PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           25 May 2000                  
	DOCKET NUMBER:   AR1999032361

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Ernest W. Lutz, Jr.		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 multiyear special pay (MSP). 

3.  The applicant states that he has four years of ROTC credit and no additional military service obligation (MSO).  He qualifies for MSP retroactive to                   6 July 1998.  He was not offered MSP upon entry on active duty.  He is not, however, requesting retroactive MSP if there is any additional MSO after his initial obligation is complete. 

4.  The applicant’s military records show that he was appointed a second lieutenant in the Army Reserve on 17 May 1991.  He was appointed a Captain in the Army Reserve at the University of Nebraska Medical Center on 6 May 1995.  He was ordered to active duty on 6 July 1998.   

5.  On 28 September 1999 he executed a 4 year MSP contract effective on          6 July 1998.  

6.  In the processing of this case an advisory opinion was obtained from the office of The Surgeon General.  An official of that office stated that an interpretation concerning MSP obligations in 1996 provided that obligations were additive only to Graduate Medical Education active duty obligations, and therefore, officers were allowed to enter 2, 3, 4 year MSP agreements with ROTC/USMA ADO paid back concurrently.  He also stated that the applicant met the eligibility requirements for an MSP contract.  He stated that the applicant had received incentive special pay (ISP) which was effective on an annual renewable basis of 1 October each year, locked to the FY98 rate of $13,000 a year.  The locked in ISP payment and obligation period, in conjuction with MSP, is effective from 1 October 1998 through 30 September 2002, thus extending his obligation by approximately 3 months.  He also stated that if the applicant did not want the extension, he was ineligible for the MSP as requested.  That official stated that the applicant had not been paid for past MSP entitlements, and should his application be approved, he is due a total amount of $20,000, based on the MSP rate of $10,000 at the time he entered on active duty.  On 3 April 2000 the applicant stated to an analyst of this Board that he concurred with the advisory opinion.

7.  Incentive special pay is paid to specific MC officers based on board eligible/certified specialty and execution of contract.  Payment starts 90 days after completion of civilian or military residency (approximately 1 October).

8.  Multiyear special pay is paid to specific Medical Corps officers based on specialty and execution of contract.  Must have eight years of creditable service from Health Professions Pay Entry Date (HPPED) or completed all active duty obligations for education or training.  A two, three, or four year active duty obligation is incurred based upon execution of the contract [however, not in the applicant’s case].  The MSP obligation runs concurrently with the ISP, but in addition to all education or training obligations.  A lump sum payment minus taxes based upon rate for specialty is payable annually on the anniversary date. 

CONCLUSIONS:

1.  The applicant executed an MSP contract which was effective on 6 July 1998.  He is due $20,000 for past MSP payments.

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 entered into an MSP contract effective on 6 July 1998, and as a result of that contract is due a MSP of $20,000.00. 

BOARD VOTE:  

___ewl__  ___klw__  ___eja___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999032361	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000525	
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.  1045	128.06	
2.		
3.		
4.		
5.		
6.