MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 25 November 1998 DOCKET NUMBER: AC97-10490 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. Member The applicant requests correction of military records as stated in the application to the Board and as restated herein. 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 paid $8,000.00 in Incentive Specialty Pay (ISP) that he is due. APPLICANT STATES: That he was due $38,000.00 in ISP for the period of 1 July 1992 to 30 September 1995 but he only received $30,000.00 of that money. EVIDENCE OF RECORD: The applicant's military records show: The applicant was commissioned as a USAR medical corps captain on 19 June 1985 with a concurrent call to active duty. He was promoted to the rank of major and he continued to serve until he was honorably released from active duty on 15 December 1995 and was transferred to the USAR Control Group (Reinforcement). He had served 10 years, 5 months, and 27 days of total active service. In the processing of this case an advisory opinion was obtained (COPY ATTACHED) from the Army Medical Department (AMEDD) Special Pay Branch of the Office of the Surgeon General (OTSG). It opined, in effect that the applicant was entitled to $30,000.00 in ISP for the period 1 July 1992 to 30 September 1995 and that the applicant was paid all of his entitlements during that period. 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(s), 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 the aforementioned requirement. 2. The applicant’s contention’s have been noted by the Board. However, in the absence of evidence that disputes the computations of the AMEDD Special Pay Branch and the payments by the Defense Finance and Accounting Service (DFAS), there is no basis to grant the applicant any additional pay for the period in question. 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 __jev____ ___rvo___ ___js___ DENY APPLICATION Loren G. Harrell Director