BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130019832 


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 record to show she executed a 4-year Multi-Year Special Pay (MSP)/Multi-Year Incentive Special Pay (MISP) contract effective 1 July 2012 through 30 June 2016 at the rate of $35,000.00 per year for MSP and $31,000.00 per year for MISP.

2.  She states she is a physician in the Medical Corps.  In 2012, she was stationed at Fort Polk, LA.  She consulted with the special pay office, and she was told she was not yet eligible to contract for a multiyear bonus because she only had 7 years of creditable service.  She recently became aware that, according to Title 37, U.S. Code, a Medical Corps officer who has at least 8 years of creditable service or has completed any active duty service commitment incurred for medical education and training is eligible for a multiyear bonus.  After discussing this with the special pay officer at the Office of the Surgeon General (OTSG), she was informed that she had become eligible for MSP/MISP on 1 July 2012.  She is still serving on active duty, and she is interested in continuing her career in the military.  She would like to correct this injustice and receive the money she would have been eligible to collect in 2012.  

3.  She provides a Medical Operational Data System Active Duty Obligation Worksheet and an excerpt from an unidentified document describing MSP.

CONSIDERATION OF EVIDENCE:

1.  On 21 February 2002, the applicant accepted appointment as a Reserve commissioned officer of the Army.  Effective 9 June 2005, she was ordered to active duty as a Medical Corps captain/O-3 to fulfill her active duty service obligation (ADSO).  

2.  A memorandum, subject:  Adjusted ADSO, dated 6 September 2005, shows she was selected for Army Graduate Medical Education (GMS) residency training in obstetrics and gynecology (OB/GYN) at Tripler Army Medical Center, HI.  The memorandum shows she accepted an adjusted ADSO of 30 June 2012.  

3.  A review of her record shows she is licensed by the State of Hawaii to practice as a physician, and she is certified by the America Board of Obstetrics and Gynecology.

4.  A review of her record shows she signed 1-year ISP contracts effective 1 October 2010, 1 October 2011, 1 October 2012, and 1 October 2013.  

5.  On 31 January 2014, during the processing of this case, the Chief, Army Medical Department Special Pay Branch, OTSG, provided an advisory opinion confirming the applicant was eligible for a 4-year MSP contract at $35,000.00 per year with a linked 4-year MISP contract at $31,000.00 per year effective 1 July 2012 through 30 June 2016.  The advisory official stated:

	a.  In order to be eligible for an MSP contract, an officer must have completed his or her training obligation or have 8 years of creditable service from his or her Health Professions Pay Entry Date (HPPED).  The applicant's training obligation expired on 30 June 2012; therefore, she was eligible for MSP effective 1 July 2012.

	b.  A review of special pay and finance records indicates the applicant had entered into 1-year ISP contracts at $31,000.00 per year effective on 1 October 2010, 1 October 2011, 1 October 2012, and 1 October 2013.  

	c.  If the applicant is authorized the retroactive MSP/MISP contracts, there would be a payment of the MSP at $35,000.00 per year effective 1 July 2012 and 1 July 2013.  Future MSP payments would be scheduled for 1 July 2014 and 
1 July 2015.

	d.  There would be a one-time prorated recoupment of ISP of approximately $7,750.00 to have her MISP date align to the new effective date of 1 July.  Future MISP payments of $31,000.00 per year would be scheduled effective 1 July 2014 and 1 July 2015.

6.  The applicant was provided a copy of the advisory opinion for review and comment.  She did not respond within the time allotted.
7.  The Department of Defense Financial Management Regulation, Volume 7A, Chapter 5, provides the criteria for special pay and bonuses for medical and other health professions officers.  

	a.  A medical officer who executes a written agreement to remain on active duty for 2, 3, or 4 years after completion of any other active duty service commitment may, upon acceptance of the written agreement by the Secretary of the Military Department concerned, be paid MSP.  The officer must also be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed all Active Duty service commitment incurred for medical education and training, or have at least 8 years of creditable service; and have completed initial residency training or be scheduled to complete initial residency training before October 1 of the fiscal year in which the officer enters into an agreement.

	b.  Medical Corps officers who enter an MSP contract may enter an ISP contract for the same specialty as stated on the MSP contract.  The officer would continue ISP eligibility at the applicable rate for each active year of the MSP contract.

	c.  For Fiscal Year 2012, the annual MSP rate for a 4-year contract for a physician specializing in OB/GYN was $35,000.00.  The 1-year ISP rate to be paid with MSP for this specialty was $31,000.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant is a licensed physician who is board-certified in OB/GYN.  She completed her ADSO on 30 June 2012.  Effective 1 July 2012, she was eligible to enter into a 4-year MSP contract with a linked 4-year MISP contract.  

2.  She has indicated she understands that correction of her record to show she entered into a 4-year MSP/MISP contract in 2012 will extend her service obligation.  

3.  In light of the available evidence, it would be appropriate to correct her record to show she entered into a 4-year MSP contract with a linked 4-year MISP contract on 1 July 2012 and pay her the applicable annual amounts in accordance with the terms of the contract.

4.  The advisory opinion notes that a one-time prorated recoupment will be necessary to have her MISP date align with the effective date of 1 July.  This recoupment will do her no harm, and it is appropriate to remedy the overlap caused by the effective date of the new contract.  

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.  showing she entered into a 4-year MSP contract with a linked 4-year MISP contract on 1 July 2012, 

	b.  paying her the applicable annual amounts in accordance with the terms of the contract, and

	c.  recouping any overpayment resulting from aligning her ISP date with her MSP contract date.




      _______ _ 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)                                         AR20130019832





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ABCMR Record of Proceedings (cont)                                         AR20130019832



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