IN THE CASE OF:
BOARD DATE: 28 October 2014
DOCKET NUMBER: AR20140013403
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, correction of his military records to show he contracted for Incentive Special Pay (ISP) for the period from 1 October 2013 to 30 September 2014 with a rate of $26,000 vice $20,000.
2. The applicant states he completed specialty training in gastroenterology on
30 June 2013.
3. The applicant provides copies of:
* Special Pay - Record Brief (3 pages)
* Certificate, National Capital Consortium Fellowship Training in Internal Medicine Gastroenterology, 1 July 2010 to 30 June 2013
CONSIDERATION OF EVIDENCE:
1. At the time of the applicant's application, he 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).
a. The applicant is requesting correction and payment for a 1-year ISP contract at $20,000/year effective 1 October 2013 as a gastroenterologist. The contract rate should have been $26,000/year for his specialty, but the applicant executed the contract with the wrong rate and is now requesting payment of the $6,000 difference.
b. The opinion stated that a review of the applicant's military pay file shows the following recent contracts:
* A 1-year ISP contract at $20,000 per year effective 1 October 2010
* A 1-year ISP contract at $20,000 per year effective 1 October 2011
* A 1-year ISP contract at $20,000 per year effective 1 October 2012
* A 1-year ISP contract at $20,000 per year effective 1 October 2013
c. 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.
d. The advisory opinion clearly stated the applicant was eligible for the
1-year ISP contract at $26,000/year effective 1 October 2013 and would be eligible for the additional $6,000 rate difference.
4. On 22 August 2014, a copy of the advisory opinion was forwarded to the applicant for his information and opportunity to respond. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The opinion rendered by the OTSG clearly states the applicant was fully qualified and eligible for ISP during the period requested and at the rate of $26,000/year. Apparently, the applicant did not notice the change in rate when he executed the contract.
2. As a matter of equity, the applicant's request should be granted. Therefore, his contract should be corrected to show he contracted for an ISP rate of $26,000/year effective 1 October 2013.
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. correcting his ISP contract for the period 1 October 2013 to 30 September 2014 to show a rate of $26,000/year; and
b. paying him the $6,000 difference.
____________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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