IN THE CASE OF:
BOARD DATE: 7 July 2015
DOCKET NUMBER: AR20150003141
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 records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) retroactive to 2011.
2. The applicant states he did not receive his ISP for the 2011 year. In 2011, he was told by the Special Pay Office at Walter Reed Army Medical Center that this pay is received after the year is completed. His current Special Pay Office at Landstuhl Army Medical Center states that this pay is received before the year is completed. Upon review of his records, it was determined that he did not receive the pay for the year 2011 but he was paid for the year 2014.
3. The applicant provides an email from the Office of The Surgeon General (OTSG).
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Reserve commissioned officer and executed an oath of office on 27 February 2002. He completed the Army Medical Department (AMEDD) Officer Basic Course.
2. He entered active duty on or about 15 July 2009 as an MC captain. He was assigned to Walter Reed Army Medical Center. He is now assigned to Landstuhl Army Medical Center in Germany.
3. An advisory opinion was obtained from OTSG on 19 March 2015 in the processing of this case. The Chief, AMEDD Special Pay Branch, OTSG recommended approval. He stated:
a. The applicant is requesting payment of a retroactive 1-year ISP contract at $20,000 effective 1 October 2011. He indicates he was erroneously informed that payment would come at the end of the contract. A review of the applicant's military pay file indicates he executed and received payment for annual ISP contracts at $20,000 effective 1 October 2010, 1 October 2012, and 1 October 2013. There are no contracts for 1 October 2011 or 1 October 2014.
b. Officers must bear responsibility for their part of the contract preparation, to include the inquiry as to eligibility, requesting a contract be initiated, data verification, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date. Otherwise, the effective date must be reestablished as the date of signature. All contracts executed outside of the policy signature date or received outside the funded fiscal year are returned without action.
c. The applicant was eligible for the 1-year ISP contract at $20,000 effective 1 October 2011 and based on what appears to be improper counseling, he should be entitled to retroactive payment of the ISP contract. His office cannot initiate payment for this period. The period of arrears exceeds his office's authority as granted by the Defense Finance and Accounting Service (DFAS). The official recommended payment of $20,000/year to be effective for the period 1 October 2011 to 30 September 2012.
4. The applicant was provided with a copy of the advisory opinion and agreed with the advisory opinion via email on 28 May 2015.
5. Title 37, U.S. Code, section 302, states that an officer of the MC of the Army or the Navy or an officer of the Air Force designated as a medical officer and 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 special pay in accordance with this subsection.
6. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and 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.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant was eligible for ISP commencing on 1 October 2011 but he did not execute the ISP agreement due to what appears to be an administrative oversight and/or improper counseling.
2. The advisory opinion confirms he was entitled to ISP in the amount of $20,000 pay for the period 1 October 2011 through 30 September 2012. Therefore, his records should be corrected to provide him that payment. In view of the foregoing, it would be appropriate to correct his records to show that he executed the appropriate written agreement to receive ISP in the amount of $20,000 pay for the period 1 October 2011 through 30 September 2012.
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:
* showing he requested payment of ISP in the amount of $20,000 for the period 1 October 2011 through 30 September 2012
* showing his application was timely received and processed by DFAS
* paying him ISP at the rate of $20,000, less deductions, for the period
1 October 2011 through 30 September 2012
_______ _ _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) AR20150003141
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ABCMR Record of Proceedings (cont) AR20150003141
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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