RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        9 December 2004
      DOCKET NUMBER:  AR2004103352


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. W. W. Osborn, Jr.             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of Medical Additional Special Pay (MASP)
for the period from 27 July 2003 to 26 July 2004.

2.  The applicant states, in effect, that previously the administrative
section had prepared the contract and presented it to him to sign.  When
this did not occur, the requirement was simply overlooked until February
2004.

3.  The applicant provides copies of the contract as it was prepared for
his review and signature and the 17 February 2004 routing slip that
forwarded it to him.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military record shows that, in July 2003, he was a
Medical Corps major serving as an infectious disease consultation to the
North Atlantic Regional Command comprised on numerous states and several
Outside Continental United States (OCONUS) locations

2.  The signature block of the individual who signed the 17 March 2004 memo
that forwarded the applicant's MASP contract for him to shows that she was
the "Special Pay Administrator."

3.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a
provide for multiyear retention bonuses and special pays for medical
officers and health professionals of the armed forces.  For Army Medical
Corps Officers (Physicians), these special pays are:  1) Variable Special
Pay (VSP) which is paid to all Medical Corps Officers monthly upon entry on
active duty; 2) Board Certification Pay (BCP) which is paid monthly to all
board certified Medical Corps Officers based upon their date of board
certification and their creditable service used to establish the Health
Professional Pay Entry Date (HPPED); 3) Medical Additional Special Pay
(MASP) which is paid to all Medical Corps Officers upon completion of
internship (not during initial residency) at the current rate of $15,000
(less taxes) for a one year active duty obligation that can be served
concurrently with all other obligations; 4) Incentive Special Pay (ISP)
which is
paid based on a variable rate to selected Medical Corps Officers who hold
the specialties eligible to receive this pay for a one year active duty
obligation that
may be served concurrently with all other obligations; and  5) Multiyear
Special Pay (MSP) which is paid based on execution of a contract for 2, 3,
or 4 years of active duty to selected Medical Corps Officers based on their
specialty.  This pay is authorized concurrently with Medical Additional
Special Pay and Incentive Special Pay.

4.  During the processing of this case an advisory opinion was obtained
from the Office of The Surgeon General (OTSG) .  The Chief Army Medical
Department, Special Pay Branch reported that a review of the applicant's
file showed that he had received the $15,000 annual MASP for the periods
beginning 27 July 2001 and 27 July 2002 but that there was no record of
contract submission for the year beginning 27 July 2003.  The Chief,
Special Pay Branch noted that payment of MASP requires the individual to
execute and submit an annual contract for payment no earlier than 90 days,
but no later than 30 days from effective date.  However, he opined that,
while the officer has the responsibility, the payment was based on an
entitlement and the time had been served.  He stated that, although the
OTSG did not have the authority to authorize the payment, there was no
objection to the Board doing so.

5.  The applicant was provided a copy of the favorable opinion for possible
comment prior to consideration of this case.  The applicant concurred on
12 March 2004.

DISCUSSION AND CONCLUSIONS:

1.  The OTSG opined that the MASP was an entitlement and that the time had
been served.

2.  While a individual has a personal responsibility to submit the MASP
contract, in practice, they are prepared by administrative personnel and
provided to the individual for signature.  The applicant's host command
even has an individual with a job title of "Special Pay Administrator."
Given the wide area of the applicant's responsibility and his prior
experience in depending on administrative support to accomplish this
detail, the failure to make a timely submission is understandable,

3.  An injustice occurred and should be corrected by providing the MASP for
the entire period.

BOARD VOTE:

__MM ___  _LDS___  __MJF__  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 that he was entitled to receive payment for a one-year obligatory
MASP contract for the period 27 July 2003 to 26 July 2004.




            _     Melvin H. Meyer______
                  CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004103352                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041209                                |
|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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