ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 August 2019 DOCKET NUMBER: AR20180016383 APPLICANT REQUESTS: Correction of his record to show he was paid Incentive Special Pay (ISP) effective for 15 December 2015 – 14 December 2016 and 19 March 2016 – 18 March 2017 along with interest. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Leave and Earnings Statements (LES), dated between July 2015 – December 2017 * Email dated between 22 – 24 August 2018 * Officer Record Brief (ORB), dated 1 May 2019 FACTS: 1. The applicant states in pertinent part, Ms. D- of military human resources division at Womack Army Medical Center admitted in email on 23 August 2018 to not having the opportunity to offer him the ISP contract when he out-processed from Fort Bragg, NC. He was not offered an ISP during in-processing to Fort Jackson, SC his next duty station. He was never told by anyone of an existing ISP contract that he was eligible to receive. Somehow he was offered and executed the Medical Additional Special Pay (MASP) on 15 December 2015 – 14 December 2016 at $15,000.00. Financial contracts were never offered to him after completion of his Family Medicine Residency Training at Womack Army Medical Center on 18 December 2015. He would be eligible to execute his initial ISP 3 months after the qualifying training for the period of 15 December 2015 – 14 December 2016 at $15,000.00. He was also eligible for ISP for the period 19 March 2016 – 18 March 2017 at $20,000.00. He requests reimbursement of $35,000.00 for missing out on this ISP. Additionally, since he missed out on ability to invest in this income, he also asks for reimbursement of interest at annual rate of 3% which is an average of 1% he would get from a regular savings and 5% from what he would get from mutual funds and Thrift Savings Plan, for a sum of $2100.00. His service as an Anny Physician is invaluable (especially with current pay). He wants to serve a full career as a leader and a physician for his nation; however, he needs the financial incentive to continue and deserves what is owed to him. 2. A review of the applicant’s service records show the following on: * 16 June 2008 – the applicant was appointed as a Reserve commissioned officer and executed an oath of office * 16 July 2012 – the Degree of Doctor of Osteopathic Medicine was conferred upon the applicant * 10 December 2016 – the American Board of Family Medicine by letter confirmed the applicant was board certified as of 17 December 2015 * the applicant is currently serving on active duty * the applicant’s record is void of any supporting documents requesting ISP 3. The applicant provides: * July 2015 – December 2017 LES’s showing his board certification pay and variable special pay * email correspondence wherein an attempt is made to ascertain why the applicant did not receive special pay while at Fort Bragg, NC through a U.S. Army Human Resources Command official and the Fort Bragg, NC point of contact states the applicant must have been off cycle and did not come by the office before leaving * ORB showing a brief of his military career and assignments at Fort Bragg, NC and Fort Jackson, SC 4. On 5 August 2019, Office of the Surgeon General reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Army Medical Department Special Pay Branch opined that: a. A review of special pay and finance records indicates the applicant was eligible to execute the special pay agreements consisting of the MASP at $15,000/year effective 15 December 2016, and the ISP at $20,000/year effective 19 March 2016. There is no record of agreements being requested, prepared, executed, processed, or paid. b. The applicant met the eligibility criteria for the entitlement category of MASP at $15,000/year effective 15 December 2016, and the discretionary category of ISP at $20,000/year effective 19 March 2016. There is no provision in the Department of Defense or Army pay plans to support reimbursement of a perceived financial interest loss to officer due to nonpayment of agreements. Payment of the above stated agreements have no effect on any other special pay agreements or monies already disbursed. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. The applicant did not provide a response to the advisory. 6. Title 37 United States Code (USC), section 302 states an officer who is an officer of the Medical Corps of the Army and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. An officer who is entitled to variable special pay may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The amount of ISP paid to an officer under this section may not exceed $75,000.00 for any 12-month period. Special pay shall be paid monthly. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his service records, his professional credentials and Degrees, and the conclusions in the advisory opinion rendered by the Office of the Surgeon General, Chief, Army Medical Department Special Pay Branch. Based on a preponderance of evidence, the Board found that the applicant met the eligibility criteria for the entitlement category of MASP at $15,000/year effective 15 December 2016, and the discretionary category of ISP at $20,000/year effective 19 March 2016. The Board found no provision for reimbursement of the claimed loss of interest. Based on a preponderance of evidence, the Board determined that a correction to the applicant’s record was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XXX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 to show: - the applicant executed special pay agreements consisting of the MASP at $15,000/year effective 15 December 2016, and the ISP at $20,000/year effective 19 March 2016; - the agreements were received and processed by the appropriate authority, and; - the applicant was paid any special pay monies he is owed as a result of this correction. 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 interest as requested by the applicant. 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCE: Title 37 USC, section 302 states an officer who is an officer of the Medical Corps of the Army and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection. An officer who is entitled to variable special pay may be paid ISP for any 12-month period during which the officer is not undergoing medical internship or initial residency training. The amount of ISP paid to an officer under this section may not exceed $75,000.00 for any 12-month period. Special pay shall be paid monthly. ABCMR Record of Proceedings (cont) AR20180016383 4 1