PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            27 April 2000                  
	DOCKET NUMBER:   AR1999031824

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchannon		Chairperson	
	Mr. Thomas A. Paqan		Member	
	Mr. Kenneth L. Wright		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 her records be corrected to show that she completed a Multiyear Special Pay (MSP) contract when she was eligible to do so, and that she be given the pay this correction would necessitate.

3.  The applicant states that she was told that she was not entitled to the MSP when she entered on active duty.

4.  The applicant was commissioned in the USAR on 12 May 1989 and into the ARNG on 8 July 1989.  She entered on active duty as a captain, Medical Corps, on 9 July 1997, and was serving on active duty in that rank on the date she submitted her application.

5.  In the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (OTSG).  The OTSG stated that there were disparities between the services on the payment of MSP in conjunction with an officer satisfying an ROTC active service obligation.  As a result, in October 1999 the Department of Defense issued a directive clarifying this issue which stated that ROTC active service obligations did not affect an officer’s entitlement to MSP.  By this interpretation, the OTSG stated that the applicant was entitled to MSP effective 9 July 1997 at the Family Practice rate of $8,000.00 a year.

CONCLUSIONS:

1.  It is apparent that because of confusion on an officer’s entitlement to MSP while satisfying an ROTC active service obligation, the applicant was erroneously told she did not qualify for that pay.

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 showing that the individual concerned executed an MSP contract effective 9 July 1997 at the Family Practice rate of $8,000.00 a year; and

BOARD VOTE:  

__eb____  ___tap __  ___klw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_______Elizabeth Buchannon_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999031824	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000427	
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.