IN THE CASE OF:	  

		BOARD DATE:	    10 September 2013

		DOCKET NUMBER:  AR20130011849 


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 his records to show he executed a Medical Corps (MC) Incentive Special Pay (ISP) contract for the period 1 October 2012 through 30 September 2013 in the amount of $20,000.00 per year in a timely manner.

2.  The applicant states he was eligible for the ISP that required his signature on the contract for the period 1 October 2012 through 30 September 2013.  He was never notified by his career counselor that he had to sign the contract prior to the effective date of 1 October 2012; therefore, he never received the ISP.  He did not realize this until he was notified by his unit S-1.  He signed the ISP contract on 17 June 2013 and he is now submitting the signed contract to receive the ISP for the period 1 October 2012 through 30 September 2013.

3.  The applicant provides:

* a memorandum, subject:  Request for MC ISP, dated 17 June 2013
* his Physician and Surgeon Certificate, issued on 17 March 2010
* his online professional license renewal application, dated 2 June 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was an active duty captain performing duties in specialties 61N (Flight Surgeon) and 61F (Internal Medicine Physician).  He is currently serving in Afghanistan while assigned to the 212th Combat Support Hospital.
2.  The applicant provides and his record contains an ISP contract at $20,000.00 per year for the period 1 October 2012 through 30 September 2013.  The date of his signature on this contract is 17 June 2013.

3.  In connection with the processing of this case, on 10 July 2013, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General (OTSG).  The advisory official stated:

	a.  The applicant is requesting his 1-year ISP contract at $20,000.00 per year be adjusted to an effective date of 1 October 2012.  He executed this contract by signature on 17 June 2013 with commander approval.  He indicated he was never notified to sign the contract based on the 1 October cycle effective date.

	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 reestablished as date of signature.

	c.  A review of special pay and finance records revealed the applicant's initial annual ISP contract at $20,000.00 per year was effective 1 October 2011 and his next annual contract at $20,000 per year was effective 17 June 2013.  The applicant was eligible for the ISP contract effective 1 October 2012; however, based on the above policy, the effective date became the date of his signature on 17 June 2013.  Authorization to change the effective date to 1 October 2012 can only be as directed by the Army Board for Correction of Military Records (ABCMR).

4.  A copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 9 August 2013, the applicant responded.  He stated:

	a.  He met the eligibility criteria for the ISP effective 1 October 2012.  He completed his Internal Medicine Residency in July 2011 and became board certified in August 2011.  Being a recent graduate from a residency program, he was unaware of the different special pays he was eligible for and the timing required for signing different special pay contracts.  Typically the branch manager notified medical providers the date when their ISP contract was due and it would be signed through the unit S-1.  For the year 1 October 2012 through 30 September 2013, he was never notified he had to sign his ISP contract until his unit S-1 notified him of the requirement to do so in June 2013.


	b.  Per All Army Activities (ALARACT) Message 367/2010, eligible officers who decline special pay agreements should complete a statement for each special pay declined.  He clearly did not decline his ISP agreement and he was unaware his ISP contract was due on 1 October 2012.  To address the issue, he inquired with the AMEDD Special Pay Branch, OTSG, in June 2013.  He was instructed to sign an ISP contract and to submit an application to the ABCMR requesting a correction of his military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for a retroactive ISP contract for the period 1 October 2012 through 30 September 2013 has been carefully considered and found to have merit.

2.  OTSG, the agency responsible for administering AMEDD Special Pay Programs to include ISP contracts, confirms the applicant was eligible to execute a $20,000.00 per year ISP contract for the period 1 October 2012 through 30 September 2013.  The fact that he signed the ISP contract on 17 June 2013, after he was made aware of the annual contract requirement, supports his contention that he was not informed of the requirement to do so until June 2013.  Furthermore, it does not seem reasonable that a rational person would intentionally delay submitting an ISP contract for 9 months after he/she was eligible to do so knowing he/she would lose 9 months of the $20,000.00 per year special pay.

3.  He was clearly authorized to enter into an agreement for the 1-year ISP at $20,000.00 per year for the period 1 October 2012 through 30 September 2013 and award of the outstanding ISP contract in arrears would be based on time already served.  Therefore, his record should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  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 he timely submitted a 1-year ISP contract at $20,000.00 per year effective 1 October 2012 through 30 September 2013
* showing his contract was timely received and processed by the appropriate office
* paying him any pay and allowances due 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)                                         AR20130011849



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ABCMR Record of Proceedings (cont)                                         AR20130011849



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