MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           23 October 2001  
	DOCKET NUMBER:   AR2001052993

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Rosa M. Chandler 		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Thomas E. O'Shaughnessy, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his military records be corrected to show that he is entitled to multiyear special pay (MSP) and multiyear incentive special pay (MISP) effective October 1999 with his Reserve Officer Training Corps (ROTC) training backed out.

APPLICANT STATES:  In effect, that his current active duty service obligation is from an undergraduate ROTC scholarship.  He did not participate in the Health Professions Scholarship Program (HPSP) during medical school.  His completion date for residency training was 20 June 1999.

EVIDENCE OF RECORD:  The applicant's military records show:

That at the time this application was submitted, he was a captain serving on active duty in the Medical Corps (MC) with a specialty in psychiatry.

In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Office of the Surgeon General (OTSG), Special Pay Branch, which recommends that the applicant's request be denied based on directives, policy and procedure.  In accordance with Title 37, United States Code, in order to qualify for MSP, a physician must have at least 8 years of creditable service from his/her Health Professions Pay Entry Date (HPPED) or have completed all active duty service commitments incurred for medical education or training.  Additionally, Department of Defense Instruction (DODI) 6000.13, dated 30 June 1997, Medical Manpower and Personnel, precludes concurrent obligation of this retention bonus with any initial training obligation (emphasis added).  The applicant currently has an active duty training obligation through 4 July 2002; he does not meet eligibility criteria for the MSP retention bonus.  The earliest he would be eligible to execute a MSP retention bonus would be 20020705.

The above advisory opinion was referred to the applicant for comment or rebuttal, but he failed to respond.

The MSP program constitutes a voluntary retention program for MC 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 agreement.  MSP contract obligations run concurrently with multiyear incentive special pay (MISP).  Upon execution of a MSP contract, incentive special pay rates are locked for the duration of MSP.  The MISP contract does not require annual renewal.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory, it is concluded:

1.  The applicant does not meet the eligibility criteria for the MSP (and linked MISP) retention bonus because he has not completed his active duty service obligation from his ROTC scholarship.

2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__slp____  __alr____  ___tes __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001052993	
SUFFIX		
RECON	 	
DATE BOARDED	20011023	
TYPE OF DISCHARGE	(N/A)	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	102.000	
2.		
3.		
4.		
5.		
6.