IN THE CASE OF:
BOARD DATE: 6 August 2013
DOCKET NUMBER: AR20130008826
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 correction of her records to show she was authorized $5,000 additional Incentive Special Pay (ISP) retroactive to July 2012.
2. The applicant states she is an active duty officer serving in military occupational specialty 60J (obstetrics/gynecology (OB-GYN)).
a. In June 2012, she completed a Maternal-Fetal Medicine Fellowship, which entitles her to additional ISP.
b. She signed her ISP contract in July 2012 and it was effective 1 October 2012. She notes that the contract did not reflect her completion of fellowship training.
c. She should have received a $36,000 bonus. However, she only received a $31,000 bonus, which is the same ISP she received as a generalist OB-GYN physician (before fellowship training was completed).
3. The applicant provides copies of her fellowship diploma and ISP contract.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as a Reserve commissioned officer on 21 April 1999 and she entered active duty in the rank of captain on 13 June 2003.
2. She is currently serving on active duty as a Regular Army commissioned officer, in the rank of major/pay grade O-4, in the Medical Corps (MC).
3. A Request for MC ISP, dated 2 July 2012, shows the applicant indicated her specialty was OB-GYN (Generalist) and that she was a licensed physician in the state of Nebraska. In consideration of her entering into the agreement, she agreed to serve 1 year of continuous active duty (effective 1 October 2012) and the U.S. Army agreed to pay MC ISP in a one-time lump sum, in the amount of $31,000.00. The MC ISP contract was approved on 18 July 2012.
4. In support of her request, the applicant provides a copy of a DA Form 3492 (U.S. Army Medical Department Certificate) that shows she completed training in a Maternal-Fetal Medicine Fellowship at Madigan Healthcare System, Tacoma, WA, on 30 June 2012.
5. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG), Falls Church, VA.
a. The advisory official recommends administrative relief.
(1) A review of available personnel and pay records indicate the applicant executed and was paid a 1-year ISP contact of $31,000 for the period 1 October 2012 through 30 September 2013.
(2) The applicant's Fellowship specialty pay rate of $36,000 per year was not indicated on the ISP contract executed by the applicant.
b. The advisory official concludes the applicant is eligible for the requested retroactive increase to her 1-year ISP contract in the amount of $5,000 (for a total contract amount of $36,000) effective the day after her graduation (i.e., 1 July 2012).
6. On 14 June 2013, the applicant was provided a copy of the advisory opinion in order to allow her the opportunity to submit comments or a rebuttal. To date, the applicant has not provided a response.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant was serving on active duty and licensed as a physician in OB-GYN at the time she executed the ISP contract on 2 July 2012. Records also show she completed training in a Maternal-Fetal Medicine Fellowship on 30 June 2012.
2. The evidence of record shows the applicant is eligible for the requested retroactive increase to her 1-year ISP contract in the amount of $5,000 (for a total contract amount of $36,000) effective the day after her graduation (i.e., 1 July 2012).
3. The OTSG cannot authorize payment of ISP effective 1 July 2012 because the effective date is in a previous fiscal year and it would exceed OTSG's authority.
4. As a result of this correction, the applicant is entitled to an additional $5,000 in Medical ISP for the period 1 July 2012 through 30 September 2013.
BOARD VOTE:
____X___ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 the applicant is entitled to Medical Incentive Special Pay in the total amount of $36,000.00 effective 1 July 2012 through 30 September 2013 and, therefore, entitled to an additional $5,000.00 in Medical Incentive Special Pay.
2. As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment of an additional $5,000.00 in Medical Incentive Special Pay effective 1 July 2012 through 30 September 2013 (less taxes) that may be due the applicant as a result of this 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) AR20130008826
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