PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 May 2000
	DOCKET NUMBER:   AR2000040512

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		Member	
	Mr. Kenneth L. Wright		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 Incentive Specialty Pay (ISP) be corrected to show an effective date of 12 January 1999.

3.  The applicant states that the current effective date for his ISP contract is 14 April 1999; however, he believes that he should have been eligible to enter into his contract on 12 January 1999.

4.  The applicant’s military records show that he was commissioned as a USAR second lieutenant on 17 May 1988.  He was ordered to active duty as a captain in the medical corps on 18 June 1992 and served in that capacity until he was honorably discharged on 30 June 1996 due to his approved unqualified resignation.

5.  On 12 January 1999 he was ordered to active duty in the rank of major for a period of 4 years.

6.  In the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG) which opines, in effect, that the applicant was eligible to initiate an ISP agreement upon his entry on active duty              (12 January 1999) and it appears that he was not afforded the opportunity to do so.  The OTSG further opined that while it will not affect the monies he has been paid to date, it will affect the effective date of his payments.  The OTSG recommended that the effective date of his ISP contract be changed to reflect the date he entered active duty.  The opinion was referred to the applicant and he concurred with the findings of the OTSG.

CONCLUSIONS:

1.  The applicant was eligible to initiate an ISP agreement on the date he entered active duty on 12 January 1999; however, there is no evidence to show that he was afforded the opportunity to do so.

2.  Therefore, it would be in the interest of justice for the Board to authorize him the opportunity to do so by changing the effective date of his current ISP contract from 14 April 1999 to 12 January 1999, with entitlement to all back pay and allowances that he would have received had the error not occurred.

3.  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 entered into his current ISP contract on 12 January 1999, instead of 14 April 1999 as currently reflected, and that he receive all back pay and allowances that he may be due as a result of that change.

BOARD VOTE:  

_ewl ____  __klw ___  ___eja __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Elzey J. Arledge, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040512	
SUFFIX		
RECON		
DATE BOARDED	2000/05/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  300	128.700/ISP	
2.		
3.		
4.		
5.		
6.