PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           21 February 2002
	DOCKET NUMBER:   AR2001060984

	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. George D. Paxson		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Melvin H. Meyer		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 the effective date of his 1-year ISP (Incentive Special Pay) contract from 1 October 1997 to 1 July 1997.

3.  The applicant is a Lieutenant Colonel in the Army Medical Corps, serving as a thoracic surgeon.  On 1 October 1996, he initiated ISP of $26,000 based upon a general surgery specialty.  On 30 June 1997, he completed a fellowship in thoracic surgery and thus became eligible for a new ISP of $36,000 per annum effective 1 July 1997.  He entered into a new ISP as a thoracic surgeon on 1 October 1997 following completion of his general surgery ISP on 30 September 1997.

4.  The Department of Defense Military Pay and Entitlements manual provides that medical officers may be authorized ISP under certain criteria.  To be eligible for ISP, a medical officer must sign an agreement to remain on active duty for 1 additional year.  The ISP is paid in a lump sum at the beginning of the ISP period.  Entitlement to special pay is in addition to any other pay and allowances.

5.  In the processing of this case, a staff advisory opinion was provided by the Office of The Surgeon General (OTSG).  The OTSG recommends that the applicant’s request be approved.  It states that the applicant should have been informed that he was eligible to renegotiate his ISP when he completed his thoracic surgery fellowship.  The OTSG opines that the applicant apparently was improperly counseled concerning his ISP options.

6.  The applicant was provided a copy of the OTSG advisory opinion and concurred with it on 12 January 2002.

CONCLUSIONS:

1.  The applicant contracted a general surgery ISP for the period 1 October 1996 through 30 September 1997 at the rate of $26,000 per year.  On 30 June 1997, he completed a thoracic surgery fellowship and was eligible to renegotiate his ISP at a rate of $36,000 per year for the period 1 July 1997 through 30 June 1998.  Based on misinformation, he did not renegotiate; he let his $26,000 ISP expire and signed a new $36,000 ISP on 1 October 1997.  This resulted in a pre-tax loss of $2,500.

2.  The applicant performed the duties of a thoracic surgeon during the period in question and should have been informed of his eligibility for the higher ISP and his entitlement to renegotiate his contract.  The OTSG recommends approval of the applicant’s request.

3.  In view of the foregoing findings and conclusions, and in the interest of justice and equity, it would be appropriate to correct the applicant’s records as indicated below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by adjusting the records of the individual concerned by:

	a.  Terminating his $26,000 general surgery ISP for the period 19961001-19970930 effective 30 June 1997;

	b.  Collecting from him the prorated portion of his $26,000 ISP for the period 19970701-19970930;

	c.  Adjusting his $36,000 ISP for the period 19971001-19980930 to begin on 19970701 and end on 19980630; and

	d.  Adjusting all subsequent $36,000 ISPs to start on 1 July and end on 30 June (i.e., 19980701-19990630, 19990701-20000630, 20000701-20010630, 20010701-20020630).

BOARD VOTE:  

__GDP__  __TAP__  ___MHM_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_      George D. Paxson_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001060984	
SUFFIX		
RECON		
DATE BOARDED	20020221	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	128.1700	
2.		
3.		
4.		
5.		
6.