RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 January 2006
DOCKET NUMBER: AR20050005964
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. Luis Almodova | |Senior Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Mr. Thomas M. Ray | |Member |
| |Mr. Randolph J. Fleming | |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, in effect, that the date of his Medical
Additional Special Pay (MASP) be corrected to July 1.
2. The applicant states, in effect, that he signed into the MEDDAC
(Medical Department Activity), Fort Hood, Texas, on 7 April 2005, after a
14-month deployment to Iraq. The MASP contract he was given was dated 14
July 2005. The correct effective date should be July 1. The first MASP
contract he signed was 1 July 1997.
3. The applicant submitted a copy of three Memorandums, Subject: Request
for Medical Additional Special Pay (MASP) that were submitted by him for
MASP with effective dates of 1 July 1997, 1998, and 1999.
CONSIDERATION OF EVIDENCE:
1. The applicant’s records show he was appointed a Reserve commissioned
officer on 12 July 1992. He was honorably discharged under the provisions
of Army Regulation (AR) 600-8-24, Paragraph 3-5, on 16 June 2000, in the
rank and pay grade of major, O-4, for miscellaneous/general reasons.
2. The applicant was reappointed a Reserve commissioned officer on 5 June
2003. The applicant reentered active duty on 14 July 2003 in the rank and
pay grade of major, O-4. He is currently on active duty as a Medical Corps
officer with an active duty service obligation that is scheduled to expire
on 14 May 2007.
3. The officer is requesting adjustment of his annual MASP effective date
from 14 July to 1 July of each year.
4. The applicant submitted copies of contracts he previously entered into
for the payment of MASP. The one-year continuous active duty that he
agreed to serve in 1997 began on 1 July. The one-year continuous active
duty that he agreed to serve in 1998 began on 1 July and the one-year
continuous active duty that he agreed to serve in 1999 began on 1 July.
5. In the processing of this case, an advisory opinion was requested of
the Office of The Surgeon General (OTSG).
6. On 3 May 2005, the Chief, AMEDD Special Pay Branch, OTSG, provided an
advisory opinion to the Board.
7. The Chief, AMEDD Special Pay Branch, noted that policies and procedures
state that the earliest an officer can execute an MASP agreement is upon
entry on active duty.
8. He added in his advisory that a review of the officer's military pay
account and personnel file indicate that the officer reentered active duty
on this current tour as of 14 July 2003. In turn, the officer executed and
was paid MASP agreements at $15,000 per year effective 14 July 2003 and
again on 14 July 2004.
9. The Chief, AMEDD Special Pay Branch, stated that the officer executed
MASP agreements in accordance with policies and procedures and there was
no reason to grant the cycle adjustment requested.
10. On 12 May 2005, the staff advisory opinion from the OTSG was furnished
to the officer for his information and possible rebuttal prior to the
Board's consideration of his request. The applicant did not respond to the
advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered into agreements to serve for a one-year
continuous active duty tour in 1997, 1998, and in 1999 which began on 1
July.
2. The applicant had a break in service. On 16 June 2000, the applicant
was honorably discharge from active duty for miscellaneous/general reasons.
On 14 July 2003, the applicant reentered active duty on his current tour
of duty; therefore, the date, 14 July, is his new effective date for
payment of MASP.
3. The evidence shows that the applicant was paid MASP at $15,000
effective 14 July 2003 and again on 14 July 2004.
4. Based on the evidence in this case, there appears to be no reason
beyond the officer's desire, for the MASP cycle effective date to be
adjusted from 14 July to 1 July.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_RJF____ _WDP___ __TMR__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
_____William D. Powers_____
CHAIRPERSON
INDEX
|CASE ID |AR |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060105 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |128.1600 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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