IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130003638
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, correction of the effective date of his 1-year Incentive Special Pay (ISP) contract.
2. The applicant states he received ISP at a later date and he needs this information corrected so he can receive ISP for this year.
3. He provides his ISP contract, dated 5 October 2012.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty as an internal medicine physician. He was promoted to the rank/grade of major/O-4 on 10 June 2013.
2. On 20 November 2011, he successfully completed his Internal Medicine Residency at William Beaumont Army Medical Center.
3. In a memorandum from the applicant to the Office of The Surgeon General (OTSG) he agreed to serve 1-year of continuous active duty effective "20121005" for a lump sum amount of $20,000.00.
4. An advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG, dated 13 May 2013, in the processing of this application. The advisory official states:
a. The applicant is requesting that his initial 1-year ISP contract effective date be corrected from 5 October 2012, to align with recalculated effective date based on the Department of Defense (DoD) policy.
b. The initial effective day of an ISP contract was established by DoD as
90 days post graduation from the officer's initial residency training program. A review of available personnel data indicates he graduated from his initial internal medicine residency on 20 November 2011; therefore, 90 days from that date was 21 February 2012.
c. Based on the above details, the applicant's initial 1-year ISP contract at $20,000.00/year effective 5 October 2012, should be changed in the personnel and finance system to 21 February 2012.
5. On 14 May 2013, the applicant was provided a copy of the advisory opinion in order to allow him the opportunity to submit comments or a rebuttal. To date, the applicant has not provided a response.
6. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces. ISP 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant successfully completed his Internal Medicine Residency on 20 November 2011. As noted in the advisory opinion, the effective day of an ISP contract was established by DoD as 90 days post graduation from the officer's initial residency training program. Therefore, his ISP contract should be corrected to show an effective date of 21 February 2012.
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 the applicant executed an ISP contract on 21 February 2012 and
b. paying him any monies due based on the above correction.
_______ _ 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) AR20130003638
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