PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2001
	DOCKET NUMBER:   AR2001052778

	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. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		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 effect, that he be paid Incentive Special Pay (ISP) for calendar year 1999.

3.  The applicant states, in effect, that his ISP contract for 1999 was not processed at Fort Sam Houston, Texas and he was not aware of this omission until his contract for the year 2000 was being processed.  In support of his application, he submits a copy of a memorandum and certificate from the American Board of Dermatology, a copy of his orders bringing him on active duty, and copy of a memorandum from the Chief, Special Pay Branch, Office of the Surgeon General (OTSG), SUBJECT: Request for Medical Corps Incentive Pay.

4.  The applicant’s military records show that on 3 December 1999, he was ordered to active duty to serve in the Medical Corps with a 3 year active duty obligation.  His specialty is dermatology and he is currently assigned to the United States Army (USA) Medical/Dental Activity (MEDDAC), Fort Knox, Kentucky.

5.  In connection with the processing of this case an advisory opinion was obtained from the Chief, Army Medical Department Special Pay Branch, OTSG, who states the applicant was eligible to enter a one year ISP contract, effective 12 September 1999, with a correct rate payable of $12,000.00.  The Chief, Army Medical Department Special Pay Branch, OSTG further opined that the applicant was incorrectly counseled and his failure to receive his ISP appears to have been through no fault of his own and recommends the applicant’s records be corrected to show he was eligible to receive the ISP contract in 1999 as indicated above. 

6.  On 1 June 2001, the applicant was forwarded a copy of the Chief, Army Medical Department Special Pay Branch, OSTG, advisory opinion for his information and to be given an opportunity for rebuttal and on 7 June 2001, he responded by concurring with the advisory opinion.

7.  The ISP program constitutes a voluntary retention program for Medical Corps officers, wherein, they agree to continue on active duty in their specialties for incremental periods of 1 year, renewable annually, and in return the Army agrees to pay them ISP in a one-time lump sum.

CONCLUSIONS:

1.  The applicant was eligible to execute the ISP contract upon his initial entry on active duty, but was not properly counseled, resulting in an annual ISP contract not being executed in 1999, thereby depriving him of ISP.  

2.  The advisory opinion obtained from the Chief, Army Medical Department Special Pay Branch, OTSG confirms the applicant was entitled to execute his ISP contract, effective 12 September 1999, at an ISP of $12,000.00 and the applicant concurred with the advisory opinion.  

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 an ISP contract as a Dermatologist, effective 12 September 1999, making him eligible for ISP of $12,000.00.

BOARD VOTE:  

__VEJ___  __BJE___  __JTM__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Vick E. James_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001052778	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/08/21	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.1600	
2.		
3.		
4.		
5.		
6.