| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Ms. Kathleen A. Newman | Chairperson | ||
| Ms. Gail J. Wire | Member | ||
| Mr. Patrick H. McGann | Member |
APPLICANT REQUESTS: That his records be corrected to show entitlement to Medical Additional Special Pay (MASP) effective 1 July 2000 and 1 July 2001 and Incentive Special Pay (ISP) effective 1 October 1998, 1 October 1999, 1 October 2000, and 1 October 2001.
APPLICANT STATES: That he received MASP effective 1 July 1998 and 1 July 1999, but after that, he received no bonuses. He indicates he was totally unaware he had to sign a special pay agreement each year to receive bonuses. He was not aware of the requirement to initiate special pay contracts annually until 21 May 2002.
EVIDENCE OF RECORD: The applicant's military records show:
A review of the officer’s military finance record indicates he last executed and was paid $15,000 MASP effective 1 July 1999 through 30 June 2000.
On 12 September 2002, the Chief, Army Medical Department (AMEDD), Special Pay Branch, Office of The Surgeon General opined that MASP and ISP payment require the officer to execute and submit a contract for payment no earlier than 90 days, but no later than 30 days from the effective date. After that period, the date of signature becomes the new effective date, and that the contract execution rests with the requesting officer.
On 25 September 2002, the AMEDD opinion was provided to the applicant for his acknowledgement/rebuttal.
On 17 October 2002, the applicant rebutted the AMEDD opinion by indicating his failure to initiate the contracts was wholly unintentional on his part and reflects his previous poor understanding of how the AMEDD Special Pay system works.
Department of the Army policy guidance concerning Medical Corps Officer Special and Incentive Pay Policy, Plan and Rates, indicates that the “Agreement Effective Date – In order to retain the effective date indicated on the Medical Occupational Data System (MODS) Eligibility Roster, the officer must sign the agreement not later than 30 days following the entitlement date indicated on the roster, or not later than 30 days following the date of the roster, whichever is later. Agreements signed after that date will be effective upon the date of signature.” The “no earlier than 90 days” comment is not written, but equates to the MODS Eligibility Roster Program which will not have the eligible population or a contract posted until 90 days prior to the effective date; therefore, the contract is not signed any earlier than 90 days prior to the effective date.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The evidence of record clearly shows the applicant did not submit MASP or ISP contracts within the designated 90 days earlier and 30 days later than the effective date.
2. The applicant’s claim that he “was totally unaware that I had to sign a Special Pay agreement each year to receive the pay to which I was entitled” is greatly diminished since he had previously executed two prior MASP contracts.
3. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement
5. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
_KAN___ _______ PHM____ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ _GJW___ ________ DENY APPLICATION
| CASE ID | AR2002074354 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030123 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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