IN THE CASE OF: BOARD DATE: 13 May 2008 DOCKET NUMBER: AR20080003506 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, retroactive payment of Medical Additional Special Pay (MASP) in the amount of $15,000.00 per year for the periods from 1 February 2006 to 31 January 2007; and from 1 February 2007 to 31 January 2008. 2. The applicant states that he was totally unaware of this entitlement until January 2008. 3. The applicant provides copies of a letter from the Department of Psychiatry, Tripler Army Medical Center, dated 13 June 2006; and an electronic message, Medical Corps Officer Special Pay Policy, Plan and Rates, dated 19 September 2007. CONSIDERATION OF EVIDENCE: 1. At the time of his application, the applicant was serving on active duty as a Medical Corps Officer in the rank of captain, pay grade O-3. 2. On 13 June 2006, the Director of Residency Training, Tripler Army Medical Center, Honolulu, Hawaii, stated in a letter that the applicant had successfully completed his internship. 3. In the processing of this case a staff advisory opinion was obtained from the Special Pay Branch of the Office of the Surgeon General (OTSG). It stated that a review of the officer's military pay file found no record of any MASP agreement submissions prior to 1 February 2008. It further stated that even though the applicant must bear responsibility for his part of the agreement execution and submission, the outstanding MASP entitlement for the period requested is based on time being served, and the failure to be counseled on eligibility to execute the agreement. It noted that the OTSG could not make payment due to Defense Finance and Accounting Service policy and procedure limitations; however, there were no objections to payment of the MASP agreement. 4. On 29 April 2008, the applicant concurred with the advisory opinion. 5. MASP is paid annually to Medical Corps officers who are not participating in internship or initial residency training. Possession of a current, unrestricted license, or an approved Department of Defense waiver issued under the provisions of Army Regulation 40-68 with applicable interim changes. The license or waiver must be maintained during the period of the MASP agreement to eligibility. Failure to complete or graduate from initial residency training is not considered eligibility for MASP upon entry into another residency program. Entitlement to pay is contingent upon execution of a legally binding written agreement to remain on active duty for 1 year beginning on the effective date of the agreement. Annual rate regardless of years of creditable service is $15,000.00 per year. DISCUSSION AND CONCLUSIONS: 1. The available evidence supports the applicant’s contention that he was not properly advised of his eligibility for MASP. Furthermore, it does not seem reasonable that a rational person would intentionally not submit an application for MASP, knowing that he would lose $15.000.00 per year. 2. The available evidence clearly shows that the applicant was authorized to enter into an agreement for MASP for the years 2006 and 2007. Therefore, his records should be corrected to show that he did so. 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: a. permitting the applicant to enter into a retroactive MASP contract for the periods covering 1 February 2006 to 31 January 2007; and for 1 February 2007 to 31 January 2008; and b. once he has authenticated the MASP contracts, awarding him retroactive payment of Medical Additional Special Pay (MASP), in accordance with his contracts, for the entire period covering 1 February 2006 to 31 January 2008, in the total amount of $30,000.00. __________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) AR20070015723 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080003506 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1