MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 March 2002                   
	DOCKET NUMBER:   AR2001058646

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		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:  Payment of Incentive Special Pay (ISP) for 1 October 2000.

APPLICANT STATES:  That he did not sign the contract for 1 October 2000 but he was working in specialty 60V.  He was preparing for his board certification exam in Neurology.  

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

He was commissioned and entered active duty as a captain in the Medical Corps on 17 June 1994.  He was promoted to major on 17 June 2000 as a 60V (Neurologist).

In the processing of this case, an advisory opinion was obtained from the Army Medical Department (AMEDD) Special Pay Branch.  That office recommended approval of the applicant’s request based on extenuating circumstances.  That office noted that the ISP contract requires execution and submission by the officer, through his or her chain of command, for payment.  An officer must execute the contract no earlier than 90 days but no later than 30 days from the effective date.  After that period, the date of signature becomes the new effective date.  A review of the applicant’s military pay file indicated that he did execute and was paid the Fiscal Year (FY) 2000 ISP for $13,000 per year effective          1 October 1999 – 30 September 2000.  It appeared that he failed to execute the FY 2001 ISP contract for payment of the ISP for the period effective 1 October 2000 – 30 September 2001 in a timely manner due to the intense preparation required to take his board certification examination.  That office recommended payment of the outstanding ISP for $13,000 per year effective 1 October       2000 – 30 September 2001.

A copy of the advisory opinion was provided to the applicant for comment.  He concurred with the advisory opinion on 19 December 2001.

On 28 February 2002, the applicant provided additional information.  He stated that the Special Pay Clerk for the hospital indicated to him that she did not have any records to substantiate an offer of an ISP contract for FY 2001 but she said she typically would send out a general email in late August for the contracts to be signed.  He said his oral board exam was administered in September 2000.  He prepared for the board exam beginning several months prior to the exam.  Additionally, he took about two weeks leave prior to the board to intensively study and review.

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

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board understands that the applicant studied intensively for his oral board exam for several months prior to taking the exam in September 2000.  While his supporting Special Pay Clerk stated that she has no records to substantiate that an offer of an ISP contract was made to the applicant, there is also no evidence to show that an offer was not made.  In addition, the applicant had signed a contract for the ISP for FY 2000 and so should have been aware that this annual contract was up for renewal.  He took his oral board exam in September 2000.  He had until approximately 30 October 2000 to sign his contract for FY 2001.  He provides no reasonable rationale to explain why he failed to do so.  The Board therefore concludes that it would not be equitable to grant the relief requested at this late date.  

3.  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

__jns___  __lds___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058646	
SUFFIX		
RECON		
DATE BOARDED	20020321	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.17	
2.		
3.		
4.		
5.		
6.