IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150013699
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 her records to reflect entitlement to Medical Corps (MC) Incentive Special Pay (ISP) for the period 2009 to 2010.
2. The applicant states she was deployed to Operation Iraqi Freedom in 2009. During this time, she was entitled to sign for the MSP bonus. However, she was deployed and serving in Iraq during that time. As a psychiatrist, she was working to take care of Soldiers during that time which was a primary matter of importance which she does not regret. However, the matter of her ISP was never addressed. It usually is signed for in November. She requests to recoup the ISP that she deserves and should have been paid to her in the amount of $20,000. She is entitled to the bonus. She served in a deployed environment away as a psychiatrist helping Soldiers suffering from traumatic injuries and she continue to do so to this day. She was separated from her family. She has made sacrifices for the Army and feels she is entitled to what had been promised to her when she joined. She asks the Army upholds its end as she has hers.
3. The applicant provides her Officer Record Brief and Board of Medicine certificate.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she was appointed as a Reserve commissioned officer and executed an oath of office on 22 August 2001. She entered active duty on 7 July 2005 and completed the Army Medical Department (AMEDD) Officer Basic Course.
2. She served in a variety of assignments, including Iraq from around July 2009 to around January 2010, and she was promoted to lieutenant colonel in July 2013. She is currently assigned to Tripler Army Medical Center
3. An advisory opinion obtained on 19 March 2015 from the Chief, AMEDD Special Pay Branch, recommended approval. He stated:
a. The applicant is requesting payment of a retroactive 1-year ISP contract at $20,000 effective 1 October 2009 to 30 September 2010, during a period of deployment as a psychiatrist. A review of the applicant's military pay file indicates she received payment for all executed contracts with the exception of the ISP contract for the requested period (20091001-20100930).
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 to execute the 1-year ISP contract at $20,000 per year effective 1 October 2009 as a psychiatrist It appears during her deployment she was not afforded the opportunity to execute this contract and would be eligible for retroactive payment of the ISP contract. His office cannot initiate payment for this period.
4. The applicant was provided with a copy of the advisory opinion abut did not respond.
5. Title 37, U.S. Code, section 302, states that an officer of the MC of the Army 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. Additionally, Volume 7A, chapter 5, section 050301, of the DOD Financial Management Regulation states that to be eligible for ISP an eligible medical officer must 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 for the period 1 October 2009 to 30 September 2010 but she did not execute the ISP agreement due to what appears to be an administrative oversight and/or improper counseling during deployment.
2. The advisory opinion confirms she was entitled to ISP at $20,000 for the period 1 October 2009 through 30 September 2010. She meets the criteria for payment of this incentive and correction of her records to provide her that payment. It would be appropriate to correct her records to show that she executed the appropriate written agreement to receive ISP in the amount of $20,000 pay for the period 1 October 2009 through 30 September 2010.
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 she requested payment of ISP at $20,000 for the period 1 October 2009 through 30 September 2010 and her application was timely received and processed
* paying her 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) AR20150013699
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ABCMR Record of Proceedings (cont) AR20150013699
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