RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 October 2006
      DOCKET NUMBER:  AR20060009110


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Melinda M. Darby              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 he receive annual Medical
Additional Special Pay (MASP) for the period 1 July 2004 through 30 June
2005 and for the period 1 July 2005 through 30 June 2006.

2.  The applicant states, in effect, that the orders that assigned him to
the U.S. Army Medical Student Detachment, Fort Sam Houston, Texas, for
fellowship training in Maternal and Fetal Medicine indicate that he was
eligible for MASP.

3.  The applicant provides a copy of Headquarters, Walter Reed Army Medical
Center, Washington, District of Columbia, Order 105-11, dated 15 April
2003, and 2 Memoranda for the Chief, Special Pay Branch, Office of The
Surgeon General, Alexandria, Virginia, dated 20 June 2006, subject:
Request for Medical Additional Special Pay (MASP).

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he initially entered
active duty in the grade of second lieutenant in the U.S. Army Medical
Service Corps for a period of 4 years, effective 29 July 1995.  At the time
the applicant submitted his application to the Army Board for Correction of
Military Records (ABCMR) he was serving on active duty in the grade of rank
of major.

2.  In support of his application, the applicant provides a copy of
Headquarters, Walter Reed Army Medical Center, Washington, District of
Columbia, Order
105-11, dated 15 April 2003, that shows, in pertinent part, that he was
assigned to the U.S. Army Medical Student Detachment, Fort Sam Houston,
Texas, for fellowship training in Maternal and Fetal Medicine  beginning 1
July 2003 and ending 30 June 2006.  The orders also show, in pertinent
part, that the applicant was eligible to enter MASP.  The two memoranda for
the Chief, Special Pay Branch, Office of The Surgeon General, Alexandria,
Virginia, dated 20 June 2006, subject:  Request for Medical Additional
Special Pay, show that the applicant requested MASP for the period 1 July
2004 through 30 June 2005 and also for the period 1 July 2005 through 30
June 2006.  These documents also show, in pertinent part, that the
applicant understood and agreed to the conditions of agreement for MASP.
These documents further show that they were approved and signed by the
colonel serving as Commander, 32nd Medical Brigade, Fort Sam Houston,
Texas.

3.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Army Medical Department, Special Pay Branch, Office of The
Surgeon General, Falls Church, Virginia, dated 23 August 2006.  The
advisory opinion points out that the applicant is requesting payment of
MASP at $15,000 per year for the period 1 July 2004 through 30 June 2005
and for the period 1 July 2005 through 30 June 2006 due to an oversight of
his eligibility to execute MASP agreements while attending medical
fellowship training.  A review of the applicant's military pay file by the
advisory official indicates no record of any MASP agreement submissions for
2004 or 2005 and that the applicant did not receive payment for the
obligatory MASP agreements of $15,000 per year for the two periods of time
under review.

4.  The advisory opinion also points out that, even though the applicant
must bear responsibility for his part of the execution and submission of
the agreement, this outstanding MASP entitlement for the periods requested
is based on time being served and the extenuating circumstances during that
period of being incorrectly advised that he was not eligible to execute the
agreements while in medical fellowship training.  The advisory official
concludes that there are no objections to payment of the two MASP
agreements.

5.  On 29 August 2006, a copy of the advisory opinion was furnished to the
applicant in order to have the opportunity to respond to its contents.  On
29 August 2006, the applicant indicated that he concurred with the advisory
opinion rendered in his case.

6.  Title 37, United States Code, Sections 301d, 302, 302f, and 303a,
provide for multi-year 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) Multi-year 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 (i.e., MSP) is authorized
concurrently with MASP and ISP.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he should receive annual MASP
for the period 1 July 2004 through 30 June 2005 and for the period 1 July
2005 through 30 June 2006 because he was not advised that he was eligible
to execute the MASP agreements while he was in medical fellowship training.

2.  By law, a MASP agreement requires execution and submission by the
officer, through their chain of command, for payment.  The evidence of
record shows the applicant executed the appropriate MASP agreements
subsequent to his medical fellowship training.  However, the evidence of
record also shows the applicant was incorrectly advised that he was not
eligible to execute the agreements while in medical fellowship training.

3.  The advisory opinion states that the applicant should be authorized the
2 one-year MASP agreements at $15,000 per year, effective 1 July 2004
through 30 June 2005, and effective 1 July 2005 through 30 June 2006.

4.  Based on the foregoing, it is determined that in the interest of
justice the applicant is entitled to MASP for the period 1 July 2004
through 30 June 2005 and for the period 1 July 2005 through 30 June 2006.
Therefore, his records should be corrected to show entitlement to this
special pay.

BOARD VOTE:

___MMD_  __JCR__  __RDG___  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:

      a.  showing that the 2 Memoranda For Chief, Special Pay Branch,
Office of The Surgeon General, Alexandria, Virginia, dated 20 June 2006,
subject:  Request for Medical Additional Special Pay (MASP), pertaining to
the applicant's MASP agreement, effective 1 July 2004 through 30 June 2005,
and his MASP agreement, effective 1 July 2005 through 30 June 2006, were
timely submitted, authorized, and approved by the approval authority;

      b.  making payment to the applicant in the amount of $15,000 for his
MASP agreement, effective 1 July 2004 through 30 June 2005; and

      c.  making payment to the applicant in the amount of $15,000 for his
MASP agreement, effective 1 July 2005 through 30 June 2006.




                                           _Melinda M. Darby____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009110                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061019                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.1600.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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