IN THE CASE OF:	  

		BOARD DATE:	  8 August 2013

		DOCKET NUMBER:  AR20130008776 


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 existing 1-year Incentive Special Pay (ISP) contract for the period 1 October 2012 through 30 September 2013 [hereinafter referred to as the existing contract] to show an ISP rate of $36,000.00 per year vice $31,000.00 per year.

2.  The applicant states she graduated from the Reproductive Endocrinology and Infertility Subspecialty Fellowship in July 2012.  She received an Army Medical Department (AMEDD) ISP in October 2012.  The Medical Occupational Data System (MODS) and the Defense Finance and Accounting Service (DFAS) verified her existing ISP contract was for $31,000.00.  After she completed her fellowship the correct amount should have been $36,000.00.  Therefore, she was not paid at the correct ISP rate and is entitled to an additional $5,000.00.

3.  The applicant provides:

* Approved request/contract, Medical Additional Special Pay (MASP), dated 28 March 2012
* Certificate of training, Fellowship in Reproductive Endocrinology and Infertility, dated 30 June 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant's was appointed as a Reserve commissioned officer in the rank of second lieutenant and she executed an oath of office on 21 May 2000.  She

attended the AMEDD Officer Basic Course at Fort Sam Houston, TX, from
18 June to 27 July 2001. 

2.  On 18 June 2004, she entered active duty as a Medical Corps (MC) captain (CPT)/O-3 and she was assigned to Madigan Army Medical Center, Student Detachment, Joint Base Lewis-McChord, WA.

3.  An advisory opinion was obtained from the Office of the Surgeon General (OTSG) on 13 June 2013.  The advisory official recommended approval and stated: 

	a.  The applicant is requesting a retroactive rate adjustment to her existing 
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 (ABCMR) 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 she was paid a 1-year ISP contract of $31,000.00 per year effective
1 October 2012 through 30 September 2013.  The applicant graduated from her fellowship training program on 30 June 2012 and she became eligible for the higher specialty pay rate of $36,000.00 per year.  This higher rate was not indicated on the existing ISP contract she executed with her signature.

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

	e.  The applicant was eligible for the requested retroactive rate increase to her 1-year ISP contract of $36,000.00 per year.  It would be appropriate for approval and payment as directed by Board decision.  The total amount due is $5,000.00 prior to any withholding adjustments.

4.  She was provided with a copy of the advisory opinion for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

5.  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 $50,000.00 for any 12-month period.

6.  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 ISP in the amount of $36,000.00 for the period 1 October 2012 through 30 September 2013 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 $36,000.00 pay for the period 1 October 2012 through 30 September 2013.

3.  In view of the foregoing, it would be appropriate to correct her record to show she executed the appropriate written agreement to receive ISP in the amount of $36,000.00 pay for the period 1 October 2012 through 30 September 2013, and paying her the additional $5,000.00 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 the period 1 October 2012 through 30 September 2013
* showing her application was timely received and processed by the appropriate office
* paying her the additional ISP of $5,000.00 she is owed as a result of this correction, minus applicable 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)                                         AR20130008776



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130008776



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1