BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130002374 


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, a retroactive rate adjustment of her 1-year Incentive Special Pay (ISP) contracts effective 1 October 2008 [hereinafter referred to as contract 1], 1 October 2009 [hereinafter referred to as contract 2], and 1 October 2010 [hereinafter referred to as contract 3] to show an ISP rate of $36,000.00 per year vice $31,000.00 per year.

2.  The applicant states the contracts prepared by the special pay division correctly listed her as Obstetrics/Gynecology (OB/GYN) but failed to reflect the additional sub-specialty training in Maternal Fetal Medicine that would have resulted in the correct ISP contract and pay.  She submitted her fellowship diploma for Maternal Fetal Medicine; however, the special pay division failed to update her status.

3.  The applicant provides:

* ISP contracts 1, 2, and 3
* Certificate of training, Fellowship in Maternal Fetal Medicine, dated 
30 June 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant and she executed an oath of office on 14 May 1999.  
2.  She entered active duty on or about 14 May 1999, she was appointed as a Medical Corps (MC) captain (CPT)/O-3 on 15 May 1999, and she was assigned to the Uniformed Service University of Health Sciences, Bethesda, MD.

3.  Her record contains certificates of training, electing her a fellow of:

* The American College of OB/GYN, for medical research and education in OB/GYN, dated 30 June 2006
* Georgetown University Hospital, for Maternal Fetal Medicine, dated 
30 June 2008

4.  An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 6 June 2013.  The advisory official recommended approval and stated: 

	a.  The applicant is requesting a retroactive rate adjustment to contract 1, 2, and 3, which were 1-year ISP contract of $31,000.00 per year, to $36,000.00 per year based on her contract not being prepared at the fellowship pay rate.  The applicant is requesting Army Board for Correction of Military Records intervention because the request is effective in the previous fiscal year.

	b.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting the contract be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise the effective date must be established as of the date of signature.  All contracts executed outside of the policy for signature date or received outside the funded fiscal year are returned without action.

	c.  A review of her special pay and finance records indicate she had executed and was paid three 1-year ISP contracts of $31,000.00 per year effective 
1 October 2008, 1 October 2009, and 1 October 2010.  The applicant's fellowship specialty pay rate was completed correctly on all subsequent contracts.

	d.  The applicant was aware of the higher pay fellowship pay rate and should have ensured the contract she executed contained the correct information.

	e.  The applicant was eligible for the requested retroactive rate increase to her three 1-year ISP contracts of $36,000.00 per year.  It would be appropriate for approval and payment as directed by Board decision.  The total amount due is $15,000.00 prior to any withholding adjustments. 

5.  She was provided with a copy of the advisory opinion but she did not respond.

6.  Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active for a period of not less than 1 year is entitled to special pay in accordance with this subsection.  Subsection 5(b), paragraph (1) states that subject to subsection (c) and paragraph (2) and under regulations prescribed under section 303a(a) an officer may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training.  The amount of incentive special pay paid to an officer under this subsection may not exceed $50,000 for any 12-month period.

7.  Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence indicates the applicant was eligible for three ISP contracts in the amount of $36,000.00 effective 1 October 2008, 1 October 2009, and 1 October 2010 but received the lower amount of $31,000.00 due to what appears to be an administrative oversight.

2.  The advisory opinion confirms she was entitled to ISP in the amount of $36,000 pay for contract 1, 2, and 3.  

3.  In view of the foregoing, it would be appropriate to correct her records to show that she executed the appropriate written agreement to receive ISP in the amount of $36,000.00 pay for contracts 1, 2, and 3 effective 1 October 2008, 
1 October 2009, and 1 October 2010, and paying her the additional $15,000.00 she is owed as a result of this correction.

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:

* showing she requested payment of ISP in the amount of $36,000.00 for ISP contracts effective 1 October 2008, 1 October 2009, and 1 October 2010
* showing her applications were timely received and processed by DFAS
* paying her the additional ISP of $15,000.00 she is owed as a result of this correction, minus deductions



      _______ _   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)                                         AR20130002374





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