PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 December 1998                   
	DOCKET NUMBER:   AC98-09764

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. John H. Kern		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests payment of Medical Additional Special Pay (MASP) for the period 1 July 90 – 30 June 1991 and payment of Incentive Special Pay (ISP) for the period 1 October – 30 December 1990.

3.  The applicant states his contracts entitle him to these payments.

4.  The applicant’s military records show that he is a commissioned officer in the Army Medical Corps.

5.  In the processing of this case an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General.  The opinion noted that the applicant was eligible to enter into a one-year MASP agreement upon graduation from his residency and entry into a fellowship.  He should have executed an MASP contract at $15,000 for the period 1 July 1990 – 30 June 1991.  However, his specialty, pathology, was not eligible for ISP until 1 January 1991, so his execution of an ISP contract effective 1 January – 31 December 1991 is correct.  The opinion recommended he be paid MASP at $15,000 per year for the requested period.

CONCLUSIONS:

1.  The applicant is entitled to MASP for the period 1 July 1990 – 30 June 1991.

2.  The applicant is not entitled to ISP for the period 1 October –30 December 1990 as his specialty of pathology was not eligible for ISP until 1 January 1991.  His ISP contract was properly executed.

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by paying the individual concerned MASP at $15,000 per year for the period 1 July 1990 – 30 June 1991.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

RVO____  GDP____  JHK_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-09764	
SUFFIX		
RECON		
DATE BOARDED	19981202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.06	
2.		
3.		
4.		
5.		
6.