PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  27 April 2000
	DOCKET NUMBER:   AR1999038208

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Kenneth L. Wright		Member	
	Mr. Thomas A. Pagan		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 he be allowed to renegotiate his active duty service obligation contract to 1 February 2003 and receive the corresponding Multiyear Special Pay (MSP) and Multiyear Incentive Special Pay (MISP)

3.  The applicant states that he was deployed to Bosnia and was not aware that he could renegotiate his contract at that time.  He submits a signed MSP and MISP contract for the stated period.

4.  The applicant’s military records show that he is currently serving in grade O-5 on active duty.  His current MSP and MISP contracts began on 1 February 1998 through 1 February 2001.

5.  In the processing of this case an advisory opinion was obtained from the Office of the Surgeon General (OTSG), special pay branch.  The OTSG opinion states that they do recommend this Board provide the requested relief with a start date of 1 February 1999.  The OTSG also provides a revised payment schedule based on the new contract.  The applicant concurred with the advisory opinion in his case.

CONCLUSIONS:

1.  The applicant was possibly disadvantaged while in a deployed status and unable to renegotiate his MSP and MISP contracts.  It would be beneficial to the Army and the individual to grant the requested relief as provided in the advisory opinion from the OTSG.

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 for the individual concerned by accepting his renegotiated contract for MSP and MISP for the period 1 February 1999 through 1 February 2003 with the payment schedule recommended by the OTSG incorporated herein.

BOARD VOTE:  

__EB___  __KW___  __TP___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Elizabeth Buchanon ____
		        CHAIRPERSON

INDEX

CASE ID	AR1999038208	
SUFFIX		
RECON		
DATE BOARDED	20000427	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.