PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           15 NOVEMBER 2001
	DOCKET NUMBER:   AR2001060933

	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:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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 retroactive incentive special pay (ISP).

3.  The applicant states that he was not informed that he needed to apply for ISP; therefore, a contract was not initiated for the past year.

4.  The applicant’s military records show that he was appointed a second lieutenant in the Regular Army as a field artillery officer in 1981.  He was discharged in 1992 in the rank of captain.  On 25 May 1996 the applicant accepted an appointment as a major in the medical corps.  He completed his residency in obstetrics/gynecology from 1 July 1997 to 30 June 2000.

5.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General.  An official of that office stated that the applicant, as a new ISP recipient, apparently did not know of the requirement to execute the ISP contract for payment, and that he should receive the outstanding ISP of $31,000.00 a year effective 1 October 2000 to 30 September 2001.   

6.  A copy of the advisory opinion was forwarded to the applicant on                     5 November 2001 for his information and possible comment.  He concurred with the advisory opinion.

7.  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 civilian or military residency (approximately                1 October).  An officer receives a lump sum payment minus taxes based upon rate for specialty.

CONCLUSIONS:

1.  The applicant should have entered into a contract for ISP for the period          1 October 2000 to 30 September 2001.  However, as a new ISP recipient he apparently was unaware of the requirement to execute the ISP contract for payment.  The official from the Office of The Surgeon General stated that the applicant should receive the ISP for FY01.  The Board agrees.  Consequently, the applicant’s record should be changed to show that he did execute an ISP contract for the period 1 October 2000 to 30 September 2001, and that he is entitled to a retroactive ISP of $31,000.00.

2.  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 that the individual concerned executed a contract for ISP for the period 1 October 2000 to 30 September 2001, and that he receive an ISP of $31,000.00.  

BOARD VOTE:  

__INW __  __SK ___  __KAH __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright_       
		        CHAIRPERSON

INDEX

CASE ID	AR2001060933	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011115	
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.	128.06	
2.	299	
3.		
4.		
5.		
6.