PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            07 FEBRUARY 2002
	DOCKET NUMBER:   AR2001059870

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 that the effective date of his 4-year multi-year special pay (MSP) and his linked multi-year incentive special pay (MISP) contracts be adjusted from 1 October 1998 through 30 September 2001, to 8 August 1998 through 7 September 2001.   

3.  The applicant states that he was eligible to receive the above mentioned special pays the day he came on active duty, 8 August 1998.  However, he was placed on a cycle starting on 1 October 1998.  He was eligible for a  4-year MSP contract.  He states that the cycle for his medical additional special pay (MASP) is from 8 August through 7 August, and his other special pay bonuses should be on the same cycle.  He finished orthopaedic surgery residency on 30 June 1997. 

4.  The applicant’s military records show that he performed as a resident in general surgery from 1 July 1992 to 30 June 1993.  His Officer Record Brief (ORB) shows that he entered on active duty on 8 August 1998 and that he completed a residency in orthopedics at Wayne State University in 1997.  He completed the AMEDD Officer Basic Course, and was assigned to Walter Reed Army Medical Center in October 1998.  He was an ROTC scholarship student and had six years HPPED (Health Professions Pay Entry Date) creditable service upon his entry on active duty. 

5.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General.  That agency stated that the applicant was eligible to enter into a 3-year MSP with linked MISP contract for the period          8 August 1998 through 7 August 2001, and his failure to receive the correct effective date was no fault of his own.  That agency recommended that the applicant’s MSP and linked MISP be adjusted accordingly.  

6.  The applicant was furnished a copy of the advisory opinion.  On                     14 December 2001 he stated that he concurred with the opinion. 

7.  An analyst of this Board contacted the Office of the Surgeon General on         5 February 2002.  That agency indicated that the applicant was unaware that he could have signed a contract on 8 August 1998, believing that he had to wait until 1 October of that year, the beginning of the normal cycle for MSP and MSIP.

8.  Incentive Special Pay (ISP) is paid to specific Medical Corps officers based on board eligible/certified specialty and execution of contract.  Payment starts         90 days after completion of residency (approximately 1 October).  Delayed civilian residency graduates and direct accessions are paid upon entry on active duty --if they graduated in the previous fiscal year or before. The contract is for a one-year active duty obligation, which runs concurrently with all other obligations.  
9.  Multiyear special pay is paid to specific Medical Corps officers based on specialty and execution of contract.  An officer must have eight years of creditable service from HPPED or completed all active duty obligations for education or training.  A two, three, or four year active duty obligation is incurred based upon execution of the contract [however, not in the applicant’s case].  The MSP obligation runs concurrently with the ISP, but in addition to all education or training obligations.  

CONCLUSIONS:

1.  The applicant entered on active duty on 8 August 1998.  He was eligible to enter into a multi-year MSP and a linked multi-year ISP MISP effective on that date.  He failed to execute that contract on that date because he was unaware that he could do so, mistakenly believing that he had to wait until 1 October of that year.  He should have been informed otherwise.    

2.  Consequently, the applicant’s MSP and linked MISP should be adjusted from the period 1 October 1998 to 30 September 2001, to the period 8 August 1998 to 7 August 2001. 

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 adjusting the effective date of the applicant’s MSP and MISP contract to the period 8 August 1998 to 7 August 2001. 

BOARD VOTE:  

__FNE __  __MKP__  __LE____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____ Fred N. Eichorn___
		        CHAIRPERSON

INDEX

CASE ID	AR2001059870	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020507	
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.	128.00	
2.	299	
3.		
4.		
5.		
6.