PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  2 March 2000
	DOCKET NUMBER:   AR1999028254

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Edwin S. Castle		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Stanley Kelley		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 that he be approved for and paid four years of Multi-year Special Pay (MSP) from 1 July 1997 to 1 July 2000.

3.  The applicant states that he was not offered and he did not request MSP when he entered active duty as Medical Corps Pediatrician.  He has no active duty service obligation for medical training or education and should have been offered a 4 year MSP based on his 4 year contract beginning on 1 July 1997.  He provides a copy of his 4 year MSP contract for the period 1 July 1997 to 30 June 2001 which is countersigned by his commanding officer as approval authority.

4.  The applicant’s military records show that he was appointed a USAR second lieutenant from ROTC effective 12 June 1990.  He was immediately transferred to the USAR Officer Active Duty Obligor (OADO) Control Group for completion of medical school.  The reassignment order states that he was a scholarship recipient with a service obligation.  Effective 11 June 1993 he was promoted to first lieutenant.

5.  Effective 5 July 1995 he was ordered to active duty for 2 years of pediatrics residency training.  His active duty commitment was shown as 5 years plus 2 years of residency training.  His adjusted date of appointment in the grade of  O-3, based on constructive service credit, was 4 July 1994.  Effective 1 July 1997 he completed residency training and was assigned as a Medical Corps captain.  His active duty obligation expires on 30 June 2001.

6.  In the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG), special pay branch.  The OTSG opinion states that MSP active duty obligations for ROTC officers run concurrently with their ROTC obligation and the applicant should have been offered an MSP contract beginning 1 July 1997.  Based on his medical specialty the applicant was eligible for $8,000 annually of MSP through 30 June 2001.  The applicant acknowledged and concurred with the advisory opinion.

CONCLUSIONS:

1.  Based on the evidence of record and that submitted by the applicant, along with the advisory opinion from the OTSG, he is entitled to approval and payments for his MSP contract beginning on 1 July 1997 and ending on 30 June 2001.

2.  Based on an MSP start date of 1 July 1997 the applicant is entitled to 3 installments at $8,000 each upon approval of these Board Proceedings and a final payment on 1 July 2000.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  approving the 4 year MSP contract of the individual concerned in the amount of $8,000 per year with an active duty obligation through 30 June 2001; and

b.  authorizing immediate payment of the first three installments with the forth installment due on 1 July 2000.

BOARD VOTE:  

__EC___  ___KN__  ___SK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Edwin S. Castle____
		        CHAIRPERSON

INDEX

CASE ID	AR1999028254	
SUFFIX		
RECON		
DATE BOARDED	20000302	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.