PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 May 2002                   
	DOCKET NUMBER:   AR2002068024

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Paula Mokulis		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 payment of a 2-year Multi-year Special Pay (MSP) retention bonus at $14,000 per year and a 2-year Multi-year Incentive Special Pay (MISP) at $6,000 per year for the period 28 February 2000 through             28 February 2002.  

3.  The applicant states that on 28 February 2000 he signed 2-year contracts for MSP and MISP.  When he checked his financial records, including military pay statements and bank records in early 2002, he discovered that these bonuses were never paid.

4.  The applicant's military records show that he was commissioned and entered active duty as a captain in the Medical Corps in May 1987.  He was promoted to lieutenant colonel on 16 May 1999 as a 61G (Infectious Disease Officer).

5.  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.  That office noted that the applicant was requesting payment of a 2-year MSP retention bonus at $6,000 per year and corresponding MISP bonus at $14,000 per year based on executing and forwarding said contracts on or about 28 February 2000, which he was never paid.  That office noted that the applicant’s local military personnel office could not locate the commander-approved copies of the contracts he submitted that were attached to the DD Form 149 and there was no record of receipt by the Special Pay Branch.  Additionally, the annual Incentive Special Pay (ISP) contracts which should have been received in lieu of the combined MSP/MISP were never prepared, executed, or received by the Special Pay Branch for payment at the annual renewable payment dates of 16 February 2000 and        16 February 2001.  The applicant did meet the eligibility criteria for the MSP and MISP and the period requested has already been served.  

6.  A copy of the advisory opinion was provided to the applicant for comment.  He concurred with the advisory opinion on 11 March 2002.

7.  Additional information was obtained from the AMEDD Special Pay Branch on  4 April 2002.  That office indicated that the applicant had signed his MSP and MISP contracts in a timely manner; however, his personnel technician was shortly thereafter transferred to another position.  Her replacement mistakenly thought that the contracts were completed and filed them.  The applicant had never before been eligible for MSP and MISP so he did not know he was supposed to be paid at the beginning of the contract period.  He assumed he would be paid at the end of the contract period.  When that did not happen, he called to inquire about the payments.  

8.  The additional information was provided to the applicant for comment.  He did not respond within the given time frame.
9.  Military Compensation Background Papers, fifth edition dated September 1996, states that the legislative authority for special pay for physicians (medical officers of the Armed Forces) is Title 37, U. S. Code, sections 301d, 302, 303a, and 303b.  As background, it states that despite the piecemeal additions of pays and different categories of personnel to the health professionals special pay program, there is, and has always been, a single unifying theme underlying the program – namely, the need to attract and retain a sufficient number of qualified health professionals to meet the health care demands of the armed forces.

CONCLUSIONS:

1.  The Board notes that the AMEDD Special Pay Branch stated the applicant had executed and forwarded his MSP and MISP contracts in a timely manner but, through no fault of his own, the contracts were not processed.  Since he had never before been eligible for MSP or MISP, he was not aware that he should have been paid at the beginning of the contract period and so did not make inquiries about the contracts until two years had passed.  He did meet the eligibility criteria and he did serve the required period.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the applicant signed, on 28 February 2000, a 2-year MSP retention bonus contract at $6,000 per year and a corresponding MISP contract at $14,000 per year to be effective 16 February 2000 – 15 February 2002 and that the contracts were properly completed in a timely manner. 

2.  That the Defense Finance and Accounting Service pay the applicant the monies due as a result of this correction. 

BOARD VOTE:  

__fne___  __rwa___  __pm____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002068024	
SUFFIX		
RECON		
DATE BOARDED	20020516	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.21	
2.		
3.		
4.		
5.		
6.