PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:             24 March 1999                 
	DOCKET NUMBER:    AR1999015955

	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. Ed Clark .		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Allen L. Raub		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 a multi-year (4-year) special pay (MSP) contract obligation be changed to coincide with his ROTC obligation (19 May 1997 to 
19 May 2001); that he be reimbursed for the 1st year of the newly dated contract, 19 May 1997 to 19 May 1998, with allowable interest; and that the dates for receiving annual installments under the new contract be changed to 19 May so that he can receive the third installment on 19 May 1999 and the fourth installment on 19 May 2000.  In support of the application, he submitted an undated statement signed by an Office of The Surgeon General (OTSG) official indicating that the applicant received erroneous advice regarding an MSP contract; and that based on that advice, he elected not to timely sign an MSP contract in 1997.

3.  On 16 October 1998 the applicant's request for MSP effective 1 October 
1998 was approved by the Commander, Brooke Army Medical Center, a brigadier general. 

4.  On 7 December 1998 the Board was advised by the Chief, Army Medical Department (AMEDD) Special Pay Branch, OTSG, in essence, that the applicant declined to sign an MSP in 1997 believing that this would add to his active duty obligation (ADO); however, based on the policy in effect at the time, the applicant could have executed a 4-year MSP contract from 20 May 1997 to 19 May 
2001 with a $14,000.00 annual payment as an orthopedic surgeon without adding to his ADO.  Correction of his MSP contract to reflect entitlement to a payment of $14,000.00 on 20 May 1997, and payment of $14,000 on the same date in 1998, 1999 and 2000 was recommended.

CONCLUSIONS:

1.  Apparently after receiving erroneous advice pertaining to an MSP contract, the applicant elected not to sign an MSP contract in 1997.  He did sign an MSP contract which was effective 1 October 1998. 

2.  Had the applicant been properly counseled at the time, it is more likely than not that he would have signed a 4-year MSP contract effective 20 May 1997 which would have not have added to his ADO and entitled him to an MSP payment of $14,000.00 on 20 May 1997, 20 May 1998, 20 May 1999 and 20 May 2000.

3.  The foregoing is supported by the advisory opinion provided by the Chief, AMEDD Special Pay Branch, OTSG.

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:

a.  by showing that the individual concerned signed a 4-year MSP contract effective 20 May 1997 with entitlement to an initial MSP payment of 
$14,000 payment effective that date and subsequent payments of an equal amount in 1998, 1999, and 2000; and

b.  by voiding his 1998 MSP contract which was effective on 1 October 1998.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

JEV_____  RWA____  ALR____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12276/AR1999015955	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 24	
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.