IN THE CASE OF:
BOARD DATE: 3 April 2014
DOCKET NUMBER: AR20130011968
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 military records to show he contracted for Incentive Special Pay (ISP) with an effective date of 1 July 2012.
2. The applicant states his specialty was changed from Occupational Medicine to Radiology effective 1 July 2012. The change in specialty pay was requested; however, the effective date was not changed from the prior specialty pay contract which was at a lower rate. Also, he never signed a contract with the currently recorded effective date.
3. The applicant provides copies of:
* ISP contract effective 1 July 2012
* Email communication, dated 5 April 2013, subject: Date Change on Contract
* Medical Additional Special Pay (MASP) contract effective 1 August 2013
CONSIDERATION OF EVIDENCE:
1. At the time of the applicant's application, he was serving in the Regular Army as a lieutenant colonel, pay grade O-5, at Fort Campbell, KY.
2. In the processing of this case a staff advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, Office of The Surgeon General (OTSG).
a. The applicant is requesting that his 1-year ISP contract at $36,000/year effective 1 November 2012 be changed to show an effective date of 1 July 2012. This request is based on the applicant's executed and approved ISP contract with an effective date of 1 July 2012.
b. The opinion stated that a review of the applicant's special pay and finance records indicates he has ISP contracts as a Radiologist at $36,000/year effective 1 November 2013 and 1 November 2012. Additionally he has ISP contracts in Occupational Medicine at $20,000/year effective 1 November 2011 and
1 November 2010.
c. Further review of data indicates that although the applicant was in a 1-year ISP contract in Occupational Medicine at $20,000/year effective 1 November 2011 - 31 October 2012, he would have been eligible to execute a new 1-year ISP contract as a graduated Radiologist at $36,000/year effective 1 July 2012 - 30 June 2013, and annually thereafter.
d. The advisory opinion recommended that the applicant's 1-year ISP contract at $20,000 effective 1 November - 31 October 2012 be terminated as of 30 June 2012, with recoupment for the 4-month period 1 July to 31 October 2012 of approximately $6,666.67.
e. In turn, the 1-year ISP at $36,000/year effective 1 November 2012 and
1 November 2013 should be overlaid with effective dates 1 July 2012 and 1 July 2013, respectively. There is no payment due.
3. On 6 December 2013, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The opinion rendered by the OTSG clearly states the applicant was fully qualified and eligible for the ISP during the period requested. The applicant's change in specialties apparently prompted the need for this change in contracts.
2. The available evidence shows that the applicant was eligible to renegotiate his ISP contracts.
3. Accordingly, it would be appropriate to amend his ISP contracts in accordance with the advisory opinion rendered by the OTSG.
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. terminating the applicant's ISP contract at $20,000/year for the period
1 November 2011 to 31 October 2012, effective 30 June 2012 with recoupment of the last 4 months; and
b. showing the effective dates of the applicant's 1-year ISP at $36,000/year as 1 July 2012 and 1 July 2013, respectively.
_______ _ 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) AR20130012336
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