IN THE CASE OF: BOARD DATE: 12 January 2010 DOCKET NUMBER: AR20090016904 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 22 July 2008 to 21 July 2009 and 22 July 2009 to 21 July 2010. 2. The applicant states that she was totally unaware of this entitlement until January 2008. 3. The applicant provides in support of her request a copy of a letter, dated 27 April 2007, from the American Osteopathic Board of Family Physicians; a copy of a letter, dated 15 July 2008, from the American Osteopathic Board of Radiology; and a copy of her Officer Record Brief (ORB), dated 1 October 2009. CONSIDERATION OF EVIDENCE: 1. The applicant's records show she was appointed as a U.S. Army Reserve Medical Corps (MC) captain (CPT) and executed an oath of office on 23 May 2003. 2. During the period 1 May 2006 to 5 May 2007, the applicant completed the Family Practice Residency program. 3. On 27 April 2007, the Executive Director of the American Osteopathic Board of Family Physicians stated in a letter that the applicant had successfully completed the written and practical examination and would be board eligible for certification in family practice and osteopathic treatment upon completion of her training program. 4. On 22 July 2007, the applicant entered active duty as a Regular Army, MC CPT and was subsequently assigned to the U.S. Army Health Clinic, Baumholder, Germany. 5. At the time of her application, the applicant was serving on active duty as a MC surgeon, Warrior Transition Battalion, Landstuhl, Germany. 6. 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 indicates the applicant entered active duty on 22 July 2007 and executed only one MASP agreement effective 20070722-20080221. It further stated that even though the applicant must bear responsibility for her part of the execution and submission of the agreements, the delay in executing the MASP agreements was due to no fault of the applicant as she was unaware of the need to request preparation and execution of the agreements for payments. It further stated that this office was able to authorize the MASP from 20090722 through 20100721 and payment was already released to the applicant's account (less applicable taxes). Therefore, this portion of MASP with not be further discussed in this Record of Proceedings. 7. However, the OTSG cannot make payments retroactive for the earlier timeframe due to the Defense Finance and Accounting Service policy and procedure limitations. The OTSG official further recommended the applicant's MASP agreement for $15,000/year for the period 22 July 2008 through 21 July 2009 be authorized for payment. 8. On 29 October 2009, the applicant was provided a copy of this advisory opinion; however, she did not respond. 9. 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 is required. The license or waiver must be maintained during the period of the MASP agreement to be eligible. 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. The annual rate regardless of years of creditable service is $15,000.00 per year. DISCUSSION AND CONCLUSIONS: The available evidence supports the applicant’s contention that she was not properly advised of her eligibility for MASP. Furthermore, it does not seem reasonable that a rational person would intentionally fail to submit an application for MASP, knowing that she would lose $15,000.00 per year. The applicant was clearly authorized to enter into an agreement for MASP for the period from 22 July 2007 through 21 July 2008. Therefore, her record should be corrected to show that she 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. showing she entered into a retroactive MASP contract for the period covering 22 July 2008 to 21 July 2009; and b. paying her retroactive payment of MASP in accordance with her contract for the entire period covering 22 July 2008 to 21 July 2009, in the total amount of $15,000.00. _______ _ 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) AR20090016904 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090016904 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1