BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20140000572
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 by revising his contracted Multi-year Special Pay (MSP) and linked Multi-year Incentive Special Pay (MISP) for the period from 1 August 2012 to 31 July 2015.
2. The applicant states he has been mislabeled for pay purposes as a general orthopedic surgeon when, in fact, he has been a subspecialty fellowship-trained orthopedic surgeon since 1 August 2005. It is his understanding that his current multi-year contract (MSP and MISP) is incorrectly paying him at the rate of a general orthopedic surgeon. He was informed that he should be receiving pay at a higher rate because he was a fellowship-trained orthopedic surgeon prior to signing the contract. Therefore, he should receive back pay for the last 2 years and be paid at the higher rate for next year.
3. The applicant provides copies of:
* Fellowship Diploma in Orthopaedics, dated 31 July 2005
* MSP and ISP contracts signed 30 May 2012
* DA Form 4037 (Officer Record Brief)
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 Madigan Army Medical Center, Tacoma, WA.
2. Records show the applicant signed contracts for both MSP and ISP effective 1 August 2012.
3. 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 opinion stated that a review of the applicant's military pay file shows he has an active and current Orthopedic Surgeon 3-year MSP contract at $33,000 per year with a linked 3-year MISP contract at $50,000 per year for the period beginning 1 August 2012 to 31 July 2015.
b. The applicant indicates he was incorrectly informed by his supporting personnel office that he was only authorized payment as an orthopedic surgeon, rather than at the higher rate for a fellowship-trained orthopedic surgeon.
c. The applicant is requesting to receive MSP at the higher rate of $36,000 per year and MISP at the higher rate of $57,000 per year.
d. The applicant must bear responsibility for his part of the contract preparation, to include inquiry as to eligibility, requesting a contract to be initiated and executing the contract by signature up to 90 days in advance or within
30 days after the effective date; otherwise, effective date must be reestablished as date of signature. All contracts outside of the policy for signature date or received outside of the funded fiscal year, are returned without action.
e. The applicant was eligible for the higher rates for MSP and MISP based on being a fellowship-trained orthopedic surgeon. If his request to revise his contracts is authorized, the following actions would be required:
* payment of MSP contract for the difference of $3,000 per each year effective 1 August 2012 and 1 August 2013 and in turn, establish future MSP at $36,000 per year effective 1 August 2014
* payment of MISP contract for the difference of $7,000 per each year effective 1 August 2012 and 1 August 2013 and in turn, establish future MISP at $57,000 per year effective 1 August 2014
4. On 15 February 2014, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond.
5. On 21 February 2014, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
The opinion rendered by the OTSG clearly states the applicant was fully qualified and eligible for the MSP and MISP during the period requested and at the higher rate based on his fellowship training. Accordingly, it would be appropriate to grant the applicant's request as a matter of equity.
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 correcting the applicant's MSP and MISP contracts to allow for:
a. payment of MSP contract for the difference of $3,000 per each year effective 1 August 2012 and 1 August 2013, and in turn, establish his future MSP at $36,000 per year effective 1 August 2014 and
b. payment of MISP contract for the difference of $7,000 per each year effective 1 August 2012 and 1 August 2013, and in turn, establish his future MISP at $57,000 per year effective 1 August 2014.
_________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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