PROCEEDINGS

	IN THE CASE OF

	BOARD DATE:           5 April 2000                  
	DOCKET NUMBER:   AR2000037644

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Lester Echols		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, payment of Incentive Special Pay (ISP) from 12 October 1997-11 October 1998 and from 12 October 1998-11 October 1999, in the amount of $9,000 per year.     

3.  The applicant states, in essence that he did not request these payments because of questions of his eligibility for these payments.  He submits copies of two requests for ISP, both dated 18 May 1999, one for the period 12 October 1997-11 October 1998 and the second for the period 12 October 1998-
11 October 1999, both in the amount of $9,000 per year.  These requests were approved by his commander, a Medical Corps colonel, on 21 May 1999.   

4.  The applicant’s military records show that he is serving on active duty as a lieutenant colonel, Medical Corps (MC), as an Internist, military occupational specialty (MOS) 61F, assigned at the time of application to the Walter Reed Army Medical Center, now assigned to medical duties in the Far East. 

5.  The Chief, Army Medical Department (AMEDD) Special Pay Branch, Office of the Surgeon General, has advised the Board that the applicant properly entered into a 4-year Multi-Year Special Pay (MSP) contract as an Internist, payable at the rate of $14,000 per year for the period from 12 October 1995 through 
11 October 1999.  Secondly, he also was eligible for a linked ISP payment of $9,000 per year for the same 4-year period.  However, the opinion states, in essence, that he had to request the ISP payments yearly.  He apparently was miscounseled and the opinion recommends that the applicant be authorized 
2 years of ISP payments, of $9,000 per year (total of $18,000 prior to tax adjustment), for the period 12 October 1997 through 11 October 1999.

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

7.  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) Medical Additional Special Pay (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) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps 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) Multiyear Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps Officers based on their specialty.  This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.  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 the entire 4-year period 12 October 1995 through 11 October 1999, at the annual rates of 
$14,000 and $9,000 pay per year, respectively.  However, annual applications for the ISP were and still are required.

2.  For reasons unknown, he was improperly advised that the was not authorized the ISP for beginning in October 1997 and October 1998.  Nevertheless, in connection with his application to this Board, he submitted appropriately completed ISP agreements, which were approved by his commander.  

3.  Based on these submissions, and the advisory opinion from the Office of the Surgeon General, it is clear that the applicant is entitled to retroactive ISP payments, at the rate of $9,000 per year for the period 12 October 1997-
11 October 1998 and from 12 October 1998-11 October 1999.  These 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 ISP at the $9,000 annual rate for the period of active duty from 12 October 1997-
11 October 1998 and from 12 October 1998-11 October 1999.   

BOARD VOTE:  

__rvo___  ___sk____  __le____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Raymond V. O’Connor Jr.__
		        CHAIRPERSON

INDEX

CASE ID	AR2000037644	
SUFFIX		
RECON		
DATE BOARDED	20000405	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.