PROCEEDINGS

	IN THE CASE OF:      
	     
	BOARD DATE:           28 August 2003                   
	DOCKET NUMBER:   AR2003091043

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Harry B. Oberg		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 that he renegotiated his Incentive Special Pay (ISP) effective 1 July 2002.

3.  The applicant states that although he was eligible to renegotiate his ISP after he completed his fellowship training in plastic surgery, he was never informed that he had that option.  He contends that he would not have hesitated to renegotiate his ISP immediately if he had known he had that option.

4.  The applicant’s military records show that he was commissioned as a second lieutenant, USAR, on 21 August 1989.

5.  He was commissioned as a captain, Medical Corps, and ordered to active duty on 18 June 1993.  He was promoted to major on 11 June 1999.

6.  In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that the applicant was eligible to renegotiate his ISP after he completed his fellowship training on 1 July 2002, but did not complete a renegotiated contract until 1 October 2002.  The OTSG recommends that the applicant’s records be corrected to show that he renegotiated his ISP to the higher specialty amount on 1 July 2002.  The applicant was furnished a copy of the advisory opinion and concurred with it.

7.  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.

CONCLUSIONS:

1.  It is apparent that the applicant was eligible for an increased ISP when he completed his fellowship training.

2.  The Board accepts that he was not informed of his eligibility to renegotiate his ISP in a timely manner.

3.  Therefore, it would be appropriate to have his records corrected to show that he renegotiated his ISP on 1 July 2002.  Such a renegotiation will, by necessity, require an acknowledgement by the applicant that he is accepting an additional ADSO in exchange for this benefit.

4.  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:

	a.  having the individual concerned complete an acknowledgment that he accepts an additional ADSO in exchange for his ISP; and

	b.  showing that he renegotiated his ISP to the higher specialty amount on 1 July 2002.

BOARD VOTE:  

___hbo__  ____tl___  ___aao__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Arthur A. Omartian_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003091043	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030828	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.