PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            8 March 2001                  
	DOCKET NUMBER:   AR2000049446

	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. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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 payment of Incentive Special Pay (ISP) for 1997, 1998, and 1999.

3.  The applicant states that he applied for and received Medical Additional Special Pay, Variable Special Pay, and Board Certification Pay but he was not counseled about eligibility for ISP as he was for these other payments.  He only learned of his eligibility for ISP recently.

4.  The applicant’s military records show that he was commissioned and entered active duty in the grade of captain in the Medical Corps on 28 June 1997.

5.  In the processing of this case, an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch.  The opinion noted  that the applicant was eligible to enter into his first annual ISP contract effective  1 October 1997, 90-days post residency graduation.  It appears he was not counseled on his eligibility or became aware of his eligibility until recently.  Based on his eligibility for and request for payment of ISP, that office recommended authorization of ISP effective 1 October 1997 for $11,000.00; effective 1 October 1998 for $12,000.00; and effective 1 October 1999 for $13,000.00.  That office noted that he did not submit for or request in this petition the annual ISP contract for 1 October 2000 and later informed the Board that he may have personal reasons for not doing so.

6.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board notes that the applicant applied for three other special pays that he was counseled he was eligible for.  The Board concludes that it is reasonable to believe that had he been counseled he was eligible for the ISP, he would have applied for that special pay in a timely manner, also.

2.  In view of the foregoing and in accordance with the advisory opinion, 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 showing the applicant executed an annual ISP contract effective     1 October 1997 for $11,000.00; an annual ISP contract effective 1 October 1998 for $12,000.00; and an annual ISP contract effective 1 October 1999 for $13,000.00.

2.  That the Defense Finance and Accounting Service pay the applicant all monies due as a result of the above corrections.

BOARD VOTE:  

__rwa___  __bjl___  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Roger W. Able
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049446	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.17	
2.		
3.		
4.		
5.		
6.