PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           12 October 2000                   
	DOCKET NUMBER:   AR2000042423

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 an amended application, that he be determined to be eligible for a Multiyear Special Pay (MSP) bonus beginning in July 1999 with an extension of his obligation to 30 June 2008.

3.  The applicant states that he asked the special pay branch at Walter Reed Army Medical Center about the MSP in July 1999 and was informed that he was not eligible for the bonus.  

4.  The applicant’s military records show that he was commissioned out of West Point in 1983.  He was released from active duty in 1985 to attend medical school.  He re-entered active duty in 1988 as a Medical Corps officer.  

5.  In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG), Army Medical Department Special Pay Branch on 19 June 2000 (SEE ATTACHED).

6.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He rebutted the opinion (SEE ATTACHED).  After discussing his case with OTSG, he amended his application.  He stated he understood that he became eligible for MSP in 1997.  He requested a retroactive MSP for 4 years beginning July 1999 with the extension of his obligation to 30 June 2008.

7.  OTSG provided a second advisory opinion based upon the applicant’s amended request (SEE ATTACHED).  OTSG recommended that the applicant execute an MSP contract for $10,000 with an effective date of 1 July 1999 and an obligation beginning date of 1 July 2004 with an associated 4-year obligation beginning 1 July 2004 through 30 June 2008.  OTSG likewise recommended that the applicant execute a Multiyear Incentive Special Pay (MISP) contract for $36,000 with an effective date of 1 July 1999.  (Although the advisory opinion stated the MSP/MISP contracts should be prepared, signed and endorsed by the applicant’s local command, OTSG confirmed that the request required Board action.)  The applicant would be due $20,000 for fiscal years (FY) 1999 and 2000 MSP payments and $11,000 for a renegotiated for FY 1999 MISP.  Total due to the applicant to date would be $31,000 prior to tax adjustment.  Anniversary futures for MSP at $10,000 per year should be established for 1 July 2001 and   1 July 2002 and MISP at $36,000 per year should be established for 1 July 2001 and 1 July 2002.  He had been paid $36,000 MISP for 1 July 2000.

8.  A copy of the advisory opinion was provided to the applicant and he concurred in the opinion.

CONCLUSIONS:

1.  The Board concludes that the applicant should receive the relief requested in accordance with the advisory opinion.
2.  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 by:

     a.  showing that the applicant executed a 4-year MSP contract effective 1 July 1999; by paying him the two overdue installments of $10,000 per year for 
the years beginning 1 July 1999 and 1 July 2000; and by paying him his third and fourth installments of $10,000 on 1 July 2001 and 1 July 2002, respectively; and

     b.  showing that the applicant renegotiated his MISP contract effective 1 July 1999; by paying him $11,000 for the difference between what he had been paid for MISP and what he is due for the renegotiated contract for the year 1 July 1999 and by paying him his third and fourth installments of $36,000 on 1 July 2001 and 1 July 2002, respectively.

2.  That all Department of the Army records pertaining to the applicant be corrected to show an associated 4-year obligation beginning 1 July 2004 through 30 June 2008.

BOARD VOTE:  

__jdm___  __cjs___  __jed___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John D. Miller
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000042423	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.0017	
2.		
3.		
4.		
5.		
6.