IN THE CASE OF: BOARD DATE: 8 September 2015 DOCKET NUMBER: AR20150010447 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 a prorated annual Medical Additional Special Pay (MASP) contract in the amount of $15,000/year for the period 7 February 2014 through 1 July 2015, starting with the effective date of his medical license and ending upon entering his residency program. 2. The applicant states he was unaware of his eligibility to complete a MASP contract for this period. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. At the time of his application, he was serving in the Regular Army as a captain, pay grade O-3, at Joint Task Force Odin, Forward Operating Base – Bagram, Afghanistan. 2. In the processing of this case an advisory opinion, dated 5 August 2015, was obtained from the Chief, Special Pay Branch, Office of the Surgeon General. The advisory official stated the applicant indicated he was unaware of his eligibility for a MASP contract during the period 7 February 2014 through 1 July 2015. a. A review of special pay and finance records verified the effective date of the applicant's initial medical license as 7 February 2014. Data also indicates the applicant's official residency training program in radiology is effective 28 August 2015 through 27 August 2019. There is no record of a prepared, executed, processed, or paid MASP contract. b. Officers must bear responsibility for their part of the contract preparation, to include their inquiry as to eligibility, requesting a contract be initiated, and executing the contract by signature up to 90 days in advance or within 30 days after the effective date; otherwise the effective date must be reestablished as the date of signature. c. The applicant was eligible and would have been authorized a MASP contract at $15,000/year effective 7 February 2014 through 27 August 2015; a prorated amount of approximately $23,375. d. Failure of the applicant to submit the MASP contract upon graduation from his internship and attaining his medical license should not be considered unfavorable based on the lack of notification of eligibility for the special pay. 3. On 6 August 2015, the advisory opinion was forwarded to the applicant for acknowledgement/rebuttal. No response was received. 4. 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 (Clinical Quality Management) with applicable interim changes. The license or waiver must be maintained during the period of the MASP agreement to eligibility. 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 per year. DISCUSSION AND CONCLUSIONS: The available evidence clearly shows he was authorized to enter into an agreement for MASP during the period 7 February 2014 through 27 August 2015. It does not seem reasonable that a rational person would knowingly not submit an application for MASP, knowing he would lose $15,000 per year. 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 showing he timely entered into an MASP contract for the period 7 February 2014 through 27 August 2015 and paying him retroactive MASP in accordance with his contract for this period in the amount of approximately $23,375. _______ _ __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) AR20150010447 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150010447 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1