IN THE CASE OF:	  

		BOARD DATE:	  19 July 2012

		DOCKET NUMBER:  AR20120007132 


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 payment of incentive special pay (ISP) or multi-year specialty pay (MISP) for the periods between April 2009 and April 2012.

2.  He states:

	a.  his Special Pay Records Brief shows he has not received entitlement to ISP/MISP since the year of his eligibility.

	b.  in accordance with All Army Activities (ALARACT) Message Number 367/2010, Army Medical Corps Officer Special Pay Policy, Plan, and Rates, Date-Time Group (DTG) 061815Z, December 2010, he should have been advised and allowed to receive this incentive pay for the time period between April 2009 and April 2012 or he should have been required to file a memorandum stating he was briefed on the entitlement or if he intended to decline ISP/MISP entitlements, formally decline the special pay.

3.  He provides:

* Supplemental letter
* Certificate of completion of a Family Medicine Residency program
* Medical license and hospital credentials
* Special Pay Record Brief


* Officer Record Brief
* ALARACT message number 367/2010, DTG 061815Z, December 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank/grade of major (MAJ)/O-4.

2.  The applicant was appointed as a Reserve commissioned officer on 1 August 1996.

3.  He provided the following documents:

	a.  Certificate from the U.S. Army Medical Department, showing he completed training in Family Medicine Residency at Carl R. Darnall Army Medical Center, Fort Hood, TX from 1 July 2006 to 6 April 2009.

	b.  Certificate from the American Academy of Family Physicians, showing he completed his residency in Family Medicine in 2009.

	c.  Memorandum for Record, issued by Headquarters, Carl R. Darnall Army Medical Center, Fort Hood, dated 2 March 2012, showing his staff affiliation dates as 16 July 2004 to 20 April 2007 and 7 May 2009 to the present time.

	d.  Special Pay Record Brief, dated 30 March 2012, showing he was not paid any ISP/MISP incentives.

4.  He also provided a memorandum, dated 28 March 2012, that states:

	a.  he attended the Family Medicine Residency from June 2006 to April 2009.  Since he finished the program 2 months early and because of his rank and prior deployment experience, he was moved to the 3rd Armored Cavalry Regiment.  This unit was preparing for deployment to Iraq at the time.

	b.  he was the only military physician assigned to the regiment so he began working immediately following residency in that table of organization and equipment (TO&E) position.

	c.  he was assigned to the Warrior Transition Unit (WTU) after leaving the 3rd Armored Cavalry in late 2010.  He was again the only active duty physician.


	d.  he was not present for the residency's graduation or for the last month of the formal residency track because of his movement pattern.  It's during this month that graduating physicians are briefed on their entitlements and advised about ISP/MISP.  He was not aware that board eligible physicians after successfully completing an accredited residency program are then eligible to file for ISP/MISP or that ISP/MISP is a separate process from medical additional special pay (MASP).

	e.  he has filed for MASP for each year he was eligible; however, he was never advised he was eligible for or able to file for ISP/MSIP.

5.  In the processing of this case, a staff advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General.  The advisory official stated:

	a.  a review of the applicant's military pay file indicates no record of ISP agreements being received from the command or paid for the requested period.  The applicant executed a 2-year MISP for $17,000.00 per year and linked it with a multi-year ISP for $20,000.00 per year, effective 1 March 2012 to 28 February 2014.

	b.  the ISP eligibility criteria includes a valid, unrestricted license; being privileged in specialty; performing patient care in specialty; and the initial ISP agreement effective date was established 3 months post-completion of qualifying training.  Since the applicant graduated from residency training on 6 April 2009, his initial ISP agreement effective date is 7 July 2009.

	c.  although officers must bear responsibility for their part of the agreement eligibility criteria execution and submission, the outstanding ISP agreements for the period requested can be supported based on the time served and the aforementioned extenuating circumstance in the applicant's petition.

	d.  in order to correct the situation within the applicant's request and within established policies and procedures, recommend payment of retroactive ISP agreements at $20,000.00 per each year, effective 7 July 2009 to 6 July 2010 and 7 July 2010 to 6 July 2011.  Additionally, the applicant would be eligible prior to the previous mentioned MSP/MISP agreements, a prorated ISP agreement for approximately $13,055.00, effective 7 July 2011 to 28 February 2012.

6.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 23 May 2012, the applicant concurred with the advisory opinion.


7.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces.  For Army Medical Corps officers (physicians), these special pays are:

	a.  Variable Special Pay, which is paid to all Medical Corps officers monthly upon entry on active duty;

	b.  Board Certification Pay, which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date;

	c.  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;

	d.  ISP, which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations; and

	e.  MISP, 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.  This pay is authorized concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record does not indicate he submitted an ISP/MISP contract for the periods April 2009, April 2010, April 2011, and April 2012.

2.  The applicant graduated from residency training on 6 April 2009 and his initial ISP agreement effective date was established as 7 July 2009.

3.  The Chief of the AMEDD Special Pay Branch supported payment of retroactive ISP agreements at $20,000.00 per each year, effective 7 July 2009 to 6 July 2010 and 7 July 2010 to 6 July 2011.  Additionally, the applicant is eligible for a prorated ISP agreement for approximately $13,055.00, effective 7 July 2011 to 28 February 2012.

4.  In view of the foregoing, his records should be corrected to show entitlement to these medical specialty pay bonuses.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing he was issued an ISP contract effective 7 July 2009 with an obligation through 6 July 2010; 

	b.  showing he was issued an ISP contract effective 7 July 2010 with an obligation through 6 July 2011;

	c.  showing he was issued a prorated ISP contract effective 7 July 2011 to 
28 February 2012 for approximately $13,055.00; and 

	d.  paying him based on the contracts executed in paragraphs a through c above.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him ISP/MISP medical specialty pay bonuses for the periods ending April 2009, April 2010, April 2011 and April 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)                                         AR20120007132



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ABCMR Record of Proceedings (cont)                                         AR20120007132



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