PROCEEDINGS IN THE CASE OF: BOARD DATE: DOCKET NUMBER: 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. Analyst The following members, a quorum, were present: Chairperson Member 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. In effect, the applicant requests retroactive incentive special pay (ISP), and that the date of eligibility for this pay be restructured. 3. The applicant states that he had continued to receive ISP at the general pediatrician rate; however, he completed the fellowship program on 30 June 1997, and could have renegotiated the ISP agreement effective 1 July 1997. He was unaware that he could do so, and was not informed that he could renegotiate the agreement. He states that he would have received $20,000 had he renegotiated his agreement. 4. In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Office of The Surgeon General. An official of that office stated that the applicant was eligible to renegotiate a new one year ISP agreement at the higher rate of $21,000 a year upon completion of his pediatric cardiology fellowship training effective on 1 July 1997. He went on to say that the applicant had been paid ISP in the amount of $9,000.00 for the period 1 October 1996 through 30 September 1997, and that the applicant is due a prorated payment of $18,750.00 (prior to tax adjustment) for the period 1 July 1997 to 30 June 1998. The applicant concurred with the advisory opinion. 5. Incentive Special Pay (ISP) is paid to specific Medical Corps 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). Delayed civilian residency graduates and direct accessions are paid upon entry on active duty --if they graduated in the previous fiscal year or before. The contract is for a one-year active duty obligation, which runs concurrently with all other obligations. An officer receives a lump sum payment minus taxes based upon rate for specialty. CONCLUSIONS: 1. The applicant should have been able to renegotiate his contract in July 1997, after he completed his fellowship program, as he has stated, and then should have received a higher rate of ISP. The official from the Office of The Surgeon General agrees with the applicant, and has stated that the applicant is due a prorated payment of $18,750.00. The applicant is entitled to this money. 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 applicant executed an ISP contract on 1 July 1997 at the rate of $21,000.00; and that he is entitled to a prorated payment of $18,750.00, prior to tax adjustment, for the period 1 July 1997 to 30 June 1998. BOARD VOTE: __xxxx__ ___xxx___ ___xxx__ GRANT AS STATED IN RECOMMENDATION ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION ______________________ CHAIRPERSON INDEX CASE ID AR1999032410 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. ABCMR Proceedings (cont) AR1999032410 4