IN THE CASE OF:
BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130018625
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 a retroactive 1-year Incentive Special Pay (ISP) contract at $36,000/year effective 1 October 2012 through 30 September 2013.
2. The applicant states:
a. He did not take an ISP bonus because he expected to be separated from the Army.
b. He is an anesthesiologist and pain physician assigned at Walter Reed National Military Medical Center.
c. Physicians are entitled to two bonuses per fiscal year, each of which commits them for 1 year of service, a 1 July bonus and a 1 October bonus.
d. He took the 1 July 2012 bonus, but he did not take the 1 October 2012 bonus.
e. His active duty service obligation (ADSO) was 30 June 2013.
f. In January 2013, he began the process of completing his packet for an unqualified resignation.
g. In February 2013, his resignation packet had been completed by the Hospital Command (to include the chief of surgery and the Admiral). His packet was then forwarded to Walter Reed B Company.
h. On 28 March 2013, his packet was completed by Walter Reed B Company and was forwarded up the chain.
i. On 3 April 2013, he was notified by his company commander that he was to be processed for administrative elimination due to derogatory information in his Army Military Human Resource Record (AMHRR) stemming from a reprimand he received in 2011.
j. He had to compile and submit a new packet for resignation in lieu of elimination.
k. His new packet had to be routed through several additional layers of the command, and only now is apparently at the level of the U.S. Army Human Resources Command (HRC).
l. He remained on active duty past his ADSO.
m. Had he known his separation was going to be delayed, he would have taken the 1 October 2012 bonus.
3. The applicant provides:
* Self-authored Memorandum for the Army Review Boards Agency
* Request for Medical Additional Special Pay (MASP)
* Request for approval of unqualified resignation from active duty
CONSIDERATION OF EVIDENCE:
1. With prior enlisted service in the Regular Army, the applicant accepted an appointment as a Reserve commissioned officer on 29 April 1999. He was promoted through the ranks to major.
2. On 26 March 2003, U.S. Total Army Personnel Command Orders A-03-391175 were published ordering the applicant to active duty for 5 years, effective 13 June 2003.
3. On 7 January 2004, the applicant received a congratulatory memorandum notifying him of his selection for Army Graduate Medical Education (GME) residency training in anesthesiology at NCC-Walter Reed Army Medical Center. The memorandum states:
a. Participation in this program incurs an additional ADSO.
b. His training program was scheduled to begin on 1 July 2004 and to end on 30 June 2007.
c. Should he accept the training, his new ADSO upon successful completion would end on 30 June 2011.
d. The new ADSO calculation was based upon his Army GME selection and his previous obligations.
e. If any facet of his selected program changed or if he failed to complete the program, his ADSO may require recalculation.
4. The applicant acknowledged receipt of the notification on 16 January 2004.
5. On 29 January 2007, he was notified of his selection for Army GME training in Pain Management. He acknowledged receipt of the notification on 7 February 2007, indicating that he would begin on or about 1 July 2007 and was scheduled to be completed on 30 June 2008.
6. The applicant's AMHRR contains five Requests for Medical Corps ISP for 1 year of continuous active duty each for the following periods:
* 1 October 2007 through 30 September 2008
* 1 October 2008 through 30 September 2009
* 1 October 2009 through 30 September 2010
* 1 October 2010 through 30 September 2011
* 1 October 2011 through 30 September 2012
7. The applicant was honorably discharged on 22 November 2013. His AMHRR does not contain a Request for Medical Corps ISP for the period 1 October 2012 through 30 September 2013.
8. During the processing of this case an advisory opinion was obtained from the Office of the Surgeon General. The Chief, Army Medical Department (AMEDD) states that although eligible, the applicant declined to execute the 1-year ISP contract at $36,000/year effective 1 October 2012 through 30 September 2013 to ensure he was not obligated and in turn, eligible for separation. There is no policy or exception to policy authorized to support retroactive payment for time served under the circumstances of delayed separation. The Board must direct payment, without obligation, for this extenuating circumstance.
9. A copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The available evidence shows the applicant was fully qualified, eligible, and could have executed the 1-year ISP contract effective 1 October 2012; however, he did not execute a contract.
3. In this case the applicant must assume responsibility for not completing a contract in a timely manner.
4. In view of the above, the applicant's request should be denied.
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 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) AR20130018625
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