PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           16 July 2002                   
	DOCKET NUMBER:  AR2002069551

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Donald P. Hupman, Jr.		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 his records be corrected to show entitlement to a 3-year Medical Special Pay (MSP) and corresponding Multi-year Incentive Special Pay (MISP) for the period 9 January 2001 to 8 January 2004.

3.  The applicant states that he was unaware of the special pay to which he was entitled and that he had no service obligation based on education and training.   

4.  The applicant’s military records show that, as a Reserve Officer, he was ordered to active duty effective 9 January 2001. 

5.  A review of the officer’s military pay file by a staff member of the Army Medical Department (AMEDD) Special Pay Branch indicates the applicant entered into a 2-year MSP contract at $12,000 and a MISP contract at $13,000 per year for the period 9 January 2002 to 8 January 2004, pending the outcome of this request.

6.  On 16 May 2002, the Chief, AMEDD Special Pay Branch opined that the applicant was entitled to the 3-year MSP and MISP contracts effective 9 January 2001; however, he was not counseled or offered the contracts upon arrival at this first duty station in Europe.  The applicant lacked an understanding of the special pay entitlements as a new accession on active duty from the private sector.  It was also noted that contracts require execution and submission by the officers concerned, through their chain of command for payment and that they must execute their contract no earlier than 90 days or later than 30 days.  It was recommended that he receive this payment.

7.  On 21 May 2002, the OTSG opinion was provided to the applicant for his acknowledgement/rebuttal.  On 30 May 2002, he concurred with the advisory opinion.

CONCLUSIONS:

1.  The evidence of record shows the applicant was entitled to enter into MSP and MISP contracts at the rate of $10,000 and $13,000, respectively, effective    9 January 2001; however, he was not properly counseled on or offered contracts by his first duty station in Europe. 

2.  The Board concludes the applicant, as a new inexperienced accession into the Army, did not know of his MSP/MISP entitlements at the time, through no fault of his own; and that he was not adequately advised of his entitlements at the time. 

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 showing the individual concerned entered into 3-year MSP and MISP contracts effective 9 January 2001 at a rate of $10,000 and $13,000, respectively. 

BOARD VOTE:  

__FNE___  _MHM__  _DPH___ GRANT AS STATED IN RECOMMENDATION

________  ________  ________ GRANT FORMAL HEARING

________  ________  ________ DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069551	
SUFFIX		
RECON		
DATE BOARDED	20020716	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.16	
2.		
3.		
4.		
5.		
6.