PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000       
	DOCKET NUMBER:   AR2000037085

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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, in essence, authorization for payment of Multiyear Special Pay (MSP) beginning 1 July 1999.   

3.  The applicant states, in essence that he did not request this payment because he was not notified of change in bonus criteria, that is he believed he had an additional service commitment due to graduation from a Reserve Officers’ Training Corps (ROTC) program.  He submits copies of approved contracts (essentially requests for approval) for MSP, to be effective 1 July 1999, in the amount of $8,000 per year, for 4 years service (through 30 June 2003);  for Medical Corps Incentive Special Pay (ISP), effective 1 July 1999, in the amount of $30,000.00 per year for 1 year service (through 30 June 2000);  and for Medical Additional Special Pay (MASP), effective 1 July 1999, in the amount of $15,000 per year, for 1 year service (through 30 June 2000).  All of these contracts have been approved by his commander, a brigadier general, at Beaumont Army Medical Center, Fort Sam Houston, Texas, on  either 
19 May or 16 December 1999.   

4.  The applicant’s military records show that he is an ROTC graduate, and has a 9-year service obligation based on the completion of his Graduate Medical Education program in June 1999.  He is currently serving on active duty as a major, Medical Corps (MC), as a Radiologist (Diagnostic).  

5.  The Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General, has essentially advised the Board that the Department of Defense has notified the Service Medical Departments that effective 1 October 1999, officers who have both an Active Duty Obligation (ADO)  based upon medical education/training and an ROTC service commitment, must serve these commitments consecutively.  However, since the applicant began serving his military obligation before 1 October 1999, he only has a 9-year ADO through 
30 June 2008, to include his ROTC commitment.  Therefore, he is entitled to both an MSP payment and a linked ISP payment.  Additionally, that office has advised that the MASP payment has already been approved and paid and need not be further addressed.  

6.  The applicant is therefore entitled to an $8,000 MSP payment, effective 1 July 1999, subject to taxes, which has not been paid.  This contract is good for 
4 years, payable though 30 June 2003.  He also is entitled to an annual ISP payment of $30,000, linked to his MSP contract, but the ISP contract must be renewed annually for the period 1 July through 30 June of the succeeding year.  The first ISP payment was made effective on 1 July 1999.  . 

7.  This advisory opinion was referred to the applicant who concurred.  

8.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the armed forces.  For Army Medical Corps Officers (Physicians), these special pays are:  1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty;  2) Board Certification Pay (BCP) which is paid monthly to all board certified Medical Corps Officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date (HPPED);  3) MASP which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) at the current rate of $15,000 (less taxes) for a one year active duty obligation that can be served concurrently with all other obligations;  4) ISP which is paid based on a variable rate to selected MC Officers who hold the specialties eligible to receive this pay for a one year active duty obligation that may be served concurrently with all other obligations; and  5) MSP which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected MC Officers based on their specialty.  This pay is authorized concurrently with MASP and ISP.  The Chief, AMEDD Special Pay Branch provides information to the Board on a regular basis as to the current authorizations for such pay.  

CONCLUSIONS:

1.  The applicant was eligible for the MSP and the linked ISP for a 4-year period of service for the period 1 July 1999 through 30 June 2003, at the annual rates of 
$8,000 and $30,000 pay per year, respectively.  However, annual applications for the ISP are required. 

2.  Due to misunderstanding concerning his service obligation, the applicant did not apply for his MSP payments beginning on 1 July 1999.  Nevertheless, in connection with his application to this Board, he submitted an appropriately completed MSP agreement, as well as an ISP agreement and a MASP agreement, all of which were approved by his commander.  

3.  Based on his completed contracts, and the advisory opinion from the Office of the Surgeon General, the applicant is entitled to one retroactive MSP payment, at the rate of $8,000 per year for the period 1 July 1999 through 30 June 2000.  He will also be entitled to future MSP payments at the same rate beginning on 1 July 2000, 1 July 2001 and 1 July 2002.  This first payment and subsequent payments are gross amounts, prior to the appropriate income tax computations being applied.  The applicant concurs in this assessment.

4.  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 showing that the individual concerned is entitled to retroactive payment of MSP at the $8,000 annual rate for the period of active duty from 1July 1999 through 30 June 2000.  

BOARD VOTE:  

__mdm__  __wtm___  __clg___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2000037085	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.06	
2.		
3.		
4.		
5.		
6.