IN THE CASE OF:	  

		BOARD DATE:	    6 August 2013

		DOCKET NUMBER:  AR20130010199 


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, to align his 1-year Incentive Special Pay (ISP) contract cycle of 1 October with his Medical Additional Special Pay (MASP) contract cycle of 1 July. 

2.  The applicant states:

	a.  he needs the dates changed for his military physician pay.

	b.  he is a board certified hand surgeon who completed his fellowship training at Walter Reed Army Medical Center.  The fellowship has two training programs each year with one of them having an off-cycle start.  He started the program on 1 February 2010 and finished on 31 January 2011.  Because he finished off-cycle in the middle of the winter, he was not allowed the opportunity to align his ISP contract date with his MASP contract date.  

	c.  his MASP contract date is 1 July and the ISP contract date is 1 October.  He will complete his active duty commitment this year and he plans to sign a 
4-year Multi-year Specialty Pay (MSP) contract with an ISP contract.

	d.  since his current 1-year ISP contract expires 1 October, he cannot sign the new MSP contract until 1 October.  He would like to align the dates for all of his specialty pay to 1 July since he was not given that opportunity at the end of his fellowship.

	e.  all of his partners who have done a fellowship and graduated in July were given that opportunity.  He understands that he will have a pro-rated payment the first year because of the overlapping contracts from July to October.  He would like to do it this year because of the new regulation that does not allow renegotiation of contracts while they are in effect.    

3.  The applicant provides:

* Fellowship certificate
* Certificate of added qualification in hand surgery
* Orders to Walter Reed 
* Officer Record Brief
* 2012 ISP contract 

 CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of lieutenant colonel.

2.  He provides a certificate which shows he completed Fellowship Training in Hand Surgery on 31 January 2011. 

3.  He provides an ISP contract at $36,000.00/year effective 1 October 2012 to 
30 September 2013.   

4.  In the processing of this case, on 14 June 2013, an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, Office of The Surgeon General.  The advisory official states:

	a.  the applicant is requesting to align his current 1-year ISP contract cycle of 1 October with his 1-year MASP contract cycle of 1 July.  His request is based on graduating off-cycle from his fellowship training program on 31 January 2011 and that he was not given the opportunity as other fellows graduating on cycle to align his ISP with the MASP cycle of 1 July.

	b.  a review of special pay and finance records indicates he has been executing by signature, 1-year MASP contracts at $15,000.00/year effective 
1 July of each eligible year.  Additionally, he has been executing by signature, 
1-year ISP contracts at $36,000.00/year effective 1 October of each eligible year.



	c.  prior to the 4 March 2013 rescinded policy on renegotiation of special pay contracts, the ability to renegotiate a 1-year ISP contract was based on either a rate increase, a new specialty rate increase, or to enter into a multi-year contract.  There was never authority to allow renegotiation or alignment of the ISP contract solely to align with the MASP contract.  Since he graduated off-cycle from the other fellowship trained officers, the earliest a renegotiated 1-year ISP contract could have occurred was 1 February 2011.  

	d.  there is no basis to support the applicant's request.  He will need to wait until 1 October 2013 in order to execute any multi-year retention bonus contracts.

5.  On 14 June 2013, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provides for multi-year retention bonuses and special pays for medical officers and health professionals of the Armed Forces.  For Army Medical Corps officers (physicians), these special pays are:

	a.  Variable Special Pay which is paid to all Medical Corps officers monthly upon entry on active duty;

	b.  Board Certification Pay which is paid monthly to all board-certified Medical Corps officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date;

	c.  MASP which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations;

	d.  ISP which is paid based on a variable rate to selected Medical Corps officers who hold the specialties eligible to receive this pay for a1-year active duty obligation that may be served concurrently with all other obligations; and

	e.  MSP which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.




DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant has been executing:

* 1-year MASP contracts at $15,000.00/year effective 1 July of each eligible year
* 1-year ISP contracts at $36,000.00/year effective 1 October of each eligible year

2.  He is requesting to align his current 1-year ISP contract cycle of 1 October with his 1-year MASP contract cycle of 1 July.

3.  He contends because he graduated off-cycle from the fellowship training program, he was not given the opportunity as other officers to align his ISP with his MASP cycle of 1 July.  However, the advisory opinion points out that prior to the March 2013 rescinded policy on renegotiation of special pay contracts, the ability to renegotiate a 1-year ISP contract was based on either a rate increase, a new specialty rate increase, or to enter into a multi-year contract.  There was never authority to allow renegotiation or alignment of the ISP contract solely to align with the MASP contract.  Therefore, there is insufficient evidence on which to base granting the applicant's request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130010199





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ABCMR Record of Proceedings (cont)                                         AR20130010199



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