PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:              11 April 2002               
	DOCKET NUMBER:      AR2001057925

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Elzey J. Arledge, Jr. 		Member	
	Mr. Richard T. Dunbar		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 adjustment of his two-year Multi-year Special Pay (MSP) contract at $9,000 per year and his linked Multi-year Incentive Special Pay (MISP) contract at $13,000 per year be adjusted from 1 October 2000 through     30 September 2002 to 1 October 1999 through 30 September 2001.

3.  The applicant states, in effect, that the request is based purely on extenuating circumstances involving his health and a preempted retirement in the fall of 1999. The applicant applied for retirement to be effective in November 2000.  Shortly thereafter, he was diagnosed with a cancer.  At his request his retirement was cancelled.  He has remained on active duty since these events.

4.  The applicant’s military records show that the applicant did not have a contract for MISP and MSP in effect for the period 1 October 1999 to                 30 September 2000. 

5.  On 27 November 2001, the Army Medical Department (AMEDD) Special Pay Branch opined that his current contract should be adjusted as requested. 

6.  The applicant was provided a copy of the AMEDD opinion on 4 December 2001 and concurred with it on 10 December 2001.

7.  Department of the Army Message 281316ZAUG01, subject:  FY 2002 Army Medical Corps Officer Special and Incentive Pay Policy, Plan and Rates, indicates, in pertinent part, at paragraph 16, that the “Agreement Effective Date – In order to retain the effective date indicated on the Medical Occupational Data 
System (MODS) Eligibility Roster, the officer must sign the agreement not later than 30 days following the entitlement date indicated on the roster, or not later than 30 days following the date of the roster, whichever is later.  Agreements signed after that date will be effective upon the date of signature.”  The “no earlier than 90 days” comment is not written, but equates to the MODS Eligibility Roster Program which will not have the eligible population or a contract posted until 90 days prior to the effective date; therefore, the contract is not signed any earlier than 90 days prior to the effective date.  

CONCLUSIONS:

1.  The applicant failed to complete a contract for MISP and MSP for the period  1 October 1999 to 30 September 2000, through no fault of his own, and his records should be corrected accordingly.

2.  The Board concludes that had the applicant been able to complete his contracts to his advantage, he would have done so.  Notwithstanding the absence of error in this case, it is also concluded, based on the evidence and advisory opinion received, and as a matter of equity and compassion, the applicant is entitled to the relief he is requesting.

3.  The applicant is entitled to MSP and MISP contracts for the period 1 October 1999 through 30 September 2000.  This will provide the applicant 1 year of special pay he ordinarily would have received had it not been for the unfortunate circumstances in his case.

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 showing the individual concerned had valid MSP and MISP contracts in effect for the period 1 October 1999 through 30 September 2001 and that he cancelled these contracts on 30 September 2000 in order to effect his current contracts from 1 October 2000 through 30 September 2002.

BOARD VOTE:  

_rtd____  _mkp____  _eja____   GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001057925	
SUFFIX		
RECON		
DATE BOARDED	20020411	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.