PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           16 July 2002
	DOCKET NUMBER:   AR2002072244

	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	
	Ms. Nancy L. Amos		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 medical specialty bonus contracts be aligned to 9 July.

3.  The applicant states that he was selected to participate in a nonfunded graduate medical education program at Johns Hopkins University.  Following his fellowship in the subspecialty of Adolescent Medicine, he was not offered the opportunity to synchronize his Medical Additional Special Pay and Incentive Special Pay to the same date.  This resulted in a Medical Additional Special Pay date of 9 July and an Incentive Special Pay date of 9 October.

4.  The applicant’s military records show that he entered active duty on 9 June 1994 as a Medical Corps captain in specialty 60P (Pediatrician).  He participated in a fellowship in Pediatrics-Adolescent Medicine at Johns Hopkins University 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, Army Medical Department Special Pay Branch.  That office noted that the applicant was eligible to enter into a one-year obligatory Incentive Special Pay contract effective 7 July 2000 – 8 July 2001 and each year thereafter in the amount of $14,000 per year and that it appeared there may have been improper counseling or misunderstanding regarding eligibility or processing of the Incentive Special Pay contract.  His failure to receive Incentive Special Pay at the requested effective date of 9 July 2000 appears to be through no fault of his own.  That office recommended the applicant’s Incentive Special Pay, currently effective 9 October 2000, be adjusted and overlaid to 9 July 2000, with appropriate adjustments to the next year from 9 October 2001 to 9 July 2001.

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

CONCLUSIONS:

1.  In accordance with the advisory opinion, the applicant was eligible to receive Incentive Special Pay effective 9 July 2000 instead of effective 9 October 2000.

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 adjusting and overlaying the applicant’s Incentive Special pay, effective          9 October 2000, to 9 July 2000 and that his Incentive Special Pay, effective        9 October 2001, be adjusted and overlaid to 9 July 2001.

BOARD VOTE:  

__FNE__  __MHM__  __DPH__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

					      ___Fred N. Eichorn___
						CHAIRPERSON

INDEX

CASE ID	AR2002072244	
SUFFIX		
RECON		
DATE BOARDED	2002/07/16	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.17	
2.		
3.		
4.		
5.		
6.