PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  10 August 2000
	DOCKET NUMBER:  AR2000039546

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Ms. Karen A. Heinz		Member	
	Mr. John Saputo		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 his record be corrected to show entitlement to Multi-Year Special Pay (MSP) from 1 October 1994 to 30 September 1998.

3.  The applicant states that he inquired several times about signing an MSP contract and was informed he was not eligible.

4.  The applicant’s military records show that he became eligible to sign a MSP contract effective 1 October 1995.

5.  On 14 April 2000, the Office of The Surgeon General (OTSG) opined that the applicant was entitled to MSP as shown on the enclosed opinion.  It appears the applicant declined the MSP contract on the premise that the obligation would be additive to all active duty obligations.  His request can only be supported for the period 1 October 1995 to 30 September 1999, with concurrent active duty obligation.  This opinion also indicated the applicant had been over paid by $13,000 for his linked-Incentive Special Pay (ISP) during this period.  He was entitled to $24,000 for his ISP, based on a rate of $6,000 per year.

6.  On 24 April 2000, the OTSG opinion was furnished to the applicant for his acknowledgement/rebuttal.  The applicant concurred on 1 May 2000.

CONCLUSIONS:

1.  There is no evidence that the applicant intentionally failed to execute the agreement, rather he was provided information to the contrary; therefore, his records should be corrected accordingly.  In his concurrence with the advisory opinion, he accepted an active duty service obligation from 1 October 1995 to   30 September 1999.

2.  The evidence of record shows he was paid $37,000 for ISP during the period 1 October 1995 to 30 September 1999.  During that period he was only authorized a total of $24,000, which created a $13,000 overpayment.

3.  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:

a.  by showing he was entitled to MSP for the period 1 October 1995 to     30 September 1999, based on the rate of $14,000 per year – a total of $56,000; 

b.  by showing he was entitled to ISP for the period 1 October 1995 to     30 September 1999, based on the rate of $6,000 per year – a total of $24,000 (officer was paid $37,000, creating a $13,000 overpayment); and, 

c.  by recoupment of the $13,000 overpayment for ISP during the period    1 October 1995 to 30 September 1999.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__mm___  __kh___  __js___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

		__Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AR2000039546	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.128	MSP/ISP	
2.		
3.		
4.		
5.		
6.