RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       23 March 2006
      DOCKET NUMBER:  AR20050015080


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Jeffrey P.  Parsons           |     |Member               |
|     |Mr. Edward E. Montgomery          |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, retroactive award of Incentive
Special Pay (ISP) for the period 1 October 2003 through 30 September 2004
and for the period 1 October 2004 through 30 September 2005.

2.  The applicant states, in effect, that he was informed that he was
ineligible for ISP for the year 1 October 2003 through 30 September 2004.
He then began a second residency on 1 July 2004 and in September he was
told he was ineligible to receive ISP for the period 1 October 2004 through
30 September 2005.  It was not until 15 September 2005 that his eligibility
was determined by special pay at Tripler Army Medical Center.  The
applicant is therefore requesting retroactive payment of ISP for 2003 and
2004.

3.  The applicant provides copies of his Officer Record Brief (ORB) in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed in the
United States Army Reserve, Medical Corps, as a captain, on 4 June 1998.

2.  The applicant completed a family practice residency at Womack Army
Hospital, Fort Bragg, North Carolina, in December 1999.  He is currently a
resident in radiology diagnostics at Tripler Army Medical Center, Honolulu,
Hawaii.

3.  In the processing of this case, an advisory opinion was requested of
The Office of The Surgeon General.  The Chief, Army Medical Department
(AMEDD) Special Pay Branch, the Office of The Surgeon General, provided
this Board an advisory opinion on 9 November 2005.

4.  In the advisory opinion, the Chief, AMEDD Special Pay Branch, stated:

      a) the ISP agreement requires execution and submission by the officer,
through their chain of command, for payment.  Officers must execute their
agreement no earlier than 90 days, but no later than 30 days from the
effective date.  After that period, the date of signature becomes the new
effective date.
b) the applicant is requesting payment of ISP at $13,000/each year for the
period of 1 October 2003 through 30 September 2004, and 1 October 2004
through 30 September 2005, based on being incorrectly counseled as not
eligible for these payments.


      c)  A review of the applicant's military pay file indicates no record
of any other ISP agreement submissions for the periods requested.  It
appears that the applicant was not advised properly of the eligibility to
execute the agreement.

5.  The Chief AMEDD Special Pay Branch opined that in order to correct the
situation within the applicant's request and within established policies,
and procedures, he recommended that payment of the outstanding ISP for
$13,000/year effective 1 October 2003 through 30 September 2004 be approved
for payment.  He added that the AMEDD Special Pay Branch could not initiate
payment of ISP for this period; the period of arrears exceeded the
authority granted his office by the Defense Finance and Accounting (DFAS) –
Indianapolis Center.

6.  The Chief, AMEDD Special Pay Branch, stated that his office had
authorized payment of the outstanding ISP for $13,000/year effective 1
October 2004 through 30 September 2005.  Payment for this period would be
released at the end of month, November 2005.  In view of the fact that
this portion of the applicant's request has been addressed satisfactorily
by the Office of The Surgeon General, the issue of payment of ISP, for the
period 1 October 2004 through 30 September 2005, will not be addressed
further in this Record of Proceedings.

7.  The opinion was forwarded to the applicant for acknowledgement/rebuttal
on 17 November 2005.  The applicant responded to the advisory opinion on
1 December 2005.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was fully eligible and entitled to
payment of the ISP at $13,000/year for the period of 1 October 2003 through
30 September 2004.

2.  Based on a review of the applicant's file by the AMEDD Special Pay
Branch, Office of The Surgeon General, it appears the applicant was not
properly counseled by personnel at his former duty station as to his
eligibility to execute an ISP agreement for the period.

3.  The Special Pay Branch could not initiate ISP to cover the period from
1 October 2003 through 30 September 2004, because the period of arrears
exceeded the authority as granted by DFAS for payment.

4.  In view of the foregoing, the applicant's records should be corrected
as recommended below.

BOARD VOTE:

__JPP___  __EM____  __JI___  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
awarding the individual concerned payment of the Medical Corps Incentive
Special Pay at $13,000/year for the period 1 October 2003 through
30 September 2004.




                                  _____John Infante________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050015080                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060323                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  283  |128.0000                                |
|2.   300                |128.1700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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