PROCEEDINGS

	IN THE CASE OF:       
	
	BOARD DATE:            23 August 2001
	DOCKET NUMBER:    AR200050603

	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. Walter Avery, Jr.		Analyst	

The following members, a quorum, were present:

	Mr. John H. Kern 		Chairperson	
	Mr. Thomas Lanyi		Member	
	Ms. Paula Mokulis		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 records be corrected to show that he was given a contract for Medical Corps Multi-Year Special Pay (MSP) in 1999 and 2000.

3.  The applicant states that he was not informed that he was eligible to receive MSP and would like the opportunity to sign a 4-year MSP contract.

4.  The applicant’s military records show that on 11 June 1974 he was appointed a captain in the medical corps of the US Army Reserve.  He entered the Regular Army on 6 July 1974, was promoted to major, and was separated on 15 July 1979.  He was voluntarily ordered to active duty in the grade of major on 10 July 1999 for three years.  He is currently a major on active duty.

5.  In the processing of this case, an advisory opinion was obtained from the Office of the Surgeon General (OTSG).  The OTSG opined that the applicant was eligible to execute an MSP and a Multi-year Incentive Special Pay (MISP) contract and there is no reason to deny his request.  His eligibility for MSP does not appear in his initial accession orders, and he was not made aware of the MSP upon his inprocessing onto active duty.  The OTSG recommends that the applicant be authorized to execute a 4-year, $8,000 per year, MSP and a $29,000 per year MISP effective 1 October 1999 to 30 September 2003, but cautions that the overlapping period of his previous annual, 29,000 per year, ISP effective 10 July 1999 – 9 July 2000 and 10 July 2000 – 9 July 2001, would require a prorated recoupment to correspond to the new MISP contract period.

6.  The opinion was referred to the applicant without response.

7.  The MSP program is a voluntary retention incentive program for Medical Corps officers wherein they agree to continue on active duty in their specialties for incremental periods of 2, 3, or 4 years.  In return, the Army agrees to pay them MSP on the anniversary date of each year of their extended service.

8. The Fiscal Year 2000 Army Medical Corps Officer Special Pay Policy, Plan and Rates message (date/time group-181101Z AUG 99) was effective 1 October 1999.  The message states that the active duty obligation resulting from MSP could not be served concurrently with the active duty obligation resulting from education and training.

9.  The same message also stated that the Assistant Secretary of Defense (Health Affairs) authorized execution of MISP agreements in conjunction with MSP agreements.  As a result, this message requires that any Medical Corps Officer who is renegotiating or executing a new MSP agreement will also execute a MISP agreement for the same effective date and duration as his or her MSP agreement.

CONCLUSIONS:

1.  The applicant’s records indicate that he entered active duty without an active duty obligation resulting from education or training.  Given the circumstances in this case, the Board is inclined to believe that the applicant would have entered into an MSP and MISP contract had he been informed of his eligibility. 

2.  Therefore, the Board concurs with the opinion of the OTSG that the applicant should be entitled to enter into a retroactive MSP and MISP contracts for the period of 1 October 1999 to 30 September 2003, with retroactive payments.

3.  Award of the MISP will cause an overlapping payment period with the ISP resulting in the need for a prorated recoupment of ISP payments. 

4.  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:

a.  showing that the individual concerned was eligible to receive MSP for the period 1 October 1999 to 30 September 2003,

b.  showing that he was also eligible to receive MISP for the period 1 October 1999 to 30 September 2003,

c.  paying to him all back pay that may be due as a result of this correction, and

	d.  recoup overlapping ISP payments on a prorated basis to correspond to the dates of the new MISP contract period.

BOARD VOTE:  

___pm ___  ____jhk___  __tl __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John H. Kern ____
		        CHAIRPERSON

INDEX

CASE ID	AR2000050603	
SUFFIX		
RECON		
DATE BOARDED	20010823	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant	
REVIEW AUTHORITY		
ISSUES         1.  299 		
2.		
3.		
4.		
5.		
6.