| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Thomas Lanyi | Member |
2. The applicant requests that he be paid Medical Additional Special Pay (MASP) for the years 1998, 1999, and 2000.
3. The applicant states that he belatedly found out the MASP contract had to be signed each year when he recently signed on for another four years as a retiree recall. His command did not provide the yearly paperwork and he erroneously thought the MASP was calculated in his Multi-year Special Pay (MSP) payments.
4. The applicant’s military records show that he entered active duty on 8 September 1964 as a second lieutenant in the Medical Service Corps. Shortly thereafter he transferred to the Medical Corps in the rank of captain. It appears he was retired on 30 September 1998 and recalled to active duty the following day.
5. In the processing of this case, an advisory opinion was obtained from the Army Medical Department Special Pay Branch. That office noted that the applicant last executed and was paid MASP at $15,000 per year effective 1 October 1997 through 30 September 1998 and again 1 October 2001 through 30 September 2002. The applicant received all contractual pays authorized with the exception of a one-year obligatory MASP for $15,000 per year effective 1 October 1998 through 30 September 1999, 1 October 1999 through 30 September 2000, and 1 October 2000 through 30 September 2001. It appears the system failed to capture his continued retention on active duty as a Retiree Recall. The applicant also indicated that the local military personnel office did not believe he was eligible for MASP as a Retiree Recall and no further action was taken until he was renewing an MSP retention bonus in October 2001 and the missing MASPs were identified. That office recommended payment of the three outstanding MASPs for the periods requested.
6. A copy of the advisory opinion was provided to the applicant for comment. He concurred in the advisory opinion.
CONCLUSIONS:
1. It appears that a Government error was made in this case that has caused an injustice to the applicant.
2. As a Retiree Recall on continued active duty, the applicant was eligible to execute an MASP contract. However, the system failed to capture his continued retention on active duty and his local military personnel office did not believe he was eligible for the MASP as a Retiree Recall. As a result, the applicant lost the opportunities to execute an MASP contract for three periods at a cost of $15,000 per year.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing the applicant executed three one-year MASP contracts for $15,000 each for the periods effective 1 October 1998 through 30 September 1999, 1 October 1999 through 30 September 2000, and 1 October 2000 through 30 September 2001 and by paying to the applicant the monies due as a result of this correction.
BOARD VOTE:
__fne___ __le____ __tl____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Fred N. Eichorn
______________________
CHAIRPERSON
| CASE ID | AR2002067427 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020328 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128.16 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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