BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20160003735 BOARD VOTE: __x_______ __x_____ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20160003735 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 the applicant applied for, was approved for, and is entitled to 2 years of Multi-year Special Pay, effective 1 April 2013 through 31 March 2015, at the 4-year contract rate. 2. As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment pertaining to a 2-year Multi-year Special Pay at the 4-year contract rate, effective 1 April 2013 through 31 March 2015 (a difference of $12,000.00/year) for a total of approximately $24,000.00, less withholdings (the exact amount to be determined by the Defense Finance and Accounting Service), that may be due the applicant as a result of this correction. ___________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. BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20160003735 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, in effect, correction of his records to show he is authorized retroactive Multi-year Special Pay in the amount of $24,000. 2. The applicant states he executed 4-year Multi-year Special Pay (MSP)/Multi-year Incentive Pay (MISP) contracts in 2009 that were valid into 2012. In March 2011, he submitted his renegotiated 4-year MSP/MISP contracts. a. According to the Chief, Military Personnel Division (MPD), Walter Reed National Military Medical Center (WRNMMC), the contracts "were not processed accordingly." As a result, he did not receive payment for the contracts that were effective 1 April 2011 and the error was not noticed until April 2013. b. He contacted an official at the MPD who located the unprocessed contracts. The official stated he could not correct the problem because it was more than 2 years from the effective date. The applicant then contacted the Army Special Pay Branch, Office of The Surgeon General (OTSG), but they could not correct the error either. As an interim measure, the OTSG processed a 2-year MSP/MISP contract (for a lesser amount), effective 1 April 2013, while the applicant pursues a correction of the error. c. He states the difference between 2 years of a 4-year MSP contract and 2 years of a 2-year MSP contract is $24,000. (The MISP amount is the same. However, the 4-year MSP is $25,000 per year while the 2-year MSP is $13,000 per year, a difference of $12,000 per year or $24,000 over 2 years). d. He has been reassigned twice, which delayed his ability to correct the matter. In addition, the Fort Carson Inspector General and the Ombudsman could not assist him in the matter. In 2015, an official at the Special Pay Branch, MPD, WRNMMC, reviewed his special pay account and concluded the applicant did not receive payment for the renegotiated MSP/MISP contracts that were to be effective 1 April 2011 resulting in a net loss of $24,000 MSP. 3. The applicant provides: * two requests for Medical Corps MSP * two requests for MISP Agreement in Conjunction with MSP * MSP/MISP Renegotiation Contract CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Regular Army (RA) commissioned officer, in the rank of captain, Medical Corps (Ophthalmology), on 16 May 1998. 2. He is currently serving as a RA commissioned officer in the rank of colonel. 3. In support of his application the applicant provides the following documents. a. His request for MSP, dated 7 March 2011, that shows he was licensed as a physician in the State of Virginia (license expiration date of 31 May 2012) and he agreed to serve 4 years of continuous active duty effective 1 April 2011. The request does not show the action taken by the Commander, Walter Reed Health Care System. b. His request for MISP Agreement in Conjunction with MSP, dated 7 March 2011, that shows he was licensed as a physician in the State of Virginia (license expiration date of 31 May 2012) and he agreed to serve 4 years of continuous active duty effective 1 April 2011. The request does not show the action taken by the Commander, Walter Reed Health Care System. c. His request for MSP, dated 1 April 2013, that shows he was licensed as a physician in the State of Virginia (license expiration date of 31 May 2014); he agreed to serve 2 years of continuous active duty effective 1 April 2013; and the request was approved by the Commander, 187th Medical Battalion, Fort Sam Houston, TX. d. His request for MISP Agreement in Conjunction with MSP, dated 1 April 2013, that shows he was licensed as a physician in the State of Virginia (license expiration date of 31 May 2014); he agreed to serve 2 years of continuous active duty effective 1 April 2013; and the request was approved by the Commander, 187th Medical Battalion, Fort Sam Houston, TX. e. U.S. Army Garrison, Fort Detrick Army Element, WRNMMC, MPD, Bethesda, MD, memorandum, dated 9 June 2015, subject: MSP/MISP Renegotiation Contract [pertaining to applicant] that shows the Chief, MPD, confirmed that renegotiated MSP/MISP contracts were completed on behalf of the applicant on or about 7 March 2011 and the contracts were forwarded through the Special Pay Branch, OTSG. However, due to an error in the process, the applicant did not receive payment for the renegotiated MSP/MISP contracts that were effective 1 April 2011. 