IN THE CASE OF:
BOARD DATE: 7 May 2015
DOCKET NUMBER: AR20140013215
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 military records to show she contracted for Incentive Special Pay (ISP) with an effective date of 1 July 2013.
2. She states, in effect, numerous extenuating circumstances, to include a permanent change of station (PCS) and post surgery convalescent leave, prevented her from executing her contract in a timely manner.
3. She provides copies of:
* Self-authored statement
* PCS orders, dated 5 June 2013
* DA Form 31 (Request and Authority for Leave)
* Memorandum, Subject: Request for Medical Corps ISP, dated 16 October 2013
CONSIDERATION OF EVIDENCE:
1. At the time of her application, she was serving in the Regular Army as a major, pay grade O-4, Medical Corps.
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). The official stated:
a. The applicant was requesting that her 1-year ISP contract at $20,000/year effective 16 October 2013 be changed to show an effective date of 1 July 2013 based on extenuating factors which caused a delay in the execution and approval of her ISP contract with an effective date of 16 October 2013.
b. A review of the applicant's special pay and finance records indicated she executed and received payment for annual ISP contracts at $20,000/year effective 1 July 2010, 1 July 2011, and 1 July 2012.
c. The official opined that the applicant was eligible for the 1-year ISP contract at $20,000/year effective 1 July 2013 and based on the verifiable periods that could have delayed her from executing the contract within the policy for signature date, adjusting the effective date to 1 July 2013 in finance records was judicious.
3. On 27 August 2014, a copy of the advisory opinion was forwarded to the applicant for her information and opportunity to respond. No response was received.
4. The applicant provided orders reassigning her from Fort Campbell, KY to Schofield Barracks, HI and her DA Form 31 showing she was on convalescent leave from 18 July to 7 August 2013.
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; however, her extenuating circumstances delayed execution of her contract.
2. Accordingly, it would be appropriate to amend her ISP contract 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 adjusting the 16 October 2013 effective date of the applicant's 1-year ISP at $20,000/year with an effective date of 1 July 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) AR20140013215
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