RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 November 2005 DOCKET NUMBER: AR20050001495 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 Mr. Joseph A. Adriance Analyst The following members, a quorum, were present: Mr. James E. Anderholm Chairperson Mr. Thomas E. O’Shaughessy Member Ms. Carol A. Kornhoff Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, payment of medical special pay for 2002 and 2003. 2. The applicant states, in effect, he did not receive his medical specialty pay because he was deployed to Iraq while his physician’s license was pending. He claims he was told he would be paid Incentive Special Pay (ISP) once he received his medical license and returned from Iraq. 3. The applicant provides the following documents in support of his application: Self-Authored Letter; Officer Basic Course (OBC) Orders; Active Duty and Iraq Deployment Orders; Medical License and State of Tennessee Board of Medical Examiners Letter; and Request for ISP. CONSIDERATION OF EVIDENCE: 1. On 6 July 2002, the applicant entered active duty as an obligated volunteer officer for 3 years. He attended the OBC at Fort Sam Houston, Texas from 7 July through 13 September 2002. Upon completion of the OBC, he was assigned to Fort Campbell, Kentucky. 2. The applicant served in Iraq from 5 March 2003 through 4 February 2004 and was honorably released from active duty on 5 July 2005, after completing a total of 3 years of active duty service. 3. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General (OTSG). This official states that eligibility to execute any Health Professions Special Pay agreement requires the officer be in possession of a current, valid and unrestricted license, which the applicant received on 29 April 2003. This official states that based on the date the applicant received his license, he was indeed eligible to enter into his one-year obligatory ISP agreement for the period 29 April 2003 through 28 April 2004, and each year thereafter in the amount of $12,000 per year. This official further states that it appears that due to the applicant’s deployment, he was unable to execute his special pay agreement in a timely fashion and in turn, was not able to execute the agreement until 1 October 2003. 4. This OTSG official further states it appears the applicant’s failure to receive ISP was through no fault of his own. Further, if approved the following adjustment should be made by the Defense Finance and Accounting Service (DFAS): the applicant’s ISP agreement for the period 1 October 2003 through 30 September 2004 at $12,000 per year be corrected by changing the period to 29 April 2004 through 28 April 2005, and upon completion of this action, the applicant should immediately submit a new ISP agreement for the period 29 April 2004 through 28 April 2005, at $12,000 per year for payment. 5. On 7 March 2005, the applicant was provided a copy of the OTSG advisory opinion in order to have the opportunity to respond. To date, he has failed to reply. DISCUSSION AND CONCLUSIONS: 1. The applicant’s claim that he was not properly authorized ISP in 2002 because of his deployment to Iraq was carefully considered and found to have partial merit. 2. The evidence of record confirms the applicant was not eligible for ISP in 2002. However, he did become eligible for ISP upon his receiving his medical license on 29 April 2003. The evidence further confirms that due to his deployment in Iraq, his ISP agreement was not processed in a timely fashion and his ISP agreement was not approved until 1 October 2003. 3. In view of the facts of this case, as confirmed by the OTSG advisory opinion, it would be appropriate and serve the interest of justice to revise the applicant’s ISP agreement covering the period 1 October 2003 through 30 September 2004 by amending the effective dates of the agreement to 29 April 2003 through 28 April 2005. Further, given the applicant has since separated from active duty, it would also be appropriate to pay him the difference in any ISP based on these corrected agreement dates without requiring him to submit a new agreement to the OTSG. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___JEA__ ___TEO _ __CAK__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by replacing the applicant’s ISP agreement for the period 1 October 2003 through 30 September 2004 with an ISP agreement that covers the period 29 April 2003 through 28 April 2005; and by providing him any additional ISP due as a result of this change. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to ISP payments in 2002, prior to his receiving his medical license on 29 April 2003. ____James E. Anderholm______ CHAIRPERSON INDEX CASE ID AR20050001495 SUFFIX RECON DATE BOARDED 2005/11/01 TYPE OF DISCHARGE HD DATE OF DISCHARGE 2005/07/05 DISCHARGE AUTHORITY AR 600-8-4 DISCHARGE REASON ETS BOARD DECISION GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 128.1700 2. 3. 4. 5. 6.