IN THE CASE OF: BOARD DATE: 19 September 2013 DOCKET NUMBER: AR20130007301 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 retroactive payment of his Incentive Special Pay (ISP) and Medical Additional Special Pay (MASP) for the period 1 July 2011 to 30 June 2012. 2. The applicant states he never received his contract nor his payment for the ISP and MASP. He holds area of concentration 60A (Operational Medicine). He received the contract and payment for the fiscal year starting on 1 July 2012 and ending on 30 June 2013 but not the previous fiscal year. 3. The applicant provides did not provide any evidence. CONSIDERATION OF EVIDENCE: 1. The applicant's records show he was appointed as a U.S. Army Reserve Medical Corps commissioned officer and executed an oath of office on 14 March 2002. He currently holds the rank of major. 2. An email, dated 1 May 2013, from the Defense Finance and Accounting Services (DFAS), Indianapolis, IN, confirmed the applicant received his ISP payment of $15,000 on 26 July 2011. 3. An advisory opinion was obtained on 10 June 2013 from the Special Pay Branch of the Office of the Surgeon General (OTSG) in the processing of this case. The advisory official stated: a. The applicant is requesting a retroactive payment of a 1-year MASP contract at $15,000/year effective 20110701-20120630, and 1-year ISP contract at $28,000/year effective 20111001-20120930. He claims he never received payment of either contract. b. An officer must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting contract to be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after effective date; otherwise, effective date must be reestablished as date of signature. All contracts executed outside of the policy for signature date or received outside the funded fiscal year, are returned without action. c. A review of special pay and finance records indicate he had executed and was paid the 1-year MASP contract of $15,000/year effective 20110701-20120630, and it is visible on his Leave and Earnings Statement (LES) of July 2011 as entitlement $15,000 with deduction (paid direct deposit to bank) $10,500 after withholdings. He supplied an ISP contract that is effective 20121001. There is no record of the 1-year ISP contract at $28,000/year effective 20111001-20120930 being executed, received, filed, or paid. d. He had executed and was paid the 1-year MASP contract of $15,000/year effective 20110701-20120630, and it is visible on his July 2011 LES as entitlement $15,000 with deduction (paid direct deposit to bank) $10,500 after withholdings. No action required. He was eligible for the requested 1-year ISP contract of $28,000/year effective 20111001-20120930, and by him presenting the missing unpaid contract as part of this request, it would be appropriate for payment as directed by Board decision. 4. A copy of this advisory opinion was provided to the applicant on 13 June 2013 but he did not respond. DISCUSSION AND CONCLUSIONS: 1. An audit of the applicant's pay records revealed he has already been paid the MASP at the rate of $15,000/year and this amount was posted to his July 2011 LES. Therefore, no action is required with regard to his MASP as this payment has already been made. 2. The available evidence supports the applicant’s contention that he was not properly paid his ISP at the rate of $28,000/year. He provided a contract and he has performed his service. It does not seem reasonable that a rational person would intentionally fail to submit an application for ISP, knowing that he would lose an annual payment of $28,000.00 per year. The applicant clearly entered into an agreement for ISP for the period from 1 July 2011 through 30 June 2012. Therefore, his record should be corrected to show that he did so and authorize him appropriate payment accordingly. BOARD VOTE: ____X____ ____X____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing he entered into an ISP contract for the period covering 1 July 2011 through 30 June 2012 * paying him retroactive payment of ISP in accordance with his contract for the entire period covering 1 July 2011 through 30 June 2012, in the total amount of $28,000 less any taxes _______ _ __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) AR20130007301 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007301 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1