IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20160010807 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X____ ___X_____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20160010807 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 paying him retroactive Medical Additional Special Pay in the amount of $3,333.33, less deductions. 2. The Board further determined 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 reimbursement of Incentive Special Pay. ____________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. IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20160010807 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: a. Correction of his records to show entitlement to an additional 2 months and 2 days of Medical Additional Special Pay (MASP); specifically, he contracted for MASP at $15,000 per year effective 1 October 2005 and his effective date should have been 10 July 2005. b. Payment of an additional 2 months and 2 days of Incentive Special Pay (ISP), for the same period cited above. 2. The applicant states he is owed 2 months and 20 days of MASP dating back to 2005. He provides the following timeline: * he entered active duty on 10 July 2005, not knowing about requesting special pay, he did nothing until October * his wife, with power of attorney, requested special pay while he was deployed * instead of backdating his annual contract to 10 July, which coincided with his eligibility date, it was made effective 1 October 2005 * in June 2006, his bonus pay was prorated for 2006-2007 so that he could be paid in July with everyone else * in doing so, he was paid about 75 percent of his annual bonus money 3. The applicant provides no additional evidence in support of his request. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was appointed as a Reserve commissioned officer of the Army on 23 July 1983, as a second lieutenant in the Army National Guard (ARNG). He was appointed into the infantry branch. 3. The applicant was honorably discharged from the ARNG on 26 August 1997, by reason of officer resignation, and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 4. The applicant was appointed as a Reserve commissioned officer of the Army on 17 September 1997, consistent with his acceptance into the F. Edward Hebert Armed Forces Health Professions Scholarship Program. He was appointed as a Reserve commissioned officer of the Army on 11 May 2001, in the rank/grade of captain (CPT)/O-3, in an unassigned branch. Consistent with his graduation from medical school in 2001, he was appointed in the Medical Corps. 5. On or about 20 July 2005, he entered active duty. He was promoted to the rank/grade of colonel (COL)/O-6 on 1 October 2014 and is currently assigned to the U.S. Army Medical Command Element, Falls Church, Virginia. 6. A review of his record shows he completed: a. Two MASP agreements to serve one year of continuous active service, from 10 July 2013 through 10 July 2015, in exchange for MASP in the amount of $15,000 per year. b. An ISP agreement to serve one year of continuous active service, effective 1 October 2008 through 1 October 2009, in the amount of $20,000 per year. c. A multi-year ISP agreement for 4 years of continuous active service, effective 10 July 2009 through 10 July 2013, in exchange for ISP in the amount of $25,000 per year. d. A multi-year ISP combination agreement for 4 years of continuous active service, effective 10 July 2009 through 10 July 2013, in exchange for ISP in the amount of $20,000 per year. e. His records are void of any documentation that shows he executed MASP or ISP agreements during the 2005 timeframe. 7. In the processing of this case, an advisory opinion was obtained from the Office of The Surgeon General (OTSG) on 8 August 2016. The Chief, Army Medical Department (AMEDD) Special Pay Branch, OTSG, recommended partial approval, stating: a. The officer is requesting reimbursement for a retroactive adjustment of 2 months and 20 days, for an annual MASP contract at $15,000/year effective 1 October 2005, which should have been effective 10 July 2005. The officer had the contract renegotiated for the correct cycle of 10 July; however, the adjustment generated a recoupment of monies of 2 months and 20 days. The officer also indicates this affected his annual ISP contract at $14,000/year effective 1 October 2005, and that it should have been initially paid effective 10 July 2005. He requests reimbursement for the difference of 2 months and 20 days. b. Requests for the contractual entitlement MASP (Title 37, U.S. Code, section 302 (a)(4)) are initiated upon graduation from the specialty residency training program, and the discretionary ISP contract (Title 37, U.S. Code, section 302 (b)) is initiated by the officer 90 days post­ graduation from their specialty residency training program. Both contracts are prepared by the commands supporting the Human Resource/Personnel/S1 office. (1) Eligibility criteria for the MASP contract requires the officer to be in the Medical Corps with a full unrestricted medical license, and not currently in an internship or first residency training program. A review of special pay and finance records verified that the applicant met the criteria, and had executed the MASP agreement effective 1 October 2005. He then had the contract corrected as a renegotiation to an effective date of 10 July 2006, which generated a recoupment of $3,333.33 prior to any withholding adjustments. The applicant's MASP has remained on a 10 July cycle. (2) Eligibility criteria for the ISP contract requires the officer to be in the Medical Corps with a full unrestricted medical license, and the effective date of ISP shall be the completion of the qualifying training plus 90-days. A review of special pay and finance records verified that the applicant met the criteria, and had executed the ISP agreement effective 1 October 2005, which is 90-days from his graduation from Neurology residency on 30 June 2005. The applicant's ISP remained on a 1 October cycle until renegotiated to enter into a multi-year ISP combination contract effective 10 July 2009. c. Officers 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, the effective date must be reestablished as the date of signature. d. The applicant was eligible and would have been authorized to execute an entitlement category MASP contract at $15,000/year effective 10 July 2005. Based on the extenuating circumstance with the applicant's initial contract execution, recommend he be reimbursed for the recouped adjustment of $3,333.33; the Defense Finance and Accounting-Indianapolis (DFAS-IN) will determine the correct amount after withholding adjustment. e. The applicant's ISP contract at $14,000/year was correctly executed effective 1 October 2005, 90-days post-graduation from the qualifying residency training program. There is no error identified requiring correction. f. In accordance with Army Regulation 37-104-4 (Military Pay and Allowances Policy, 8 June 2005), Chapter 20 - Settlement Actions Resulting from Correction of Records by the Army Board for Correction of Military Records (ABCMR); only the Director, DFAS-IN may make settlement actions affecting the military pay accounts of Soldiers as a result of correction of records by the ABCMR per provisions of Army Regulation 15-185 (ABCMR). Therefore, any ABCMR relief granted should be addressed for action to the Corrections- Claims Section, DFAS-IN. g. The advisory official requested a final copy of the board results. 8. A copy of the advisory opinion was provided to the applicant on 17 August 2016 for comment and/or rebuttal. He concurred with the final recommendation. REFERENCES: 1. Title 37, U.S. Code, sections 301d, 302, 302f, and 303a, provide for multi-year retention bonuses and special pays for medical officers and health professionals of the armed forces. For Army Medical Corps officers (physicians), these special pays include MASP, which is paid to all Medical Corps officers upon completion of internship (not during initial residency) at the current rate of $15,000.00 (less taxes) for a 1-year active duty obligation that can be served concurrently with all other obligations. 2. Volume 7A, chapter 5, section 050301, of the Department of Defense Financial Management Regulation states that to be eligible for ISP a medical officer must be below the grade of O-7; have a current, valid, unrestricted license or approved waiver; have completed specialty qualification before 1 October 2008; and execute a written agreement to remain on active duty for a period of not less than 1 year beginning on the date the officer accepts the award of ISP. DISCUSSION: 1. The applicant requests correction of his records to show entitlement to an additional 2 months and 2 days of MASP and ISP, effective 10 July 2005. 2. The available evidence indicates he was eligible for MASP during the requested time period; however, based on extenuating circumstances, he did not execute the MASP agreement on 10 July 2005. Subsequently, he had the date corrected and as a renegotiation to the new effective date of 10 July 2006, a recoupment of $3,333.33 was generated. 3. Based on the foregoing, the applicant is eligible for reimbursement of the recouped MASP adjustment of $3,333.33, less deductions. 4. According to the Chief of the AMEDD Special Pay Branch, there is no error in the applicant's ISP contract and/or payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010807 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010807 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2