IN THE CASE OF:	

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140008503 


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, in effect, retroactive award of Medical Special Pay (MSP) for the period 1 October 2011 through 30 September 2013.

2.  The applicant states he was not paid MSP while on Full-Time National Guard Duty - Operational Support (FTNGD-OS) orders.

3.  The applicant provides FTNGD-OS orders, medical license, certification board results, and American College of Emergency Physicians Certificate of Membership.

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted his application to the Board he was serving in the Vermont Army National Guard (VTARNG) in the Medical Corps (MC) in the rank of lieutenant colonel. 

2.  He provides:

	a.  State of Vermont Orders 273-106, dated 30 September 2011, showing he was ordered to FTNGD-OS for the period 1 October 2011-30 September 2012.

	b.  State of Vermont Orders 181-136, dated 29 June 2012, amending so much of Orders 273-106, dated 30 September 2011, to show Title 10, U.S. Code, section 12301(d) from 6-21 July 2012 in place of FTNGD-OS.
	c.  State of Vermont Orders 277-105, dated 3 October 2012, ordering him to FTNGD-OS for the period 1 October 2012-30 September 2013.

3.  Current ARNG retirement points data shows he was credited with active service during the periods reflected on the above FTNGD-OS orders. 

4.  The record is void of documentation showing he executed Medical Additional Special Pay (MASP) or Variable Special Pay (VSP) agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013.

5.  A National Guard Bureau (NGB) memorandum, dated 22 February 2013, shows the applicant's clinical credentials were reviewed and approved for his privileging as an emergency medicine physician.  He was also approved for Area of Concentration (AOC) 62A9C (Emergency Physician) and all appropriate substitutable AOCs and Additional Skill Identifiers (ASIs).

6.  His Officer Record Brief shows his Primary Specialty Skill Identifier (PSSI) as 62A and his ASI PSSI as 9C.

7.  A State of Illinois Department of Financial and Professional Regulation - Division of Professional Regulation license shows he was authorized to perform duties as a licensed physician and surgeon.  The document shows this license expired on 31 July 2014.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of The Surgeon General (OTSG), on 20 June 2014.  This official stated the applicant is requesting payment of his MSP while under ADOS orders during the 2-year Reserve Component (RC) activated/mobilized period 1 October 2011-30 September 2013.  

	a.  A review of available officer special pay and finance data indicates that the applicant did not receive Health Professions Officer (HPO) special pay during the RC activated/mobilized period of 1 October 2011-30 September 2013.

	b.  The official opined that the applicant was eligible to receive the following HPO special pay during the RC activated/mobilized period of 1 October 2011-30 September 2013 totaling $97,000 as follows:

* VSP $5,000/year
* Board Certification Pay (BCP) $2,500/year
* MASP $15,000/year
* Incentive Special Pay (ISP) in Emergency Medicine $26,000/year
	c.  If in reviewing the applicant's finance file RC Defense Finance and Accounting Service – Indianapolis Center (DFAS-IN) finds any undisclosed payments of HPO special pay, the above rates would be paid on a prorated basis for the missing period.

9.  The advisory opinion was forwarded to the applicant for possible comment prior to consideration of this case.  He did not submit a response within the allotted time.

10.  Title 37, U.S. Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the armed forces.  For Army MC Officers (Physicians), these special pays are:  1) VSP which is paid to all MC Officers monthly upon entry on active duty; 2) BCP which is paid monthly to all board certified MC Officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date; 3) MASP which is paid to all MC Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations; 4) ISP which is paid based on a variable rate to selected MC Officers who hold the specialties eligible to receive this pay for a 1-year active duty obligation that may be served concurrently with all other obligations; and  5) MSP which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected MC Officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.

11.  Volume 7A, Department of Defense Financial Management Regulation (DoDFMR), provides military pay policy and procedures.  Chapter 5 contains guidance on special pay for medical 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 a retention bonus.  To be eligible for MSP under section 0503 a medical officer must:

* 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 has at least 8 years of creditable service
* have completed initial residency training or is scheduled to complete initial residency training before October 1 of the fiscal year in which the officer enters into an agreement
* execute a written agreement to remain on active duty for 2, 3, or 4 years and the agreement is accepted by the Secretary of the Military Department concerned
* NOTE: Based on Service unique requirements, the Secretary concerned may decline to offer MSP to any specialty that is otherwise eligible or restrict the length of an MSP contract for a specialty to less than 4 years

	b.  Paragraph 0504 states to be eligible for ISP a medical officer must have a current, valid, unrestricted license or approved waiver; have completed their specialty qualification before 1 October of the fiscal year in which the officer enters into an agreement (except for cases listed in paragraph 050404); execute a written agreement to remain on active duty for a period of not less than 1 year, beginning on the date the officer accepts the award of ISP; be currently credentialed and privileged at a military treatment facility in the specialty for which ISP is to be paid, subject to acceptance by the Secretary of the Military Department concerned.  Annual ISP payments for contracts beginning on or after October 1, 2011, will be in the amounts indicated in Table 5-2.  Table 5-2, rule 5 shows the ISP rate for an emergency medicine specialty without an MSP is $26,000 annually (ISP rate for all mobilized RC medical officers).

