PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           28 March 2002
	DOCKET NUMBER:   AR2001057833

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Thomas Lanyi		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.  In an application dated 23 May 2001 and received on 1 June 2001, the applicant requests correction of his military records by paying him Medical Additional Specialty Pay (MASP) and Incentive Special Pay (ISP) for FY 1999 and FY 2000.  In a letter dated 5 November 2001, he further requests payment of Multiyear Special Pay (MSP) for the same periods of time.

3.  The applicant states that he is a civilian accession to the US Army Medical Corps.  When he in-processed at Walter Reed Army Medical Center, he completed the necessary paperwork for special pays, but upon reviewing his pay records, he finds that he did not receive all to which he was entitled.

4.  The applicant’s military records show that he is a Major, Army Medical Corps, serving in the physical medicine specialty.  With 3 years and 4 days prior active commissioned service in the US Navy and 12 years and 4 days of total entry grade credit, he was appointed a Reserve commissioned officer (Captain) in the US Army and entered on active duty for 2 years on 1 December 1999.  He was subsequently promoted to Major.

5.  In the processing of this case, an advisory opinion was obtained from the Special Pay Branch, Office of The Surgeon General (OTSG).  It states that the applicant did execute and was paid MASP at $15,000 per year for the periods 19991201-20001130 and 20001201-20011130.  He also executed and was paid ISP at $11,000 per year for the period 20001201-20011130.  The OTSG opinion concludes that the applicant received all contractually authorized pays (MASP and ISP) with the exception of a 1-year obligatory ISP of $11,000 for the period 19991201-20001130.  The opinion recommends payment of that ISP.  The applicant was provided an opportunity to respond to the advisory opinion and, in doing so, indicated that he originally confused MASP with MSP and asked that the Board address his MSP payment as well.

6.  Multiyear Special Pay (MSP) is an incentive paid to specific Medical Corps officers based on specialty and execution of a contract.  Provided all eligibility requirements are met, an officer may execute an MSP contract for a 2, 3, or 4 year period to run concurrently with MASP and ISP.  Based on his specialty (physical medicine), the applicant would have been eligible for a 2-year MSP at the rate of $8,000 per year for the periods 19991201-20001130 and 20001201-20011130.  There is no evidence in the applicant’s records, nor has he provided any evidence to show that he ever implemented a 2-year MSP contract.

CONCLUSIONS:

1.  The applicant was eligible for MASP, ISP, and MSP for the periods 19991201-20001130 and 20001201-20011130.  He did receive MASP payments for both periods and one ISP payment for the second period.  He did not receive an ISP payment for the first period, nor did he receive MSP payments for either period.
2.  The OTSG advisory opinion recommends that the applicant be paid an ISP payment for the first period (19991201-20001130).  The advisory opinion does not address MSP because it was not part of the applicant's original request upon which the advisory opinion is based.

3.  Pertinent Army Medical Department records provide that medical officers in the applicant's specialty of physical medicine were authorized an MSP payment of $8,000 per year for FY 1999 and FY 2000.  These payments are not automatic; they must be applied for in a 2, 3, or 4-year contract.  There is no evidence that the applicant executed an MSP contract.

4.  In view of the foregoing, the applicant’s records should be corrected, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  By showing that the individual concerned was eligible for ISP in the amount of $11,000 per year for the period 19991201-20001130 (FY 1999); and 

	b.  By paying to the individual concerned the above ISP payment.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FNE__  __LE___  _TL______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_     _Fred N. Eichorn_______
		        CHAIRPERSON

INDEX

CASE ID	AR2001057833	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020328	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1400	
2.	128.1600	
3.	128.1700	
4.		
5.		
6.