MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 July 2003                   
	DOCKET NUMBER:   AR2003085153

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. John T. Meixell		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 he be allowed to execute a Multiyear Special Pay (MSP) contract, with the active duty obligation (ADO) incurred as a result of the MSP to run concurrently with his West Point ADO, for the years 1998 to 2002.  In a second application, he requests payment of a Critical Skill Retention Bonus (CSRB).

APPLICANT STATES:  He was initially offered the MSP in 1998 and was told the ADO for that incentive would run concurrently with his West Point ADO.  However, it appears the rules have changed and his request for the MSP with concurrent ADO was denied.  As for CSRB, he attempted to contract for this bonus and was told he did not qualify.  However, subsequent investigation shows that he was, in fact, eligible for the CSRB and he would now like to sign an antedated CSRB contract.

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

He was commissioned a second lieutenant, USAR, on 22 July 1984.  On 26 May 1988, he was commissioned as a captain, Medical Corps.  On 21 June 1988, he was ordered to active duty in his commissioned status and was promoted to major and then lieutenant colonel.  On the date the applicant submitted his request to the Board, he was a lieutenant colonel serving on active duty.

Title 37, United States Code, Sections 301d, 302, 302f, and 303a provide for multiyear retention bonuses and special pays for medical officers and health professionals of the armed forces.  For Army Medical Corps Officers (Physicians), these special pays are: 1) Variable Special Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on active duty; 2) Board Certification Pay (BCP) which is paid monthly to all board certified Medical Corps Officers based upon their date of board certification and their creditable service used to establish the Health Professional Pay Entry Date (HPPED); 3) Medical Additional Special Pay (MASP) which is paid to all Medical Corps Officers upon completion of internship (not during initial residency) for an additional one year active duty obligation; 4) Incentive Special Pay (ISP) which is paid based on a variable rate to selected Medical Corps Officers who hold the specialties eligible to receive this pay for an additional one year active duty obligation; and 5) Multiyear Special Pay (MSP) which is paid based on execution of a contract for 2, 3, or 4 years of active duty to selected Medical Corps Officers based on their 

specialty.  This pay is authorized concurrently with Medical Additional Special Pay and Incentive Special Pay.

Department of Defense Instruction (DoDI) 6000.13 dated 30 June 1997, paragraph 6.6.2.3, states “No portion of an ADO may be satisfied . . . concurrently with any other ADO . . .”

Memorandum from the Assistant Secretary of Defense (Health Affairs) (ASD(HA)), dated 8 August 1999, paragraph 4, states that “Active duty obligations (ADO) for education and training and previous multiyear pay agreements will be served before serving the ADO for MSP.  The MSP ADO is served after any other existing ADO for education and training has been completed.”

In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that ASD(HA) policy and DODI 6000.13 precludes concurrent obligation of MSP with any initial training obligation.  As for the applicant’s request for CSRB, this bonus was limited to CSRB contracts executed prior to 30 September 2002, with a one-year additional ADO added to any existing ADO.  The OTSG states that it cannot support the applicant’s request.  The applicant was provided a copy of this advisory opinion and given an opportunity to submit a rebuttal.  The applicant did not respond.

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

1.  The law governing MSP is quite clear in that the ADO incurred as a result of this incentive is served after any existing ADO.  If other military physicians received that pay without incurring an additional ADO, it was in error.  The Board will not grant a request based on others receiving a benefit in error.

2.  As for the CSRB, there is no indication that the applicant attempted to contract for the CSRB prior to 30 September 2002, or that he is willing to accept a one-year additional ADO added to his existing ADO if the Board allows him to execute an antedated CSRB contract.  Without additional documentation to show that he attempted to contract for the CSRB prior to 30 September 2002, and an indication that he is willing to accept an additional ADO, the Board will not grant this portion of his request.

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

___jtm___  ___jhl___  ____rks__  DENY APPLICATION

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

INDEX

CASE ID	AR2003085153	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030717	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.06	
2.		
3.		
4.		
5.		
6.