMFS ISP agreements paid $30,000.00/year for the dates 1 November 2009, 1 November 2010, and 
1 November 2011; and

	c.  establishing a future payment of his final OMFS ISP agreement of $50,000.00 for 1 November 2012.  



      ___________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)                                         AR20120005318





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ABCMR Record of Proceedings (cont)                                         AR20120005318



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