MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  18 August 1999
	DOCKET NUMBER:   AR1999026340

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

	Mr. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Edward L. Williamson		Member	
	Ms. Sherri V. Ward		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  in effect, that he be allowed to renegotiate his incentive special pay (ISP).

APPLICANT STATES:  In effect, that while attending training at the University of California, he was not informed that he could renegotiate his ISP upon completion of his fellowship training on 30 June 1997.  He further states that he also receives medical additional specialty pay (MASP) beginning in July and that other physicians who simultaneously received MASP and ISP were allowed to change the ISP contract effective date so that the ISP term ran concurrently with the MASP term thereby minimizing confusion over bonus dollar amounts and military service obligations.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant’s military records indicate that he is currently serving on active duty in the rank of major at Tripler Army Medical Center, Hawaii.

In the processing of this case, the staff of the Board received an advisory opinion (COPY ATTACHED) from the Office of the Surgeon General, Chief, Army Medical Department Special Pay Branch, stating, in effect, that an ISP agreement promulgated at the beginning of each fiscal year in accordance with Tile 37 USC, Section 302(b), may be renegotiated on or after 1 October for a 
1 year term and 1 year service obligation, only if the new agreement results in a higher rate of pay than the agreement being terminated; that this policy is not applicable to an individual under medical specialty pay; and that since he was under an existing ISP agreement with no change of dollar rate when he completed his interventional radiology fellowship on 30 June 1997, he was not eligible to renegotiate his ISP agreement.  The advisory opinion further stated that the option to renegotiate ISP was not intended to allow medical officers to arbitrarily terminate an ISP agreement solely for the purpose of changing the anniversary date to coincide with a MASP agreement, retirement, resignation, or release from active duty date. 

On 3 June 1999, the staff of the Board provided a copy of the advisory opinion to the applicant for his comment or rebuttal.  The applicant did not reply to advisory opinion within the allotted time frame of 30 days.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  The applicant’s request lacks merit when the evidence of record is considered.

2.  Since the information provided in the advisory opinion indicates that there is no basis to change his incentive special pay agreement and that the effective date of an ISP agreement cannot be renegotiated to coincide with the term of another specialty pay agreement, then there is no error or injustice in the term of his ISP agreement which is renewable annually on 1 October.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RO___  __EW___  __SW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999026340	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990818	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA  	
DISCHARGE REASON	NA	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128	
2.		
3.		
4.		
5.		
6.