PROCEEDINGS

	IN THE CASE OF:    

	BOARD DATE:           19 May 1999
	DOCKET NUMBER:   AC98-11659
                                              AR1999014722

	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:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		Member	
	Mr. Roger W. Able		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 his military records be corrected to show he executed a multiyear special pay (MSP) contract for the period from 22 May 1996 to 21 May 2000, with a payment of $8,000 for each year.

3.  The applicant states that he was not offered an MSP contract to run concurrently with his ROTC active duty obligation (ADO) and, therefore, declined to sign a 4-year agreement.  He contends that had he known at the time that an MSP agreement could run concurrently with his ROTC ADO, he would have signed a 4-year contract for an additional $8,000 per year.

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 in the rank of colonel, 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 in 1996 MSP policy was interpreted by the Army Medical Department to provide additive obligations only to Graduate Medical Education (GME) ADO’s and not to non-GME training ADO’s.  Therefore, officers were allowed to enter 2, 3 or 4-year MSP agreements with non-GME ADO’s run concurrently.  It further advised that the applicant met the eligibility requirement of 8 years of creditable service or completion of GME ADO’s, and based upon the policy in place at the time, he could have executed a 4 year MSP contract for the period 22 May 1996 to 21 May 2000, with an $8,000 payment for each year; however, he declined the contract on the premis that the obligation would be additive to his ROTC ADO.  It was recommended that the applicant’s military pay account be corrected to show a 4-year MSP contract for the period mentioned above.  

7.  The MSP program constitutes a voluntary retention program for Medical Corps officers wherein they agree to continue on active duty in their specialties for incremental periods of 2, 3, or 4-year periods.  In return, the Army agrees to pay them MSP on the anniversary date of each year of their agreement.

CONCLUSIONS:

1.  From a review of the information provided by TSGO, it appears the applicant was eligible to execute an MSP agreement that would run concurrently with his ROTC ADO.  Because of a misunderstanding or misinformation, however, he declined to do so.  

2.  Had he been properly advised, it is reasonable to presume that he would have executed an MSP agreement when he was initially eligible.  

3.  It further appears that the applicant would have executed a 4-year agreement entitling him to an $8,000.00 annual payment on each anniversary date. 

4.  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 a 4-year MSP agreement for the period from 22 May 1996-21 May 2000, at $8,000 per year, payable on the 22nd of May 1996, 1997, 1998, and 1999.

BOARD VOTE:  

____X___  ____X___  ____X___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AC98-11659/AR1999014722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990519	
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.