MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 December 2002
	DOCKET NUMBER:   AR2002069654

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Powers		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  That she be paid ophthalmology Incentive Special Pay (ISP) for 1997.  (She had originally asked for ISP for 1996; however, after reviewing her bank statements she discovered that her 1996 ISP was paid.)

APPLICANT STATES:  The applicant defers to counsel.

COUNSEL CONTENDS:  That medical officers are entitled to ISP for any        12-month period during which the officer is not undergoing medical internship or initial residency training.  The officer must agree to remain on active duty for one year after receiving the ISP.  The applicant signed the requisite active duty agreement on or about 1 October 1997.  She did everything that was required of her.  For unknown reasons her contract was never processed and she never received the ISP to which she was entitled.

EVIDENCE OF RECORD:  The applicant's military records show:

She was appointed a captain in the U. S. Army, Medical Corps, in 1989 and entered active duty around June 1989 as an ophthalmologist.

A 14 November 1997 letter from the Training Administrator, Armed Forces Institute of Pathology (AFIP), Washington, D.C., indicates that the applicant was involved in a motor vehicle accident in December 1994 and suffered extensive injuries to her back.  Her injuries limited her ability to perform eye surgery but she was working in Ocular Pathology to keep active in ophthalmology.  The Administrator stated that the applicant signed the contract for ISP but had not received it.

A 27 October 1997 letter from the Chairman, Ophthalmic Pathology, AFIP, Washington, D.C., indicates that the applicant informed him that she applied for her ISP for 1997 but as of that date had not received it.  

In the processing of this case, an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  DFAS noted that there was no record of an ISP payment for October 1997 for the applicant.  DFAS did have a record of her receiving ISP for 1995 and 1996.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  Counsel for the applicant responded by stating the applicant had long been preoccupied with a series of grave medical conditions that often precluded her attention to day-to-day activities.  As circumstances allowed and she began reviewing her records to see that all was in order, questions arose about whether she had received all the ISP to which she was entitled.  DFAS resolved the question of her 1996 ISP payment, but not about the 1997 ISP payment.

An advisory opinion was obtained from the Office of the Surgeon General, Army Medical Department Special Pay Branch.  That office noted that there was no record of receipt of the applicant's ISP contract by that office or payment of any ISP contracts from 1 October 1997 through her release from active duty on       16 April 2002.  That office could only make ISP payments for received and approved contracts.  

A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame despite receiving two extensions requested by counsel.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The Board acknowledges that the applicant contends she completed the ISP contract on or about 1 October 1997.  It appears she began to question the nonpayment of ISP soon thereafter.  However, it appears she failed to provide the contract (and as a commissioned officer she should have known to keep a copy of the contract for her use) at that time and she fails to provide it now.  There is insufficient evidence to show she completed the required contract.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__LLS__  __BJE___  __WDP__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002069654	
SUFFIX		
RECON		
DATE BOARDED	2002/12/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.17	
2.		
3.		
4.		
5.		
6.