4. In the processing of this case, an advisory opinion was obtained from the Chief, Army Medical Department, Special Pay Branch, OTSG, Falls Church, VA. a. The advisory official recommends relief. b. The advisory official's review of available special pay, finance records, and supporting documents indicates the applicant met the eligibility criteria for the renegotiated contracts. He summarized the contracts the applicant submitted. * 4-year MSP ($25,000/year) and linked to MISP ($30,000/year) for payment effective 1 April 2009 through 31 March 2013. The two contracts commenced after the applicant's training obligation expiration date of 18 November 2009 and were adjusted (7 months and 18 days) for the period 19 November 2009 through 18 November 2013. * 2-year MSP ($13,000/year) and linked to MISP ($30,000/year) for payment effective 1 April 2013 through 31 March 2015. The recurring adjusted MSP contract obligation expired 18 November 2015 (adjusted 7 months and 18 days). * 4-year MSP ($45,000/year) and linked to MISP ($41,000/year) for payment effective 16 July 2015 through 15 July 2019. The recurring adjusted MSP contract obligation expires 17 November 2019 (adjusted 4 months and 2 days). c. He noted, except for the copies of executed MSP/MISP contracts provided by the applicant, there is no system of record of a prepared, executed, processed, or paid MSP/MISP contract effective 1 April 20011 through 31 March 2015. d. The advisory opinion shows the applicant was eligible for the renegotiated 4-year MSP contract at $25,000/year linked to a 4-year MISP contract at $30,000/year effective 1 April 2011 through 31 March 2015. All contracts executed outside of the policy date or approved contracts received outside the funded fiscal year are returned without action, as they are not within the OTSG's approval authority. If the applicant is authorized the retroactive renegotiated contract, the following adjustments are provided: * payment of the MSP contract for the difference of $12,000/year effective 1 April 2013 and also effective 1 April 2014 (total $24,000) * the MISP contract rate of $30,000/year was unchanged for the total contractual period 1 April 2009 through 31 March 2015; there are no payments due for this concurrent obligation period * applicant's adjusted MSP obligation for this period remains 17 November 2019 5. On 17 May 2016, the applicant was provided a copy of the advisory opinion in order to allow him the opportunity to submit comments or a rebuttal. On 7 June 2016, the applicant concurred with the advisory official's assessment that the total discrepancy is $24,000. REFERENCES: Army Regulation 37-104-4 (Military Pay and Allowances Policy), Chapter 20 (Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR)), provides that only the Director, Defense Finance Accounting Service, may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR under the provisions of Army Regulation 15-185 (ABCMR). DISCUSSION: 1. The applicant requests, in effect, correction of his records to show he is authorized retroactive MSP in the amount of $24,000. 2. The evidence of record shows the applicant met the eligibility criteria for the renegotiated 4-year MSP contract at $25,000/year linked to a 4-year MISP contract at $30,000/year effective 1 April 2011 through 31 March 2015. 3. The applicant's MISP contract rate of $30,000/year was unchanged for the total contractual period 1 April 2009 through 31 March 2015; therefore, there are no payments due for that concurrent obligation period. However, adjustment of the retroactive renegotiated contract is required to authorize payment of the MSP contract for the difference of $12,000/year effective 1 April 2013 and effective 1 April 2014 (total amount $24,000). (The current MPS contract obligation (adjusted 4 months and 2 days) with an expiration date of 17 November 2019 remains unchanged and in effect.) 4. The OTSG cannot authorize payment of MSP for the period of service under review because to do so would exceed the OTSG's authority. However, the OTSG recommends that the ABCMR approve this payment. 5. In view of the foregoing, it would be appropriate to correct the applicant's records to show he is entitled to MSP effective 1 April 2013 and effective 1 April 2014 for a total amount of approximately $24,000 (less any withholdings). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003735 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003735 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2