PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            22 April 1999
	DOCKET NUMBER:    AC98-11608
                                               AR1999014640

	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. Loren G. Harrell		Director	
	Mr. Michael L. Engle .		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Elizabeth Buchanon		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 correction of his Incentive Special Pay (ISP) eligibility dates from October-September to July-June.  

3.  The applicant states that he was improperly counseled in July 1994 with reference to his eligibility to renegotiate the effective date of his ISP contract.  He contends that he was told he would have to wait until there was a change in rate before he could renegotiate.  In September 1998 an ISP rate change was instituted in his specialty, however, his unit told him at the time that he was not eligible and should have been permitted to renegotiate the date back in July 1994.

4.  The applicant’s military records are not available and are not considered essential for a review of this case.  At the time he submitted his application he was serving on active duty as a cardiologist in the rank of major, Medical Corps.

5.  During the processing of this case an advisory opinion was obtained from the Office of The Surgeon General (TSGO) and was forwarded to the applicant for comment.  As of this date, no response has been received.

6.  The advisory opinion states that the applicant was indeed eligible to enter into a new 1-year ISP agreement upon graduation from his second residency/fellowship effective 1 July 1994.  The requirement to wait 90 days before executing the ISP agreement did not apply to him because he was graduating from a second residency or fellowship, and had already met the minimum requirement for 90 days post-initial residency completion.  It appears that he was incorrectly counseled regarding renegotiation of his existing ISP in July 1994.  It was recommended that his records be corrected by changing his contract dates from 1 October-30 September to 1 July-30 June, effective 1 July 1994.  With the adjustments, the applicant will be due $16,000 for fiscal year (FY) 1994 but must repay $23,000 for FY 1999.  It recommended recoupment of the $7,000 difference but noted that he will be eligible to execute his FY 1999 contract (1 July 1999-30 June 2000) for $23,000 once these corrections are completed.

7.  The ISP program constitutes a voluntary retention program for Medical Corps officers wherein they agree to continue on active duty in their specialties for 
1-year periods, renewable annually.  In return, the Army agrees to pay them ISP in a one-time lump sum.  The applicant has received annual ISP payments of $5,000, $20,000, $20,000, $21,000, $21,000, and $23,000.

CONCLUSIONS:

1.  From a review of the information provided by TSGO, it appears the applicant was eligible to renegotiate his ISP contract in July 1994 but was incorrectly counseled that he had to wait 90 days.

2.  Had the applicant been properly counseled and renegotiated his ISP contract as a cardiologist in July 1994, his subsequent contracts would have been renewable in July vice October.  In the interest of justice, the applicant’s records should be corrected accordingly.  

3.  The correction of the applicant’s ISP contract dates will result in an adjustment of all authorized payments as set forth in the opinion of TSGO.  These adjustments will result in the recoupment of $7,000 from the applicant; however, he will be eligible to execute his FY 1999 contract in July 1999 for $23,000 once his records are corrected.   

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned renegotiated his ISP contract as a cardiologist effective 1 July 1994 and renewed his contract annually thereafter through 30 June 1999, making him eligible to execute his FY 1999 ISP contract effective 1 July 1999.  

2.  That the $7,000.00 difference in entitlement be recouped by the Defense Finance and Accounting service.

BOARD VOTE:  

____X___  ____X___  ____X___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Irene N. Wheelwright____
		        CHAIRPERSON

INDEX

CASE ID	AC98-11608/AR1999014640	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990422	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.06	
2.		
3.		
4.		
5.		
6.