BOARD DATE: February 4, 2010 DOCKET NUMBER: AR20090016088 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that he be granted a retroactive adjustment to his contract in order to receive the three year medical special pay (MSP) plus medical special incentive pay (MSIP) at the higher monetary rate. 2. The applicant states he is a preventive medicine/occupational medicine officer who retired in 2000. In 2007, he was recalled to active duty initially for two years. At that time other retired physicians were being allowed to sign up for three or four years. He has completed his initial two year contract and been approved for a one year extension. At the current time only one year extensions are being granted. He believes he should receive the MSP plus MSIP as if his contract had been for three years at the higher monetary level. 3. The applicant provides copies of an e-mail message and his Officer Record Brief. CONSIDERATION OF EVIDENCE: 1. The applicant, a Regular Army career medical officer, retired in 2000 in the rank of lieutenant colonel with a total of 20 years of active and 2 years of inactive service. 2. He voluntarily accepted a recall to active duty, effective 4 September 2007, for two years and entered into the 2-year MSP and 2-year MSIP agreements for receipt of $13,000.00 per year under each option. 3. With the completion of his 2-year contract, he was approved for a one-year extension on active duty effective 29 September 2009. 4. In a 26 August 2009 e-mail from the Chief, Army Medical Department, Special Pay Branch, the applicant was advised that his records showed he had a 2-year MSP and MSIP contract (through September 2009) but no current Medical Additional Special Pay (MASP) in effect. It was recommended that he execute a new MASP and an Incentive Special Pay while petitioning the Board for a renegotiation and retroactive entitlement to a 3-year MSP and MSIP. 5. In the development of this case an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch. It was stated that, at the time the applicant executed his agreement, retired recalled officers were limited in the number of years they could extend. He has since been approved for an additional year's extension. There is no policy or procedure allowing them to take action directly and that the petition would have to be approved as an exception to policy. It is noted that if granted the applicant would be entitled to MSP at a $19,000.00 level for three years (with a pay difference of $6,000.00 per year) and to MSIP at $13,000.00 for three years. Although what actions would have to be taken to afford the change are delineated, no specific recommendation was made as to whether or not it was appropriate to consider the request. 6. A copy of the advisory opinion was forwarded to the applicant. The record does not contain any indication the applicant responded to the opinion. DISCUSSION AND CONCLUSIONS: 1. The applicant states he is a preventive medicine/occupational medicine officer who retired in 2000. In 2007, he was recalled to active duty initially for two years. At that time other retired physicians were being allowed to sign up for three or four years. He has completed his initial two year contract and been approved for a one year extension. At the current time only one year extensions are being granted. He believes he should receive the MSP plus MSIP as if his contract had been for three years at the higher monetary level. 2. In 2007 the applicant accepted a 2-year voluntary recall agreement with entitlement to payment of MSP and MSIP for a 2-year period at a $13,000.00 per year level. While there is no policy or law that precludes the renegotiation of a contract there is also no regulation or law that offers guidance as to when approval of such a request would be appropriate. 3. There is no indication that, at the time he negotiated his recall bonus agreements, longer periods of service were being offered others in this medical specialty. The applicant has not provided any documentation that other physicians received more favorable treatment. 4. The fact that the needs of the service may have changed since he was recalled warranting the granting of either longer periods of service or extensions, does not change the fact that the applicant was offered and accepted a contract for the 2-year period with the specific monetary level bonuses authorized. 5. There is no provision in law or regulation that allows a service member to renegotiate their contract just because a better deal is available at a later date. The applicant has submitted insufficient evidence to show that an error or injustice has occurred. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ___x_____ __x___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _x______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20090016088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016088 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1