IN THE CASE OF:	  

		BOARD DATE:  14 January 2014

		DOCKET NUMBER:  AR20130004343 


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 renegotiated 4-year Multi-year Special Pay (MSP) contract at $38,000.00 and linked Multi-year Incentive Special Pay (MISP) contract at $20,000.00 per year effective 1 September 2012 - 
31 August 2016 to align with his mandatory removal date (MRD) of 31 August 2016.

2.  The applicant states:

	a.  He applied for renewal of his special pay contracts but his application was disapproved due to reaching his MRD approximately one month prior to the expiration of the new active duty service obligation (ADSO) that would be incurred.  

	b.  Actions on extensions for his area of concentration (AOC) 61H (Family Physician) are generally favorable due to the low inventory of available family physicians.

	c.  The implications of the disapproval of his application for MSP/MISP have significant influence upon his financial remuneration.   

	d.  Signing a 4-year contract makes him eligible for the maximum MSP/MISP of $38,000.00 per year for his specialty.  

	e.  The option of a 3-year contract would decrease his entitlement by $13,000.00 per year.  He consulted with personnel from the U.S. Army Human Resources Command and Headquarters, Department of the Army and he was advised accordingly.  

	f.  He respectfully requests to align his previous MSP/MISP request to a new 4-year MSP $38,000/year plus MISP $20,000.00 per year effective 20120901-20160831. 

	g.  He understands that if approved, there would be a prorated recoupment of approximately $4,900.00 for the overlap of the old and new contracts. 

	h.  This would align with his current MRD and would enable eligibility of his present request to commit to a 4-year obligation.

3.  The applicant provides his Officer Record Brief and email messages.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 28 August 1954.  He was appointed a commissioned officer on 27 August 1987 and he is currently an Army Medical Corps (MC) lieutenant colonel serving on active duty as a family physician.

2.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, who states:

	a.  The applicant is requesting a retroactive renegotiated 4-year MSP contract at $38,000.00 and linked MISP contract at $20,000.00 a year effective 
1 September 2012 - 31 August 2016 to align with his MRD of 31 August 2016.

	b.  Because his request is effective in a previous fiscal year (FY), he is requesting Board intervention.

	c.  Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to the eligibility, requesting contract to be initiated, and executing the contract by signature 90 days in advance or within 30 days after effective day; otherwise, effective date must be reestablished as date of signature.  

	d.  All contracts executed outside of the policy for signature date or received outside the funded FY are returned without action.

	e.  A review of special pay and finance records indicate the applicant has an expired 4-year MSP contract at $38,000.00 and linked MISP contract at $20,000.00 a year effective 1 October 2008 - 30 September 2012.  Additionally, he had submitted a 4-year MSP contract at $38,000.00 and linked MISP contract at $20,000.00 a year effective 1 October 2012 - 30 September 2016; however, it was returned without action due to his MRD of 31 August 2016, which does not provide adequate time to complete the obligatory contractual period.  

	f.  With knowledge of a pending MRD of 31 August 2016, prior planning would have dictated a renegotiated 4-year MSP contract at $38,000.00 and linked MISP contract at $20,000.00 a year effective 1 September 2012 - 31 August 2016.  Any overlapping period with the previous MSP and MISP contracts would require a prorated recoupment.  

	g.  The applicant was eligible for the requested retroactive renegotiated MSP and MISP contracts and it would be suitable for approval and payment as directed by Board decision. 

3.  The advisory opinion was provided to the applicant to afford him the opportunity to provide comments and/or a rebuttal.  He responded and stated:

	a.  He was aware that the suspense date of 15 days from the date of the letter of notification had been exceeded.  He underwent a change of command on 
13 June 2013 and he had been enroute to his new duty station resulting in the delayed of the forwarded mail.

	b.  He is eligible for the special pays he requested, generating a subsequent 4-year ADSO.  His request was returned without action due to reaching his MRD one month prior to the expiration of the 4-year ADSO.  He pursued obtaining an extension to his MRD but he was informed that he cannot request the extension until he is within 2 years of his MRD.

	c.  He humbly requests favorable action to his request for special pays.  It is his desire to continue to provide dedicated service as a U.S. Army physician but he also desires to be duly compensated conjointly with his peers.

4.  MC special pay is authorized by Congress in Title 37, U.S. Code.  MSP is paid to specific MC officers possessing a current unrestricted license (or approved waiver) based on specialty and execution of contract.  A 2, 3, or 4-year active duty obligation is incurred based upon the executed contract.  MISP is paid annually and currently authorized for all Army MC specialties. 

This incentive requires a written agreement to remain on active duty for 1 year from the agreement effective date.  The amount of MISP received is dependent upon the medical specialty.  The MSP obligation runs concurrently with MISP, but is in addition to all education or training obligations.  Lump sum payment minus taxes based on rate for specialty is payable annually on the anniversary date.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant is eligible for the requested retroactive renegotiated 4-year MSP contract in the amount of $38,000.00 per year and linked MISP contract in the amount $20,000.00 per year as confirmed by the AMEDD Special Pay Branch.

2.  Evidence also shows that he submitted a 4-year MSP contract and linked MISP contract but his request was disapproved due to reaching his MRD one month prior to the expiration of his ADSO.  

3.  Therefore, in view of the foregoing, it would be appropriate to correct his records to show he entered into a renegotiated MSP/MISP agreement authorizing an MSP payment at $38,000 per year with a linked MISP at $20,000 per year for the period 1 September 2012 through 31 August 2016.  Prorated recoupment is required for the overlapping period.  

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.  correcting his records to show that he executed a 4-year MSP contract and linked MISP contract to be effective from 1 September 2012 through 
31 August 2016;

	b.  showing his application was timely received and approved by the appropriate approval authority; and  

	c.  having his renegotiated contracts audited by DFAS to establish the appropriate payments and prorated recoupment amounts for any overlapping periods.



      _______ _  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)                                         AR20130004343



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ABCMR Record of Proceedings (cont)                                         AR20130004343



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