	c.  Paragraph 0505 states that an Army MC officer who is on active duty under a call or order to active duty for a period of not less than 1 year is entitled to VSP at the VSP monthly rates defined in Table 5-3.

	d.  Paragraph 0506 states an officer who is entitled to VSP under section 0505 and who has a current, valid, unrestricted license or approved waiver is entitled to ASP.  An officer may not be paid ASP for any 12-month period unless the officer first executes a written agreement where the officer agrees to remain on active duty for a period not less than 1 year, beginning the date the officer accepts the award of ASP.  The ASP amount payable will be $15,000 for each 12-month period during which the officer is not undergoing medical internship or initial residency training.

	e.  Paragraph 0507 states an officer who is entitled to VSP under paragraph 0505 and who has a current, valid, unrestricted license or approved waiver and is board certified is entitled to BCP at the monthly rates defined in Table 5-4.






DISCUSSION AND CONCLUSIONS:

1.  The applicant requested retroactive MSP.  However, evidence shows that as an ARNG officer serving on 1-year FTNGD-OS orders he was not eligible to execute a written agreement to remain on active duty for 2, 3, or 4 years and that the agreement be accepted by the Secretary of the Army.

2.  Notwithstanding paragraph 1 above, evidence indicates he was entitled to other HPO special pays not requested for the activation/mobilization periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013.  The OTSG advisory opinion provided in this case confirms he was authorized to receive the following additional special pays not requested by him, if he has not already received them:
 
* VSP at the rate of $5,000/year
* BCP at the rate of $2,500/year
* MASP at the rate of $15,000/year
* ISP in emergency medicine at the rate of $26,000/year

	a.  While an individual has a personal responsibility to submit a MASP contract, in practice, they are prepared by administrative personnel and provided to the individual for signature.  Given that such an action would be an infrequent occurrence in the VTARNG, the failure to make a timely submission is understandable.  There is no evidence showing the applicant executed MASP agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013.  However, evidence indicates the applicant was eligible for receipt of MASP, in the amount of $15,000 annually for the period 1 October 2011-30 September 2013.  Accordingly, his records should be corrected to show entitlement to this pay.

	b.  There is no record of an ISP agreement submission for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013 in the applicant's military pay file.  The evidence of record confirms the applicant passed the necessary examinations and was certified as a licensed physician and surgeon and was credentialed and privileged at a military treatment facility in the specialty for which ISP should have been paid.  Though he failed to execute an ISP agreement in a timely manner, the evidence of record shows he was eligible to execute a 1-year obligatory ISP agreement at the rate for an emergency medicine specialty without an MSP of $26,000 annually (ISP rate for all mobilized RC medical officers).  Based on the foregoing, it would be equitable to correct the applicant's military records to show he executed ISP agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-
30 September 2013 in a timely manner and paying him any monies, as appropriate, based on execution of the agreements above.

	c.  The evidence of record shows he was under a call or order to active duty for a period of not less than 1 year.  As such, it appears he was entitled to VSP at the rate of $5,000 per year.

	d.  Evidence shows he was entitled to VSP and had a current, valid, unrestricted license or approved waiver and was board certified.  Therefore, it would be appropriate to correct the applicant's record to show he was authorized to receive BCP for the period 1 October 2011-30 September 2013.

4.  In view of the foregoing, it would be appropriate and in the interest of justice to correct the applicant's records as shown below. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  __X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

	a.  showing he executed MASP agreements for the periods 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013 in a timely manner and was entitled to receive payment based on those agreements;

	b.  showing he executed ISP agreements for the emergency medicine specialty at the rate of $26,000/year for the two-year period 1 October 2011-
30 September 2012 and 1 October 2012-30 September 2013 in a timely manner and was entitled to receive payment based on those agreements;

	c.  showing he was entitled to receive and requested payment for VSP at the prevailing rate; 

	d.  showing he was entitled to receive and requested BCP at the prevailing rate for the two-year period 1 October 2011-30 September 2012 and 1 October 2012-30 September 2013; and
 
	e.  paying any monies he is due as a result of these corrections.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to retroactive award of MSP for the period 1 October 2011 through 30 September 2013.




      _______ _ 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)                                         AR20140008503



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ABCMR Record of Proceedings (cont)                                         AR20140008503



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