PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 May 2003        
	DOCKET NUMBER:   AR2002081537

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Frank C. Jones		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 current four-year Multi-year Special Pay (MSP) and Multi-year Incentive Special Pay (M/ISP) contract effective dates be corrected to show 31 July 1998 instead of 30 October 1998. 

3.  The applicant states that he entered active duty on 31 July 1998 from a civilian residency and fellowship program.  He contends that his civilian residency began on 1 July 1993 and was completed on 30 June 1997.  He contends that his civilian fellowship began on 1 July 1997 and ended on 30 June 1998.  He states that regulations regarding MSP and M/ISP payments state that MSP and M/ISP payments will be made at the time of entry on active duty for delayed civilian residency graduates.  In support of his application, he submits a copy of  
assignment orders, dated 3 June 1998, to Fort Sam Houston, Texas; assignment information to Brooke Army Medical Center, Fort Sam Houston, Texas, with a reporting date of 31 July 1998; an information paper on Army Medical Department Special Pay Program for Medical Corps Officer; and copies of 
his civilian residency and civilian fellowship diplomas.

4.  The applicant’s military records show that on 26 July 1986 he was appointed a second lieutenant in the U.S. Army Reserve.  On 19 August 1986, he was assigned to the medical corps for acceptance of appointment in the U.S. Army Health Professions Scholarship Program.  The applicant entered active duty on 16 June 1990 and was released from active duty on 28 June 1993.  He was voluntarily ordered to active duty in the grade of major on 31 July 1998 for 
6 years, 10 months and 13 days.  He is currently a major on active duty serving as an orthopedic surgeon.   

5.  In the processing of this case a staff advisory opinion was obtained from the Special Pay Branch of the Office of the Surgeon General.  That office supports the applicant's request based on extenuating circumstances as a new physician accession.  

6.  The advisory opinion points out that the MSP and linked M/ISP contracts require execution and submission by the officer, through their chain of command, for payment.  Officers must execute their contract no earlier than 90 days, but no later than 30 days from effective date.  After that period, date of signature becomes the new effective date.  Additionally, the officer must wait three months post graduation from their initial residency in order to execute the contracts. 

7.  The advisory opinion points out the applicant is requesting adjustment of his MSP and M/ISP contracts from a 30 October cycle, to a 31 July cycle based on his entry on active duty date, which was one year post initial orthopedic residency graduation.  A review of the applicant's pay and personnel files indicate this request to be correct.

8.  The Special Pay Branch of the Office of the Surgeon General recommends that the appropriate corrective action would be to adjust and overlay the applicant's current four-year MSP and linked M/ISP dates from 30 October 1998 to 29 October 2002, to 31 July 1998 to 30 July 2002.  That office contends that there is no change in rates, and no payments are required.  Also, as with the applicant's previous contract, his obligation for this four-year MSP contract contains an add-on-training obligation of 1 year and 8 months; therefore, total obligation for the adjusted four-year MSP and training is 30 March 2004.

9.  The advisory opinion was referred to the applicant and he responded with a concurrence of the opinion.

10.  The information paper on Army Medical Department Special Pay Program for Medical Corps Officers (Physicians) states that delayed civilian residency graduates and direct accessions are paid M/ISP upon entry on active duty if they graduated in the previous fiscal year or before.   

CONCLUSIONS:

1.  Evidence of record shows the applicant completed his civilian residency in Orthopaedic Surgery on 30 June 1997. 

2.  Evidence of record shows the applicant entered active duty on 31 July 1998. 

3.  Based on the foregoing, the Board concurs with the advisory opinion that the applicant's current four-year MSP and linked M/ISP contract dates be adjusted to show 31 July 1998 to 30 July 2002 instead of 30 October 1998 to 29 October 2002.  Also, as with the applicant's previous contract, his obligation for this four-year MSP contract contains an add-on training obligation of 1 year and 
8 months thereby resulting in a total obligation through 30 March 2004.    

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

RECOMMENDATION:

That the applicant's Multi-year Special Pay and linked Multi-year Incentive Special Pay contract dates be amended to show 31 July 1998 through 30 July 

2002, with an add-on training obligation of 1 year and 8 months thereby resulting in a total obligation through 30 March 2004.

BOARD VOTE:  

LLS____  LE______  FCJ_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful__
		        CHAIRPERSON

INDEX

CASE ID	AR2002081537	
SUFFIX		
RECON		
DATE BOARDED	20030529	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.1700	
2.		
3.		
4.		
5.		
6.