IN THE CASE OF:
BOARD DATE: 18 July 2013
DOCKET NUMBER: AR20130002592
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, retroactive award of a 4-year Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (MISP) from 1 October 2012 through 30 September 2016.
2. The applicant states:
a. Her MSP/MISP medical contracts were not executed on time. There was an error which had to be corrected before she could sign them because she had recently completed a second residency. Her first residency was reflected on the paperwork. She was able to execute the contracts on 10 December 2012. The previous contract expired on 30 September 2012. The new one should have been effective 1 October 2012.
b. At the time she went into the residency, she was assured that she would continue to receive the MSP/MISP bonuses throughout and the bonuses would not be affected by her entering the Aerospace Medicine residency. She feels the wrong date is an injustice because she and her human resources department did everything in their power to execute the contract in a timely fashion. They made telephone calls to various individuals trying to get it corrected, but it was a long process. She also attempted to resolve it with the Office of the Surgeon General (OTSG) Special Pay Branch, but that office advised her that they did not have the power to correct the date on the contract.
3. The applicant provides copies of her MSP/MISP contracts and email correspondence between herself and the OTSG Special Pay Branch.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a major in the U.S. Army Reserve, Medical Corps, on 16 April 2004. She was ordered to active duty and entered active duty on 3 August 2004.
2. In the advisory opinion, dated 6 June 2013, the Chief, Army Medical Department (AMEDD) Special Pay Branch, stated:
a. The applicant requests a retroactive 4-year MSP contract at $25,000.00 and a linked MISP contract at $20,000.00/year effective 1 October 2012 through 30 September 2016 as a residency-trained specialist in Aerospace Medicine. The applicant indicates the delay in submitting the contracts with the correct effective date was due to numerous errors requiring correction.
b. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, request for initiation of contract, and execution of the contract by signature up to 90 days in advance or within 30 days after the effective date. Otherwise the effective date must be reestablished as 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 special pay and finance records indicate the applicant has an expired 4-year MSP contract at $30,000.00 and a linked MISP contract at $20,000.00/year effective 1 October 2008 through 30 September 2012. Additionally, the applicant submitted a 4-year MSP contract at $25,000.00 and a linked MISP contract at $20,000.00/year effective 1 October 2012 through 9 December 2016. However, it was returned without action at the officer's request since the contract would cause a consecutive obligation that the officer did not want to incur.
d. The applicant was not aware that a break between contractual periods would cause her newly-executed contracts and obligation to become a consecutive obligation to her training obligation. Not desiring that outcome, the applicant indicates errors caused the delay and she requests a retroactive 4-year MSP contract at $25,000.00 and a linked MISP contract at $20,000.00/year effective 1 October 2012 through 30 September 2016.
3. On 11 June 2013, the opinion was forwarded to the applicant for acknowledgement and comment. She did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was fully eligible for the requested MSP and MISP contracts for the period 1 October 2012 through 30 September 2016, but a delay caused her not to receive the bonuses. The AMEDD Special Pay Branch could not initiate corrective action because the delay caused the contracts to be executed outside of the policy for signature date or received outside the funded fiscal year.
2. In view of the facts in this case, she is entitled to payment of the MSP/MISP bonuses for the period 1 October 2012 through 30 September 2016.
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 showing the
applicant was approved for a 4-year MSP contract at $25,000.00 and a linked MISP contract at $20,000.00/year effective 1 October 2012 through 30 September 2016.
_______ _ 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.
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