PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR2000036110

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 she be given a contract for Medical Corps Multi-Year Special Pay (MSP) retroactive to 1 July 1997.

3.  The applicant states that she was not informed that she was eligible to receive MSP until after a revision of the definition had been made to exclude personnel who have a consecutive obligation after ROTC.

4.  The applicant’s military records show that she was commissioned as a USAR Medical Corps captain on 17 May 1987 and was promoted to the rank of lieutenant colonel in the Regular Army on 1 October 1999 with a military occupational specialty of a Radiologist.

5.  In the processing of this case a staff advisory opinion was obtained from the special pay branch of the Office of the Surgeon General (OTSG).  It opined, in effect, that the applicant previously declined a contract on the premise that the obligation would be added to previous obligations incurred.  However, since the policy has been further clarified, she should receive a 4-year MSP contract retroactive to 1 July 1997 with entitlement to MSP payments of $8,000 per year for the years 1997, 1998, 1999, and the last payment on 1 July 2000.  It further opined that she is also due $1,000.00 in back pay for her Incentive Specialty Pay (ISP) in 1998 because she only received $30,000.00 of her $31,000.00 entitlement and that she would be entitled to $24,000.00 in back MSP payments (before taxes) as well. 

6.  The opinion was referred to the applicant and she responded with a concurrence of the opinion.

CONCLUSIONS:

1.  The applicant was eligible to enter into an MSP contract in 1995; however, she declined to do so at the time.  Subsequent to that date policy interpretations were made which indicate that the applicant was eligible to receive MSP without incurring additional obligations. 

2.  Given the circumstances in this case, the Board is inclined to believe that the applicant would have entered into an MSP contract had she been informed that she would not have incurred additional active duty service obligations (ADSO) 

3.  Therefore, the Board concurs with the opinion of the OTSG that under the current policy interpretations, the applicant should be entitled to enter into a retroactive MSP contract for the period of 1 July 1997 to 30 June 2000, with retroactive payments of $8,000.00 per year 

4.  Accordingly, it would be in the interest of justice to grant the applicant past MSP payments in the amount of $24,000 ($8,000 on 1 July 1997, $8,000 on 1 July 1998, $8,000 on 1 July 1999, and the final payment on 1 July 2000.  Additionally, the applicant should receive the $1,000.OO in ISP payments for the 1998 ISP contract year if in fact she did not receive her full entitlements.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected in the interest of justice by authorizing the individual concerned an MSP contract for the period of 1 July 1997 to 30 June 2000 and $24,000 in past MSP payments ($8,000 on 1 July 1997, 1998, and 1999),

2.  That the individual concerned also be paid any ISP payments that she is due from her ISP contract in which she should have received her annual payment of $31,000.00 in 1998.     

BOARD VOTE:  

___ja ___  ___tsk___  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____James M. Alward_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000036110	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  299 	128.1600/MASP	
2.		
3.		
4.		
5.		
6.