IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150018660 BOARD VOTE: ____X_____ ____X___ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150018660 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he requested payment of Incentive Special Pay (ISP) in the amount of $20,000 for the period 1 October 2014 through 30 September 2015 * showing his request was received and processed in a timely manner * paying him ISP at the rate of $20,000, less deductions, for the period 1 October 2014 through 30 September 2015 _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150018660 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his record to reflect his entitlement to Incentive Special Pay (ISP) for the period 1 October 2014 through 30 September 2015. 2. The applicant states: * he is a graduate of the Internal Medicine residency program * he did not receive his ISP for 20140101 [sic] through 20150930 because his losing command gave him incorrect information * he was advised that he needed to pass the board certification exam in order to receive ISP; however, he later learned he needed only to graduate from residency * upon arriving at his new unit, he immediately deployed and was unable to look into the matter further * after recently passing the American Board of Internal Medicine board certification exam, he attempted to apply for ISP * he was advised he was eligible following graduation the year before and he would need to file a records review in an attempt to receive ISP for the previous year 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. On 17 December 2005, the applicant was appointed as a Reserve commissioned officer of the Army in the Medical Services (MS) Corps. He executed an oath of office on the same date. 2. On or about 11 June 2007, he entered active duty as a second lieutenant. On 21 July 2007, he completed the Army Medical Department (AMEDD) Officer Basic Course. He was then assigned to Bethesda Medical Center, Bethesda, Maryland. He is now assigned to Fort Bragg, North Carolina. 3. He deployed to Afghanistan in support of Operation Enduring Freedom on or about 15 September 2014 through 1 April 2015. 4. His record is void of an ISP agreement for the period 1 October 2014 through 30 September 2015. 5. An advisory opinion was obtained from the Office of The Surgeon General (OTSG) on 25 February 2016. The Chief, AMEDD Special Pay Branch, OTSG recommended approval of the applicant's request, stating: a. The applicant is requesting payment of a retroactive 1-year ISP contract at $20,000 effective 1 January 2014 [sic] - 30 September 2015. He indicates he was erroneously informed that he must be board certified for receipt of the ISP contract. b. Request for discretionary 1-year ISP contract (authorized under Title 37, U.S. Code (USC), section 302.(b)) are initiated by the officer 90-days post-graduation from their specialty residency training program through their command's supporting Human Resource/ Personnel/S1 office. There is no requirement for board certification to execute special pay contracts. The officer graduated from his specialty residency training program on 30 June 2014; therefore, he would be eligible for his first ISP contract at $20,000/year effective 20141001 - 20150930. c. A review of supporting documentation and available special pay and finance data indicates he executed only one ISP contract at $20,000/year, which was effective 20151001 – 20160930. There is no record of submission, authorization, or payment of an ISP contract for the period of 20141001 – 20150930. d. With proper submission, the officer would have been eligible to receive the 1-year ISP contract at $20,000/year effective 20151001 – 20160930. 6. A copy of the advisory opinion was forwarded to the applicant on 1 March 2016, for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond. REFERENCES: Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP. DISCUSSION: 1. The applicant's request for correction of his record to reflect entitlement to Incentive Special Pay (ISP) for the period 1 October 2014 through 30 September 2015. 2. The available evidence indicates the applicant was eligible for ISP during the requested time period; however, it appears he did not execute the ISP agreement due to receiving inaccurate information, permanent change of station (PCS), and his deployment to Afghanistan. 3. According to the Chief of the AMEDD Special Pay Branch, there is no record of a created, executed, processed, or paid ISP contract at $20,000/year for the period 20141001 – 20150930; however, the applicant is eligible for retroactive payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018660 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018660 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2