MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 May 2000
	DOCKET NUMBER:   AR2000038049

	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. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Lester Echols		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 afforded the opportunity to enter into a Multi-year Specialty Pay (MSP) contract when eligible.

APPLICANT STATES:  That previous medical officers that have been West Point or ROTC graduates have been eligible for MSP while still having a military obligation and without increasing that obligation once 8 years of medical corps service has been completed.  In April 2000 he will go over 8 years of medical corps service and would like the same benefits that have been extended to other medical corps officers.  His application is dated 22 February 2000.

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

The applicant was commissioned as a Regular Army second lieutenant (2LT) upon graduation from West Point on 27 May 1987.  On 4 July 1987 he was discharged from the Regular Army for the purpose of accepting a USAR commission and participating in the Health Professional Scholarship Program at the Uniformed Services University of Health Sciences.  He was commissioned as a USAR 2LT on 5 July 1987.  He was promoted to the rank of captain on 16 May 1992 and accepted a Regular Army appointment as captain in the medical corps on 18 October 1994.  He was promoted to the rank of major on 16 May 1998.

In the processing of this case a staff advisory opinion was obtained from the Office of the Surgeon General (OTSG) Special Pay Branch.  It opines, in effect, that as of the date he has applied to the Board, he is not eligible to enter into a MSP contract and the earliest he would be eligible to enter into such a contract will be 16 May 2000, the date he will complete 8 years of medical corps service.  The opinion was provided to the applicant for comment; however, to date, he has failed to respond. 

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(s), it is concluded:

1.  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.

2.  The applicant’s application to this Board is dated 22 February 2000 and as of that date he is not eligible to enter into a MSP contract.  Furthermore, he has failed to show that he has ever attempted to enter into such a contract and was unjustly denied enrollment. 

3.  There is no evidence in the available records to show that the applicant has exhausted his administrative remedies by applying for such a contract through his chain of command and the Board is not the proper venue for doing so.

4.   Accordingly, until such time as the applicant can show to the satisfaction of the Board that he is eligible for a MSP contract and has been unjustly denied such enrollment, there is no basis for the Board to further consider his request.

5.  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

___ao___  __le____  ___vbc___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000038049	
SUFFIX		
RECON		
DATE BOARDED	2000/05/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  299	128.1600/MSP	
2.		
3.		
4.		
5.		
6.